98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4097
 
Introduced , by Rep. Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:



  
720 ILCS 5/12C-40 was 720 ILCS 5/12-10.1

 Amends the Criminal Code of 2012. Makes a technical change in a Section concerning piercing the body of a minor.



LRB098 15655 RLC 50686 b


 
 
A BILL FOR
 


HB4097LRB098 15655 RLC 50686 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Section 12C-40 as follows:




6 (720 ILCS 5/12C-40)
 (was 720 ILCS 5/12-10.1)

7 Sec. 12C-40. Piercing the body of a minor. 


8 (a)(1) A person commits piercing the the body of a minor 
9when he or she knowingly or recklessly pierces the body of a 
10person under 18
years of age without written consent of a 
11parent or legal guardian of that
person. Before the oral
cavity 
12of a person under 18 years of age may be pierced, the written 
13consent
form signed by the parent or legal guardian must 
14contain a provision in
substantially the following form:


15 "I understand that the oral piercing of the tongue, lips, 
16cheeks, or
any other area of the oral cavity carries serious 
17risk of infection or damage
to the mouth and teeth, or both 
18infection and damage to those areas,
that could result but is 
19not limited to nerve damage, numbness, and life
threatening 
20blood clots.".


21 A person who pierces the oral cavity of a person under 18 
22years of age
without obtaining a signed written consent form 
23from a parent or legal guardian
of the person that includes the 
 
 
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1provision describing the health risks of body
piercing, 
2violates this Section.

3 (2) A person who is an owner or employed by a business that 
4performs
body
piercing may not permit a person under 18 years 
5of age to enter or remain on
the
premises where body piercing 
6is being performed unless the person under 18
years of age
is 
7accompanied by his or her parent or legal guardian.


8 (b) "Pierce" means to make a hole
in the body in order to 
9insert or allow the insertion of any
ring, hoop, stud, or other 
10object for the purpose of ornamentation of the
body. "Piercing" 
11does not include tongue splitting as defined in Section

1212-10.2. The term "body" includes the oral cavity. 

13 (c) Exceptions. This Section may not be construed in any 
14way to prohibit
any injection, incision, acupuncture, or 
15similar medical or dental procedure
performed by a licensed 
16health care professional or other person authorized to
perform 
17that procedure or the presence on the premises where that 
18procedure is being performed by a
health care professional or 
19other person authorized to perform that procedure
of
a person

20under 18 years of age who is not accompanied by a parent or 
21legal guardian. This Section does not prohibit ear piercing. 
22This
Section does not apply to a minor emancipated under the 
23Juvenile Court Act of
1987 or the Emancipation of Minors Act or 
24by marriage. This Section does not apply to a person under 18 
25years of age who pierces the body or oral cavity of another 
26person under 18 years of age away from the premises of any 
 
 
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1business at which body piercing or oral cavity piercing is 
2performed.

3 (d) Sentence. A violation of this Section is a Class A 
4misdemeanor. 
5(Source: P.A. 97-1109, eff. 1-1-13.)