2005 Senate Bill 416 / Public Act 108

Ban distribution of video games to minors

Introduced in the Senate

April 21, 2005

Introduced by Sen. Alan L. Cropsey (R-33)

To prohibit selling or renting certain “Ultra-violent explicit” video games to minors under 17 years of age, subject to penalties of up to 93 days in jail and a $25,000 fine. The bill also regulates retail displays of such games. Retailers who disseminate or display matter in compliance with a rating system would enjoy certain immunities from prosecution.

Referred to the Committee on Judiciary

May 11, 2005

Reported without amendment

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

Substitute offered

To replace the previous version of the bill with one that adds more precise definitions; provides that a retailer acting in good faith would be an affirmative defense to a prosecution; and lists legislative findings and compelling State interests. These changes were made to address concerns that the bill would be found by courts to be a violation of First Amendment protections of the right to free speech. The substitute contains provisions relating to the distribution of video games over the Internet.

The substitute passed by voice vote

May 12, 2005

Amendment offered by Sen. Alan L. Cropsey (R-33)

To clarify technical provisions relating to the distribution of video games over the Internet.

The amendment passed by voice vote

Passed in the Senate 35 to 2 (details)

Received in the House

May 17, 2005

Referred to the Committee on Judiciary

Aug. 24, 2005

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Aug. 31, 2005

Substitute offered

To replace the previous version of the bill with one that incorporates various changes resulting from committee testimony and deliberation. This version was subsequently superceded by the Nofs substitute with more changes.

The substitute failed by voice vote

Substitute offered by Rep. Mike Nofs (R-62)

To replace the previous version of the bill with one that incorporates the affirmative defense provisions contained in Senate Bill 464 for retailers who unintentionally violate the proposed ban; add additional retail sale violation exemptions; deletes "legislative findings" regarding the impact on children of exposure to "ultra-violent explicit matter;" removes provisions related to sexually explicit video games, as opposed to "ultra-violent" ones (this is now in Senate Bill 463); and changes the criminal penalties to a civil infraction for knowingly disseminating an ultra-violent explicit video game harmful to children.

The substitute passed by voice vote

Passed in the House 104 to 3 (details)

To prohibit selling or renting certain “ultra-violent explicit” video games to minors under 17 years of age, subject to penalties of up to 93 days in jail and a $25,000 fine. The bill also regulates retail displays of such games. Retailers who disseminate or display matter in compliance with a rating system would enjoy certain immunities from prosecution.

Received in the Senate

Sept. 6, 2005

Sept. 7, 2005

Amendment offered by Sen. Alan L. Cropsey (R-33)

To clarify a technical provision in the bill so the language of the amended law is internally consistent.

The amendment passed by voice vote

Amendment offered by Sen. Alan L. Cropsey (R-33)

To establish that if passed the bill will go into effect on Dec. 1, 2005.

The amendment passed by voice vote

Passed in the Senate 35 to 2 (details)

To concur with the House-passed version of the bill.

Received in the House

Sept. 7, 2005

Sept. 8, 2005

Passed in the House 101 to 5 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Jennifer Granholm

Sept. 14, 2005