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Public Act 094-0684


 

Public Act 0684 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0684
 
HB0029 Enrolled LRB094 03674 RLC 33679 b

    AN ACT in relation to criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Sections 12-10 and 12-10.1 as follows:
 
    (720 ILCS 5/12-10)  (from Ch. 38, par. 12-10)
    Sec. 12-10. Tattooing Body of Minor.)
    (a) Any person, other than a person licensed to practice
medicine in all its branches, who tattoos or offers to tattoo a
person under the age of 18 21 is guilty of a Class A C
misdemeanor.
    (b) Any person who is an owner or employed by a business
that performs tattooing, other than a person licensed to
practice medicine in all its branches, may not permit a person
under 18 years of age to enter or remain on the premises where
tattooing is being performed unless the person under 18 years
of age is accompanied by his or her parent or legal guardian. A
violation of this subsection (b) is a Class A misdemeanor.
    (c) As used in this Section, to "tattoo" means to insert
pigment under the surface of the skin of a human being, by
pricking with a needle or otherwise, so as to produce an
indelible mark or figure visible through the skin.
    (d) Subsection (a) of this Section does not apply to a
person under 18 years of age who tattoos or offers to tattoo
another person under 18 years of age away from the premises of
any business at which tattooing is performed.
(Source: P.A. 77-2638.)
 
    (720 ILCS 5/12-10.1)
    Sec. 12-10.1. Piercing the body of a minor.
    (a)(1) Any person who pierces the body or oral cavity of a
    person under 18 years of age without written consent of a
    parent or legal guardian of that person commits the offense
    of piercing the body of a minor. Before the oral cavity of
    a person under 18 years of age may be pierced, the written
    consent form signed by the parent or legal guardian must
    contain a provision in substantially the following form:
        "I understand that the oral piercing of the tongue,
    lips, cheeks, or any other area of the oral cavity carries
    serious risk of infection or damage to the mouth and teeth,
    or both infection and damage to those areas, that could
    result but is not limited to nerve damage, numbness, and
    life threatening blood clots.".
        A person who pierces the oral cavity of a person under
    18 years of age without obtaining a signed written consent
    form from a parent or legal guardian of the person that
    includes the provision describing the health risks of body
    piercing, violates this Section.
        (1.5) Any person who is an owner or employed by a
    business that performs body piercing may not permit a
    person under 18 years of age to enter or remain on the
    premises where body piercing is being performed unless the
    person under 18 years of age is accompanied by his or her
    parent or legal guardian.         
        (2) Sentence. A violation of clause (a)(1) or (a)(1.5)
    of this Section Piercing the body of a minor is a Class A C
    misdemeanor.
    (b) Definition. As used in this Section, to "pierce" means
to make a hole in the body or oral cavity in order to insert or
allow the insertion of any ring, hoop, stud, or other object
for the purpose of ornamentation of the body. "Piercing" does
not include tongue splitting as defined in Section 12-10.2.
    (c) Exceptions. This Section may not be construed in any
way to prohibit any injection, incision, acupuncture, or
similar medical or dental procedure performed by a licensed
health care professional or other person authorized to perform
that procedure or the presence on the premises where that
procedure is being performed by a health care professional or
other person authorized to perform that procedure of a person
under 18 years of age who is not accompanied by a parent or
legal guardian. This Section does not prohibit ear piercing.
This Section does not apply to a minor emancipated under the
Juvenile Court Act of 1987 or the Emancipation of Mature Minors
Act or by marriage. This Section does not apply to a person
under 18 years of age who pierces the body or oral cavity of
another person under 18 years of age away from the premises of
any business at which body piercing or oral cavity piercing is
performed.
(Source: P.A. 92-692, eff. 1-1-03; 93-449, eff. 1-1-04; revised
10-9-03.)

Effective Date: 1/1/2006