GamePolitics reports that a new legislation in the works by New York State Republican Rep. Brian Kolb adds a twist to the standard proposal prohibiting the sale of violent or sexually explicit games to minors:
In addition to blocking retailers from selling such games to minors, the bill, A02787 provides "the Courts" the power to confiscate any games which do not clearly display a rating label. The bill also requires retailers to make games available for review by parents prior to purchase.
Kolb's bill calls for fines of up to $1,000 as well as unspecified criminal penalties. If passed, the measure will take effect on November 1st.
I can see the ESA and ESRB actually liking this, it essentially pushes those rogue publishers who still put games out, and I don't think there are a lot of them, to go through the ratings process.