NY State Senate Bill 2013-S7364

Senate Bill S7364

2013-2014 Legislative Session

Adds to the class B misdemeanor of unlawfully dealing with a child in the second degree, the provision of material for tattooing, piercing, branding, scarifying or subdermal implanting of a person under 18

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2014	referred to codes

2013-S7364 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §260.19, amd §260.21, Pen L

2013-S7364 (ACTIVE) - Summary

Adds to the class B misdemeanor of unlawfully dealing with a child in the second degree, the provision of material or paraphenalia for tatooing, piercing, branding, scarifying or subdermal implanting to a child under 18 years of age.

2013-S7364 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7364

TITLE OF BILL:  An act to amend the penal law, in relation to the sale
of materials or paraphernalia for branding, piercing, scarifying,
subdermal implanting or tattooing of a child

PURPOSE:

Adds to the class B misdemeanor of unlawfully dealing with a child in
the second degree, the provision of material for tattooing, piercing,
branding, scarifying or subdermal implanting of a person under 18.

SUMMARY OF PROVISIONS:

Section 1. Amends the Penal law by adding a new article 260.19 to define
the terms: branding, piercing, scarifying, subdermal implanting and
tattooing in relation to unlawfully dealing with a child.

Section 2 amends Penal law 260.21 to include that it is illegal for a
person to sell, provide, give or cause to be delivered in this state any
material or paraphernalia for branding, piercing, scarifying, subdermal
implanting or tattooing to a child less than 18 years of age.

Section 3 states this act shall take effect on the first of November
next succeeding the date on which it shall have become law.

JUSTIFICATION:

In New York State, minors are not allowed to get a tattoo even with
parental permission. However, there is no law that disallows minors from
purchasing the equipment to give themselves or their friends a tattoo.
Tattooing can be a very dangerous activity if not done properly. Indi-
viduals can receive life threatening infections or disease if the
instruments are not properly sanitized or if the tattoo is not done in a
sanitary environment. Tattoos should only be done by a trained profes-
sional. This legislation would illegalize the selling of tattoo instru-
ments and equipment to minors.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the first of November of the next succeed-
ing date on which it shall have become a law.

2013-S7364 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7364

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to the sale of  materials  or
  paraphernalia for branding, piercing, scarifying, subdermal implanting
  or tattooing of a child

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 260.19  to
read as follows:
S 260.19 UNLAWFULLY DEALING WITH A CHILD; DEFINITIONS.
  FOR  THE  PURPOSES OF SUBDIVISION FOUR OF SECTION 260.21 OF THIS ARTI-
CLE, THE FOLLOWING DEFINITIONS SHALL APPLY:
  1. "BRANDING" MEANS THE USE OF HEAT, COLD OR ANY CHEMICAL COMPOUND  TO
IMPRINT PERMANENT MARKING ON A PERSON'S SKIN.
  2.  "PIERCING"  MEANS  THE  PIERCING  OF  ANY PART OF A PERSON'S BODY,
EXCEPT THE EAR.
  3. "SCARIFYING" MEANS THE CUTTING, TEARING OR ABRADING OF  A  PERSON'S
SKIN FOR THE PURPOSE OF CREATING A PERMANENT MARK OR DESIGN ON THE SKIN.
  4.  "SUBDERMAL  IMPLANTING"  MEANS  THE  INSERTION OF A FOREIGN OBJECT
BENEATH A PERSON'S SKIN FOR THE PURPOSES OF DECORATING THE BODY.
  5. "TATTOOING" MEANS TO MARK THE SKIN OF  A  PERSON  BY  INSERTION  OF
INDELIBLE INK OR PIGMENTS BENEATH THE SKIN.
  S  2.  Section 260.21 of the penal law, as added by chapter 362 of the
laws of 1992, the opening paragraph of subdivision 1 as amended by chap-
ter 478 of the laws of 1996, is amended to read as follows:
S 260.21 Unlawfully dealing with a child in the second degree.
  A person is guilty of unlawfully dealing with a child  in  the  second
degree when:
  1.  Being an owner, lessee, manager or employee of a place where alco-
holic beverages are sold or given away, he OR SHE permits a  child  less
than sixteen years old to enter or remain in such place unless:
  (a)  The  child  is  accompanied  by his OR HER parent, guardian or an
adult authorized by a parent or guardian; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14667-01-4

S. 7364                             2

  (b) The entertainment or activity is being conducted for  the  benefit
or  under  the  auspices  of a non-profit school, church or other educa-
tional or religious institution; or
  (c) Otherwise permitted by law to do so; or
  (d)  The  establishment is closed to the public for a specified period
of time to conduct an activity or entertainment, during which the  child
is  in  or remains in such establishment, and no alcoholic beverages are
sold, served, given away or consumed at such establishment  during  such
period.  The  state liquor authority shall be notified in writing by the
licensee of such establishment, of the intended closing of  such  estab-
lishment,  to  conduct any such activity or entertainment, not less than
ten days prior to any such closing; or
  2. He OR SHE marks the body of a child less than  eighteen  years  old
with indelible ink or pigments by means of tattooing; or
  3. He OR SHE sells or causes to be sold tobacco in any form to a child
less than eighteen years old[.]; OR
  4. HE OR SHE SELLS, CAUSES TO BE SOLD, PROVIDES, GIVES OR CAUSES TO BE
DELIVERED  IN  THIS  STATE  ANY  MATERIAL OR PARAPHERNALIA FOR BRANDING,
PIERCING, SCARIFYING, SUBDERMAL IMPLANTING OR TATTOOING TO A CHILD  LESS
THAN EIGHTEEN YEARS OF AGE.
  It  is  no  defense  to a prosecution pursuant to subdivision three of
this section that the child acted as  the  agent  or  representative  of
another person or that the defendant dealt with the child as such.
  Unlawfully  dealing  with  a  child  in the second degree is a class B
misdemeanor.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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