1009-S.E AMS KOHL S3089.2

ESHB 1009 - S AMD 406

By Senator Kohl-Welles

WITHDRAWN 04/17/2003

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that there has been an increase in studies showing a correlation between exposure to violent video and computer games and various forms of hostile and antisocial behavior. The entertainment software industry's ratings and content descriptors of video and computer games reflect that some video and computer games are suitable only for adults due to graphic depictions of sex and/or violence. Furthermore, some video and computer games focus on violence specifically against public law enforcement officers such as police and fire fighters. The legislature encourages retailers and parents to utilize the rating system.

In addition, the legislature finds there is a compelling interest to curb hostile and antisocial behavior in Washington's youth and to foster respect for public law enforcement officers.

NEW SECTION. Sec. 2. A new section is added to chapter 9.91 RCW to read as follows:

(1) A person who sells, rents, or permits to be sold or rented, any video or computer game he or she knows to be a violent video or computer game to any minor has committed a class 1 civil infraction as provided in RCW 7.80.120.

(2) "Minor" means a person under seventeen years of age.

(3) "Person" means a retailer engaged in the business of selling or renting video or computer games including any individual, partnership, corporation, or association who is subject to the tax on retailers under RCW 82.04.250.

(4) "Substantial bodily harm" has the same meaning as in RCW 9A.04.110(4).

(5) "Violent video or computer game" means a video or computer game that contains a realistic or photographic-like depiction of conflict in which:

(a) A player intentionally kills or inflicts substantial bodily harm on a human form in the game; and

(b) The form is depicted by dress, statement, conduct, or generally understood and recognizable symbol as a public law enforcement officer.

Sec. 3. RCW 7.80.120 and 1997 c 159 s 2 are each amended to read as follows:

(1) A person found to have committed a civil infraction shall be assessed a monetary penalty.

(a) The maximum penalty and the default amount for a class 1 civil infraction shall be two hundred fifty dollars, not including statutory assessments, except for an infraction of state law involving tobacco products as specified in RCW 70.93.060(4) and an infraction of state law involving violent video or computer games under section 2 of this act, in which case the maximum penalty and default amount is five hundred dollars;

(b) The maximum penalty and the default amount for a class 2 civil infraction shall be one hundred twenty-five dollars, not including statutory assessments;

(c) The maximum penalty and the default amount for a class 3 civil infraction shall be fifty dollars, not including statutory assessments; and

(d) The maximum penalty and the default amount for a class 4 civil infraction shall be twenty-five dollars, not including statutory assessments.

(2) The supreme court shall prescribe by rule the conditions under which local courts may exercise discretion in assessing fines for civil infractions.

(3) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting authority of the failure to pay.

(4) The court may also order a person found to have committed a civil infraction to make restitution."

ESHB 1009 - S AMD 406

By Senator Kohl-Welles

WITHDRAWN 04/17/2003

On page 1, line 2 of the title, after "officers;" strike the remainder of the title and insert "amending RCW 7.80.120; adding a new section to chapter 9.91 RCW; creating a new section; and prescribing penalties."

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