93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4211


 
Introduced 1/26/2004, by Jerry L. Mitchell
 
SYNOPSIS AS INTRODUCED:
 		














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



720 ILCS 5/12-10.1










    Amends the Criminal Code of 1961. Provides that it is unlawful for a person,
other than a person licensed to practice medicine in all its branches, to
tattoo or offer to
tattoo a person under 18 (rather than 21) years of age. Provides that the
penalty for
unlawfully tattooing or piercing the body of a person under 18 years of age
is a Class 4
felony (rather than a Class C misdemeanor). Provides that it is a Class 4
felony for an owner or employee of those businesses to permit
a person under 18 years of age to enter or remain on the premises where
tattooing or
body
piercing is being performed unless the person under 18 years of age is
accompanied by
his or her parent or legal guardian.



















LRB093 13263 RLC 40704 b




















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 














HB4211

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
21 is guilty of a Class 4 felony
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 4
felony.


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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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(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 
 


 









HB4211
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LRB093 13263 RLC 40704 b







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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 4 
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    felony
C 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 
 


 









HB4211
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LRB093 13263 RLC 40704 b







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Juvenile Court Act of
1987 or the Emancipation of Mature Minors 
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Act or by marriage.

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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.)