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04 LC 30 0701S/AP
House Bill 183 (AS PASSED HOUSE
AND SENATE)
By: Representative Borders of the 142nd
By: Representative Borders of the 142nd
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Chapter 12 of Title 16 of the Official Code of
Georgia Annotated, relating to offenses against public health and morals, so as
to expand the exception to the misdemeanor of tattooing near the eye when
performed by an osteopath or a person under the general supervision of a
licensed physician or osteopath who is within a certain location at the time of
the procedure; to establish a misdemeanor offense of a high and aggravated
nature for subsequent violations; to provide for related matters; to provide an
effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 12 of Title 16 of the Official Code of Georgia
Annotated, relating to offenses against public health and morals, is amended by
striking Code Section 16-12-5, relating to tattooing any person near his or her
eye, in its entirety and inserting in its place the
following:
"16-12-5.
(a) As used in this Code section, the term 'tattoo' means to mark or color the skin of any person by pricking in, inserting, or implanting pigments, except
when performed by a physician licensed as such pursuant to Chapter 34 of Title
43.
(b) It shall be unlawful for any person, except a physician or osteopath licensed under Chapter 34 of Title 43 or a person acting under the general supervision of such licensed physician or osteopath who is located within the facility or an adjacent facility where the procedure is being performed at the time the procedure is being performed, to tattoo the body of any person within any area within one inch of the nearest part of the eye socket of such person. Any person who violates this Code section shall be guilty of a misdemeanor for a first offense and shall, upon a subsequent violation, be guilty of a misdemeanor of a high and aggravated nature."
SECTION 2.
"16-12-5.
(a) As used in this Code section, the term 'tattoo' means to mark or color the skin of any person by pricking in, inserting, or implanting pigments
(b) It shall be unlawful for any person, except a physician or osteopath licensed under Chapter 34 of Title 43 or a person acting under the general supervision of such licensed physician or osteopath who is located within the facility or an adjacent facility where the procedure is being performed at the time the procedure is being performed, to tattoo the body of any person within any area within one inch of the nearest part of the eye socket of such person. Any person who violates this Code section shall be guilty of a misdemeanor for a first offense and shall, upon a subsequent violation, be guilty of a misdemeanor of a high and aggravated nature."
SECTION 2.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.