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Public Act 094-0684
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| HB0029 Enrolled |
LRB094 03674 RLC 33679 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, |
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 |
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
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misdemeanor.
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(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
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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.
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(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.
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(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.)
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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 |
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 |
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:
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"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.".
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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
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piercing, violates this Section.
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(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
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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.
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(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
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misdemeanor.
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(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.
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(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 |
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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 |
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.
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(Source: P.A. 92-692, eff. 1-1-03; 93-449, eff. 1-1-04; revised |
10-9-03.)
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