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Senate Bill S2624

2009-2010 Legislative Session

Makes piercing the body of a child under the age of eighteen years an unlawful body marking

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S2624 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §260.21, add §120.65, Pen L

2009-S2624 (ACTIVE) - Summary

Makes piercing or branding the body of a child under the age of eighteen years by means of body piercing or branding instruments the class B misdemeanor of unlawfully dealing with a child in the second degree unless such child has written parental permission; makes the tattooing, branding or piercing of the body of a person who is intoxicated or under the influence of drugs the class B misdemeanor of unlawful body marking.

2009-S2624 (ACTIVE) - Sponsor Memo

2009-S2624 (ACTIVE) - Bill Text download pdf 

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

                                  2624

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 25, 2009
                               ___________

Introduced  by  Sens.  PADAVAN,  DeFRANCISCO, LARKIN, MORAHAN, VOLKER --
  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 piercing and branding
  of the body of a child under the age  of  eighteen  years  and  making
  unlawful body marking a class B misdemeanor

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

  Section 1. Section 260.21 of the penal law is amended by adding a  new
subdivision 4 to read as follows:
  4.  HE  OR  SHE PIERCES OR BRANDS THE BODY OF A CHILD UNDER THE AGE OF
EIGHTEEN YEARS BY MEANS OF BODY PIERCING OR BODY  BRANDING  INSTRUMENTS;
PROVIDED,  HOWEVER,  THAT SUCH PIERCING OR BRANDING SHALL NOT CONSTITUTE
UNLAWFULLY DEALING WITH A CHILD IN THE SECOND DEGREE IF SUCH PIERCING OR
BRANDING IS ADMINISTERED WITH THE  WRITTEN  NOTARIZED  CONSENT  OF  SUCH
CHILD'S  LEGAL GUARDIAN, PARENT OR PARENTS AND IS FILED IN PERSON AT THE
PLACE OF BUSINESS PERFORMING SUCH PIERCING, OR SUCH PIERCING OR BRANDING
IS ADMINISTERED AS PART OF A RELIGIOUS CEREMONY OR  OBSERVANCE  OR  SUCH
PIERCING  OR BRANDING IS ADMINISTERED TO A CHILD WHO IS EMANCIPATED FROM
HIS OR HER PARENTS.  THIS SUBDIVISION SHALL NOT  APPLY  TO  PIERCING  OF
EARS.
  S  2.  The penal law is amended by adding a new section 120.65 to read
as follows:
S 120.65 UNLAWFUL BODY MARKING.
  A PERSON IS GUILTY OF UNLAWFUL  BODY  MARKING  WHEN,  KNOWING  THAT  A
PERSON  IS  INTOXICATED  OR  UNDER  THE  INFLUENCE  OF  DRUGS, HE OR SHE
TATTOOS, BRANDS OR PIERCES THE BODY OF SUCH PERSON BY MEANS  OF  A  BODY
TATTOOING, BODY BRANDING OR BODY PIERCING INSTRUMENT.
  UNLAWFUL BODY MARKING 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01995-01-9

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