Public Act 098-0936
 
HB5858 EnrolledLRB098 18887 RLC 54033 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by changing
Section 12C-35 as follows:
 
    (720 ILCS 5/12C-35)  (was 720 ILCS 5/12-10)
    Sec. 12C-35. Tattooing the body of a minor.
    (a) A person, other than a person licensed to practice
medicine in all its branches, commits tattooing the body of a
minor when he or she knowingly or recklessly tattoos or offers
to tattoo a person under the age of 18.
    (b) A person who is an owner or employee of 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.
    (c) "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.
    (d-5) Subsections (a) and (b) of this Section do not apply
to the removal of a tattoo from a person under 18 years of age,
who is a victim of a violation of Section 10-9 of this Code or
who is or has been a streetgang member as defined in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention Act, if
the removal of the tattoo is performed in an establishment or
multi-type establishment which has received a certificate of
registration from the Department of Public Health or its agent
under the Tattoo and Body Piercing Establishment Registration
Act and the removal of the tattoo is performed by the operator
or an authorized employee of the operator of the establishment
or multi-type establishment. For the purposes of this
subsection (d-5), "tattoo" also means the indelible mark or
figure visible through the skin created by tattooing.
    (e) Sentence. A violation of this Section is a Class A
misdemeanor.
(Source: P.A. 97-1109, eff. 1-1-13.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.