093_HB3086eng

 
HB3086 Engrossed                     LRB093 02203 DRJ 08161 b

 1        AN ACT in relation to criminal law.

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

 4        Section 5. The  Criminal  Code  of  1961  is  amended  by
 5    changing  Section  12-10.1  and  adding  Section  12-10.2  as
 6    follows:

 7        (720 ILCS 5/12-10.1)
 8        Sec. 12-10.1.  Piercing the body of a minor.
 9        (a)(1)  Any person who pierces the body or oral cavity of
10        a person under 18 years of age without written consent of
11        a  parent  or  legal  guardian of that person commits the
12        offense of piercing the body of a minor. Before the  oral
13        cavity  of a person under 18 years of age may be pierced,
14        the written consent form signed by the  parent  or  legal
15        guardian  must  contain  a provision in substantially the
16        following form:
17             "I understand that the oral piercing of the  tongue,
18        lips,  cheeks,  or  any  other  area  of  the oral cavity
19        carries serious risk of infection or damage to the  mouth
20        and  teeth,  or both infection and damage to those areas,
21        that could result but is not  limited  to  nerve  damage,
22        numbness, and life threatening blood clots.".
23             A  person  who  pierces  the oral cavity of a person
24        under 18 years of age without obtaining a signed  written
25        consent  form  from  a  parent  or  legal guardian of the
26        person that includes the provision describing the  health
27        risks of body piercing, violates this Section.
28             (2)  Sentence.   Piercing  the  body of a minor is a
29        Class C misdemeanor.
30        (b)  Definition.  As used in this  Section,  to  "pierce"
31    means  to  make a hole in the body or oral cavity in order to
 
HB3086 Engrossed            -2-      LRB093 02203 DRJ 08161 b
 1    insert or allow the insertion of any  ring,  hoop,  stud,  or
 2    other  object  for  the purpose of ornamentation of the body.
 3    "Piercing" does not include tongue splitting  as  defined  in
 4    Section 12-10.2.
 5        (c)  Exceptions.   This  Section  may not be construed in
 6    any way to prohibit any injection, incision, acupuncture,  or
 7    similar  medical  or dental procedure performed by a licensed
 8    health  care  professional  or  other  person  authorized  to
 9    perform that procedure. This Section does  not  prohibit  ear
10    piercing.  This Section does not apply to a minor emancipated
11    under the Juvenile Court Act of 1987 or the  Emancipation  of
12    Mature Minors Act or by marriage.
13    (Source: P.A. 91-412, eff. 9-5-99; 92-692, eff. 1-1-03.)

14        (720 ILCS 5/12-10.2 new)
15        Sec. 12-10.2.  Tongue splitting.
16        (a)  In   this  Section,  "tongue  splitting"  means  the
17    cutting of a human tongue into 2 or more parts.
18        (b)  A person may not perform tongue splitting on another
19    person unless the person performing the tongue  splitting  is
20    licensed  to  practice medicine in all its branches under the
21    Medical Practice Act of 1987 or licensed under  the  Illinois
22    Dental Practice Act.
23        (c)  A  physician  or dentist authorized under subsection
24    (b) to perform tongue splitting may perform tongue  splitting
25    on  an  individual only if there is a therapeutic or clinical
26    basis for performing the procedure on that individual.
27        (d)  Sentence. Tongue splitting performed in violation of
28    this Section is a Class A misdemeanor for a first offense and
29    a Class 4 felony for a second or subsequent offense.