2013 -- S 0973 SUBSTITUTE A

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LC02616/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINAL OFFENSES - CHILDREN

     Introduced By: Senators P Fogarty, Nesselbush, Lynch, Goodwin, and Gallo

     Date Introduced: May 30, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-9-15 of the General Laws in Chapter 11-9 entitled "Children" is

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hereby amended to read as follows:

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     11-9-15. Tattooing of minors. – (a) Every person who shall tattoo any minor under the

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age of eighteen (18), except in accordance with subsection (b) for medical purposes, shall be

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guilty of a misdemeanor and, upon conviction, shall be imprisoned not exceeding one year or be

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fined not exceeding three hundred dollars ($300). For the purposes of this section, "tattooing"

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means the practice of marking the skin with indelible patterns or pictures by making punctures

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and inserting pigments. Nothing in this section shall be construed as prohibiting the removal of

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tattoo markings from the body of any person of whatsoever age.

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     (b) Every person who shall tattoo the body of a minor under the age of eighteen (18), for

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medical purposes, the following shall apply;

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     (1) The minor child shall be accompanied by his or her parent or legal guardian;

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     (2) The minor child and his or her parent or legal guardian shall each submit proof of his

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or her identity by producing a government-issued photo identification;

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     (3) The parent or legal guardian shall submit his or her written notarized consent in the

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format prescribed by the department;

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     (4) The parent or legal guardian shall submit proof that he or she is the parent or legal

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guardian of the minor child;

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     (5) The parent or legal guardian shall submit notarized consent by a physician licensed in

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accordance with chapter 5-37, authorizing the tattooing of a minor child for medical purposes;

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     (6) The tattooing is performed by a tattoo artist licensed in accordance with section 23-1-

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39; and

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     (7) The tattoo artist shall maintain all necessary records in a manner specified by the

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department.

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     (c) Every person who tattoos the body of a minor child younger than eighteen (18) years

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of age may not violate the provisions of this section, if:

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     (1) The person carefully inspects what appears to be a government-issued photo

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identification that represents that the minor child is eighteen (18) years of age or older.

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     (2) The minor child falsely represents himself or herself as being eighteen (18) years of

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age or older and presents a fraudulent identification.

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     (3) The person demonstrates clear and convincing standards in reviewing the authenticity

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of the documents, notarized consent and identification submitted in accordance with subsection b.

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     (d) Any person who violates the provisions of this chapter shall, upon a first conviction,

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be deemed guilty of a violation and fined not more than three hundred dollars ($300), and upon a

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second or subsequent conviction, shall be deemed guilty of a petty misdemeanor and fined not

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more than seven hundred fifty dollars ($750).

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     (e) The director of the department of health shall have the following powers and duties:

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     (1) To promulgate regulations relative to administering this section; and

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     (2) To create all necessary applications and certificates necessary to implement the

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provisions of this section.

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     (f) If any provision of this chapter or its application to any person or circumstances is

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held invalid, the invalidity shall not affect other provisions or applications of the chapter which

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can be given effect without the invalid provision or application, and to this end the provisions of

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this chapter are declared to be severable.

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     SECTION 2. This act shall take effect upon passage.

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LC02616/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES - CHILDREN

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     This act would provide that every person who tattoos any minor under the age of eighteen

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(18) for medical purposes has to comply with certain criteria before doing so. If any of the

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provisions set forth for tattooing the body of a minor under the age of eighteen (18) are violated,

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penalties and fines shall be imposed.

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     This act shall take effect upon passage.

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LC02616/SUB A

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