Bill Text: IL HB6195 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Criminal Code of 1961. Increases by one class the penalties for solicitation of a sexual act, soliciting for a prostitute, soliciting for a juvenile prostitute, patronizing a prostitute, patronizing a juvenile prostitute, and pimping.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2010-06-27 - Rule 19(b) / Re-referred to Rules Committee [HB6195 Detail]

Download: Illinois-2009-HB6195-Engrossed.html

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HB6195 Engrossed LRB096 19311 RLC 34702 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Sections 11-14.1, 11-15, 11-15.1, 11-18, 11-18.1, and 11-19 and
by adding Section 11-19.3 as follows:
(720 ILCS 5/11-14.1)
Sec. 11-14.1. Solicitation of a sexual act.
(a) Any person who offers a person not his or her spouse
any money, property, token, object, or article or anything of
value to perform any act of sexual penetration as defined in
Section 12-12 of this Code, or any touching or fondling of the
sex organs of one person by another person for the purpose of
sexual arousal or gratification, commits the offense of
solicitation of a sexual act.
(b) Sentence. Solicitation of a sexual act is a Class A B
misdemeanor.
(Source: P.A. 91-696, eff. 4-13-00.)
(720 ILCS 5/11-15) (from Ch. 38, par. 11-15)
Sec. 11-15. Soliciting for a prostitute.
(a) Any person who performs any of the following acts
commits soliciting for a prostitute:

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(1) Solicits another for the purpose of prostitution;
or
(2) Arranges or offers to arrange a meeting of persons
for the purpose of prostitution; or
(3) Directs another to a place knowing such direction
is for the purpose of prostitution.
(b) Sentence. Soliciting for a prostitute is a Class 4
felony A misdemeanor. A person convicted of a second or
subsequent violation of this Section, or of any combination of
such number of convictions under this Section and Sections
11-14, 11-17, 11-18, 11-18.1 and 11-19 of this Code is guilty
of a Class 3 4 felony. When a person has one or more prior
convictions, the information or indictment charging that
person shall state such prior conviction so as to give notice
of the State's intention to treat the charge as a felony. The
fact of such prior conviction is not an element of the offense
and may not be disclosed to the jury during trial unless
otherwise permitted by issues properly raised during such
trial.
(b-5) A person who violates this Section within 1,000 feet
of real property comprising a school commits a Class 3 4
felony.
(c) (Blank). A peace officer who arrests a person for a
violation of this Section may impound any vehicle used by the
person in the commission of the offense. The person may recover
the vehicle from the impound after a minimum of 2 hours after

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arrest upon payment of a fee of $200. The fee shall be
distributed to the unit of government whose peace officers made
the arrest for a violation of this Section. This $200 fee
includes the costs incurred by the unit of government to tow
the vehicle to the impound. Upon the presentation of a signed
court order by the defendant whose vehicle was impounded
showing that the defendant has been acquitted of the offense of
soliciting for a prostitute or that the charges have been
dismissed against the defendant for that offense, the
municipality shall refund the $200 fee to the defendant.
(d) This Section does not apply to any person who could be
otherwise subject to the provisions of Section 11-14 of this
Code.
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 92-16,
eff. 6-28-01.)
(720 ILCS 5/11-15.1) (from Ch. 38, par. 11-15.1)
Sec. 11-15.1. Soliciting for a Juvenile Prostitute.
(a) Any person who violates any of the provisions of
Section 11-15(a) of this Act commits soliciting for a juvenile
prostitute where the prostitute for whom such person is
soliciting is under 17 years of age or is a severely or
profoundly mentally retarded person.
(b) It is an affirmative defense to a charge of soliciting
for a juvenile prostitute that the accused reasonably believed
the person was of the age of 17 years or over or was not a

