2022 -- H 7359

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LC003800

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- CHILDREN

     Introduced By: Representatives Casimiro, Vella-Wilkinson, Kazarian, and Felix

     Date Introduced: February 04, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

hereby amended to read as follows:

     11-9-15. Tattooing of minors.

     (a) Every person who shall tattoo any minor under the age of eighteen (18), except in

accordance with subsection (b) for medical purposes, shall be guilty of a misdemeanor and, upon

conviction, shall be imprisoned not exceeding one year or be fined not exceeding three hundred

dollars ($300). For the purposes of this section, "tattooing" means the practice of marking the skin

with indelible patterns or pictures by making punctures and inserting pigments. Nothing in this

section shall be construed as prohibiting the removal of tattoo markings from the body of any person

of whatsoever age.

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

medical purposes, the following shall apply:

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

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

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

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

format prescribed by the department;

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

guardian of the minor child;

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

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

     (6) The tattooing is performed by a tattoo artist licensed in accordance with § 23-1-39; and

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

department.

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

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

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

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

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

or older and presents a fraudulent identification.

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

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

     (4) The minor child is sixteen (16) years of age or older, and is accompanied by his or her

parent or legal guardian and provides consent for the tattooing of the minor.

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

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

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

than five hundred dollars ($500).

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

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

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

provisions of this section.

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

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

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

chapter are declared to be severable.

     SECTION 2. This act shall take effect upon passage.

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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 allow a minor sixteen (16) years of age or older to receive a tattoo on his or

her body if they are accompanied by a parent or legal guardian who gives consent to the tattooing

of the minor.

     This act would take effect upon passage.

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