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.