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2013 -- S 0973 | |
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LC02616 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO CRIMINAL OFFENSES - CHILDREN | |
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Introduced By: Senators P Fogarty, Nesselbush, Lynch, Goodwin, and Gallo | |
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Date Introduced: May 30, 2013 | |
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Referred To: Senate Judiciary | |
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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), shall be guilty of a misdemeanor |
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and, upon conviction, shall be imprisoned not exceeding one year or be fined not exceeding three |
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hundred dollars ($300). For the purposes of this section, "tattooing" means the practice of |
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marking the skin with indelible patterns or pictures by making punctures and inserting pigments. |
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Nothing in this section shall be construed as prohibiting the removal of tattoo markings from the |
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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 tattooing is performed by a tattoo artist licensed in accordance with section 23-1- |
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39; and |
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(6) 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 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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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 | |
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