BILL REQ. #:  S-2999.1 

Read first time 04/21/2003.   Referred to Committee on Children & Family Services & Corrections.

     AN ACT Relating to video and computer games depicting violence against public law enforcement officers; amending RCW 7.80.120; adding a new section to chapter 9.91 RCW; creating new sections; prescribing penalties; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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 use 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 and who is subject to the tax on retailers under RCW 82.04.250, including any individual, partnership, corporation, or association.
     (4) "Violent video or computer game" means a video or computer game that contains realistic or photographic-like depictions of aggressive conflict in which the player kills, injures, or otherwise causes physical harm to a human form in the game who is depicted, by dress or other recognizable symbols, as a public law enforcement officer.
     (5) Every person shall, in each place of his or her business, post a sign that contains the following message in type that is at least seventy-two points in size:

     THIS BUSINESS WILL NOT SELL, RENT, OR PROVIDE IN ANY OTHER WAY A VIOLENT VIDEO OR COMPUTER GAME TO ANY PERSON UNDER SEVENTEEN YEARS OF AGE. NO PERSON WHO CANNOT PROVE HE OR SHE IS AT LEAST SEVENTEEN YEARS OF AGE MAY BE SOLD, RENTED, OR PROVIDED A VIOLENT VIDEO OR COMPUTER GAME. RCW 9.91.--- (section 2 of this act).

     The sign shall be posted at the location where the sale or rental transaction occurs, and in such a way as to be readily visible to any individual who is buying or renting a video or computer game.

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) or 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.

NEW SECTION.  Sec. 4   (1) The office of superintendent of public instruction shall convene a task force to address the findings of the legislature as stated in section 1 of this act and to help meet the goals of the curbing of hostile and antisocial behavior of Washington minors and increased respect for public law enforcement officers.
     (2) The task force shall consist of: (a) A representative of the office of superintendent of public instruction, who shall chair the task force; (b) two representatives of developers of violent video or computer games; (c) two representatives of businesses who sell or rent violent video or computer games; (d) a representative of a statewide organization whose membership includes parents and teachers; (e) a representative of a student organization with experience in violence awareness and reduction; (f) a representative of the prosecuting attorneys of the state; (g) two members of the public who have experience with issues and research associated with violent video games; and (h) a representative of the department of health. The superintendent shall appoint the members of the task force, except the secretary of health shall appoint the representative from the department.
     (3) The task force shall consider possible strategies and options designed to reduce access by minors to violent video and computer games that are for sale or rent by any person. The strategies shall include education for developers of the games, parents, persons, law enforcement, and educators. The task force shall review existing efforts by developers and persons to rate violent video and computer games and how those efforts may be improved.
     (4) The members of the task force shall serve without compensation and the office of superintendent of public instruction shall accomplish its duties under this section within existing resources. The task force and the office of superintendent of public instruction shall not accept funding for task force purposes from groups or persons with a financial interest in the development, production, sale, or rental of violent video or computer games.
     (5) The task force shall prepare and submit a report and recommendations to the governor and the legislature not later than December 31, 2004.
     (6) For purposes of this section, the terms "violent video and computer games" and "person" have the same meaning as defined in section 2 of this act.
     (7) This section expires December 31, 2004.