HB4211 Engrossed

LRB093 13263 RLC 40704 b






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    AN ACT in relation to criminal law. 

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section  5. The Criminal Code of 1961 is amended by changing

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Sections 12-10 and 12-10.1 as follows:


 
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    (720 ILCS 5/12-10)  (from Ch. 38, par. 12-10)

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    Sec. 12-10. Tattooing Body of Minor.)


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    (a) Any person, other than a person
licensed
to practice 
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medicine in all its branches, who tattoos or offers to tattoo
a 
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person under the age of 18
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C

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misdemeanor.


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    (b) Any person who is an owner or employed by a business 
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that performs
tattooing, other than a
person licensed to 
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practice medicine in all
its branches,
may not permit a person 
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under 18 years of age to enter or remain on the
premises where

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tattooing
is being performed unless the person under 18 years 
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of age is accompanied by
his or her
parent or legal guardian.  A 
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violation of this subsection (b) is a Class A   misdemeanor.


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    (c) As used in this Section, to "tattoo" means to insert 
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pigment under
the
surface of the skin of a human being, by 
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pricking with a needle or otherwise,
so as to produce an 
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indelible mark or figure visible through the skin.


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    (d) Subsection (a) of  this Section does not apply to a 
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person under 18 years of age who tattoos or offers to tattoo 
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another person under 18 years of age away from the premises of 
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any business at which tattooing is performed.
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(Source: P.A. 77-2638.)

 



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    (720 ILCS 5/12-10.1)


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    Sec. 12-10.1. Piercing the body of a minor. 


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    (a)(1) Any person who pierces the body or oral cavity of a 
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person under 18
years of age without written consent of a 
 


 






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parent or legal guardian of that
person commits the offense 
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of piercing the body of a minor.  Before the oral
cavity of 
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a person under 18 years of age may be pierced, the written 
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consent
form signed by the parent or legal guardian must 
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contain a provision in
substantially the following form:


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        "I understand that the oral piercing of the tongue, 
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lips, cheeks, or
any other area of the oral cavity carries 
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serious risk of infection or damage
to the mouth and teeth, 
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or both infection and damage to those areas,
that could 
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result but is not limited to nerve damage, numbness, and 
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life
threatening blood clots.".


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        A person who pierces the oral cavity of a person under 
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18 years of age
without obtaining a signed written consent 
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form from a parent or legal guardian
of the person that 
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includes the provision describing the health risks of body

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piercing, violates this Section.

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        (1.5) Any person who is an owner or employed by a 
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business that performs
body
piercing may not permit a 
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person under 18 years of age to enter or remain on
the

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premises where body piercing is being performed unless the 
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person under 18
years of age
is accompanied by his or her 
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parent or legal guardian.
        
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        (2) Sentence. A violation of clause (a)(1) or (a)(1.5) 
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of this
Section
Piercing the body of a minor is a Class A
C

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misdemeanor.

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    (b) Definition.  As used in this Section, to "pierce" means 
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to make a hole
in the body or oral cavity in order to insert or 
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allow the insertion of any
ring, hoop, stud, or other object 
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for the purpose of ornamentation of the
body.  "Piercing" does 
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not include tongue splitting as defined in Section
12-10.2.

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    (c) Exceptions.  This Section may not be construed in any 
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way to prohibit
any injection, incision, acupuncture, or 
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similar medical or dental procedure
performed by a licensed 
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health care professional or other person authorized to
perform 
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that procedure or the presence on the premises where that 
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procedure is being performed by a
health care professional or 
 


 






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other person authorized to perform that procedure
of
a person

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under 18 years of age who is not accompanied by a parent or 
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legal guardian.  This Section does not prohibit ear piercing.  
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This
Section does not apply to a minor emancipated under the 
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Juvenile Court Act of
1987 or the Emancipation of Mature Minors 
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Act or by marriage. This Section does not apply to a person 
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under 18 years of age who pierces the body or oral cavity of 
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another person under 18 years of age away from the premises of 
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any business at which body piercing or oral cavity piercing is 
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performed.

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(Source: P.A. 92-692, eff. 1-1-03; 93-449, eff. 1-1-04; revised 
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10-9-03.)