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severely or profoundly mentally retarded person at the time of
the act giving rise to the charge.
(c) Sentence.
Soliciting for a juvenile prostitute is a Class X 1 felony.
(d) This Section does not apply to any person who could be
otherwise subject to the provisions of Section 11-14 of this
Code.
(Source: P.A. 95-95, eff. 1-1-08.)
(720 ILCS 5/11-18) (from Ch. 38, par. 11-18)
Sec. 11-18. Patronizing a prostitute.
(a) Any person who performs any of the following acts with
a person not his or her spouse commits the offense of
patronizing a prostitute:
(1) Engages in an act of sexual penetration as defined
in Section 12-12 of this Code with a prostitute; or
(2) Enters or remains in a place of prostitution with
intent to engage in an act of sexual penetration as defined
in Section 12-12 of this Code.
(b) Sentence.
Patronizing a prostitute is a Class 4 felony A misdemeanor.
A person convicted of a second or subsequent violation of this
Section, or of any combination of such number of convictions
under this Section and Sections 11-14, 11-15, 11-17, 11-18.1
and 11-19 of this Code, is guilty of a Class 3 4 felony. When a
person has one or more prior convictions, the information or

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indictment charging that person shall state such prior
convictions so as to give notice of the State's intention to
treat the charge as a felony. The fact of such conviction is
not an element of the offense and may not be disclosed to the
jury during trial unless otherwise permitted by issues properly
raised during such trial.
(c) A person who violates this Section within 1,000 feet of
real property comprising a school commits a Class 3 4 felony.
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 92-16,
eff. 6-28-01.)
(720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1)
Sec. 11-18.1. Patronizing a juvenile prostitute. (a) Any
person who engages in an act of sexual penetration as defined
in Section 12-12 of this Code with a prostitute under 17 years
of age commits the offense of patronizing a juvenile
prostitute.
(b) It is an affirmative defense to the charge of
patronizing a juvenile prostitute that the accused reasonably
believed that the person was of the age of 17 years or over at
the time of the act giving rise to the charge.
(c) Sentence. A person who commits patronizing a juvenile
prostitute is guilty of a Class 3 4 felony.
(Source: P.A. 85-1447.)
(720 ILCS 5/11-19) (from Ch. 38, par. 11-19)

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Sec. 11-19. Pimping.
(a) Any person who receives any money, property, token,
object, or article or anything of value from a prostitute, not
for a lawful consideration, knowing it was earned in whole or
in part from the practice of prostitution, commits pimping.
(b) Sentence.
Pimping is a Class 4 felony A misdemeanor. A person
convicted of a second or subsequent violation of this Section,
or of any combination of such number of convictions under this
Section and Sections 11-14, 11-15, 11-17, 11-18 and 11-18.1 of
this Code is guilty of a Class 3 4 felony. When a person has one
or more prior convictions, the information or indictment
charging that person shall state such prior conviction so as to
give notice of the State's intention to treat the charge as a
felony. The fact of such conviction is not an element of the
offense and may not be disclosed to the jury during trial
unless otherwise permitted by issues properly raised during
such trial.
(c) A person who violates this Section within 1,000 feet of
real property comprising a school commits a Class 3 4 felony.
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 91-696,
eff. 4-13-00.)
(720 ILCS 5/11-19.3 new)
Sec. 11-19.3. Vehicle impoundment. A peace officer who
arrests a person for a violation of Section 11-14.1, 11-15,

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11-15.1, 11-18, 11-18.1, or 11-19 of this Code may impound any
vehicle used by the person in the commission of the offense. A
person charged with such violation shall be charged a $1,000
fee to be paid to the unit of government that impounded the
vehicle. This fee includes the costs incurred by the unit of
government to tow the vehicle to the impound. Five hundred
dollars of the fee shall be distributed to the unit of
government whose peace officers made the arrest for a violation
of Section 11-14.1, 11-15, 11-15.1, 11-18, 11-18.1, or 11-19 of
this Code. Five hundred dollars of this fee shall be deposited
in the Violent Crime Victims Assistance Fund and shall be used
by the Department of Human Services to make grants to
non-governmental organizations for services provided to
prostituted persons, persons encountered in the course of
investigating a violation of Section 11-14.1, 11-15, 11-15.1,
11-18, 11-18.1, or 11-19 of this Code, and victims of human
trafficking. Upon the presentation of a signed court order by
the defendant whose vehicle was impounded showing that the
defendant has been acquitted of any of the offenses described
in this Section or that the charges have been dismissed against
the defendant for that offense, the municipality shall refund
the $1,000 fee to the defendant.