BILL NUMBER:S2327

TITLE OF BILL:

An act
to amend the general business law, in relation to requiring epilepsy
warnings on video games

PURPOSE:

To require epilepsy warnings on video games.

SUMMARY OF PROVISIONS:

This bill (the "Bill") amends the General Business Law by adding a new
Section thereto to require the following epilepsy warning, or a
similar statement which adequately describes the potential risk of
suffering a seizure or experiencing seizure-like symptoms during or
after the playing or watching of a video game, be displayed in a
prominent or conspicuous location wherever such video games are sold
or rented.

                   EPILEPSY WARNING
Real before using your video game system.
Medical research indicates a small percentage of the population may
experience epileptic seizures or seizure-like symptoms when exposed
              

to certain stimuli, including, without limitation, light patterns,
flashing lights or certain patterns of background on a television
screen or video monitor. Exposure to these stimuli while playing
video games may induce an epileptic seizure or seizure-like symptoms
in these individuals. Certain conditions may induce undetected
epileptic symptoms even in persons who have no prior history of
seizures or epilepsy. If you experience any of the following symptoms
while playing a video game - dizziness, altered vision, eye or muscle
twitches, loss of awareness, disorientation, and involuntary movement
or convulsions - IMMEDIATELY discontinue use and consult your
physician before play.

The Bill defines the term "video game" as any video game system, video
game cartridge, video game compact disc. video game digital versatile
disc or digital video disc. video game component. video game
accessory or video game controller of any variety.

Under the Bill, any person who sells or rents a video game in
violation thereof shall be subject to a civil penalty of $50.00 for
each occurrence.

JUSTIFICATION:

Epilepsy (sometimes called seizure disorder) is a chronic medical
condition produced by temporary changes in the electrical function of
the brain, causing seizures which affect awareness, movement or
sensation. Most seizures occur without warning.

There are various types of epilepsy, including Photosensitivity
Epilepsy. Photosensitivity Epilepsy is an uncommon condition in which


visual stimuli, such as flashing or flickering lights (usually of
high intensity and/or certain patterns, such as stripes) trigger
epileptic seizures.
Photosensitivity Epilepsy is one of a group of "reflex" epilepsies, so
called because of the seizure is a direct response to a stimulus.

Around 1 in every 130 people is diagnosed as having epilepsy, whereas
only 1 in every 10,000 have Photosensitivity Epilepsy. Among people
with epilepsy, only an estimated 3-5% have seizures triggered by
lights or patterns. Photosensitivity Epilepsy most commonly affects
children.

This Bill would require that a warning be placed upon every video game
warning people of the dangers of Photosensitivity Epilepsy.

LEGISLATIVE HISTORY:

2009-10 S.3031/A.4004; 2007-08 S.3209/A.6043; 2005-06 S.1635/A.3164;
2003-04 S.1833A/A.4202A; 2002 S.6692A/A.10635A

EFFECTIVE DATE:

This act shall take effect on the one year after it shall have become
a law.