Bill Text: IL SB1645 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Defines "crime of violence" in the Sex Offenses Article of the Code. Provides that any person who, in good faith, contacts law enforcement or emergency medical services under Emergency Medical Services (EMS) Systems Act to report that he or she is a victim of a crime of violence has personally observed another person subjected to a crime of violence, shall not be subject to arrest, charge, or prosecution for prostitution if the evidence for the arrest, charge, or prosecution was gained as a result of the person contacting law enforcement or emergency medical services to report the crime of violence. Provides that it is an affirmative defense to a prostitution offense that the defendant engaged in or performed prostitution as a result of being a victim of involuntary servitude or trafficking in persons. Provides that Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that the defendant contacted law enforcement or emergency medical services to report that he or she was a victim of a crime of violence or personally observed another person subjected to a crime of violence, and was convicted of prostitution. Provides that it is an affirmative defense to a prostitution offense that the defendant engaged in or performed prostitution as a result of being a victim of involuntary servitude or trafficking in persons. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB1645 Detail]

Download: Illinois-2013-SB1645-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB1645 Introduced 2/13/2013, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-0.1
720 ILCS 5/11-14 from Ch. 38, par. 11-14
730 ILCS 5/5-5-3.1 from Ch. 38, par. 1005-5-3.1
Amends the Criminal Code of 2012. Defines "crime of violence" in the Sex Offenses Article of the Code. Provides that any person who, in good faith, contacts law enforcement or emergency medical services under Emergency Medical Services (EMS) Systems Act to report that he or she is a victim of a crime of violence has personally observed another person subjected to a crime of violence, shall not be subject to arrest, charge, or prosecution for prostitution if the evidence for the arrest, charge, or prosecution was gained as a result of the person contacting law enforcement or emergency medical services to report the crime of violence. Provides that it is an affirmative defense to a prostitution offense that the defendant engaged in or performed prostitution as a result of being a victim of involuntary servitude or trafficking in persons. Provides that Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that the defendant contacted law enforcement or emergency medical services to report that he or she was a victim of a crime of violence or personally observed another person subjected to a crime of violence, and was convicted of prostitution. Provides that it is an affirmative defense to a prostitution offense that the defendant engaged in or performed prostitution as a result of being a victim of involuntary servitude or trafficking in persons. Effective immediately.
LRB098 08866 RLC 38996 b
A BILL FOR
SB1645 LRB098 08866 RLC 38996 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 2012 is amended by changing
Sections 11-0.1 and 11-14 as follows:
(720 ILCS 5/11-0.1)
Sec. 11-0.1. Definitions. In this Article, unless the
context clearly requires otherwise, the following terms are
defined as indicated:
"Accused" means a person accused of an offense prohibited
by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
this Code or a person for whose conduct the accused is legally
responsible under Article 5 of this Code.
"Adult obscenity or child pornography Internet site". See
Section 11-23.
"Advance prostitution" means:
(1) Soliciting for a prostitute by performing any of
the following acts when acting other than as a prostitute
or a patron of a prostitute:
(A) Soliciting another for the purpose of
prostitution.
(B) Arranging or offering to arrange a meeting of
persons for the purpose of prostitution.

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(C) Directing another to a place knowing the
direction is for the purpose of prostitution.
(2) Keeping a place of prostitution by controlling or
exercising control over the use of any place that could
offer seclusion or shelter for the practice of prostitution
and performing any of the following acts when acting other
than as a prostitute or a patron of a prostitute:
(A) Knowingly granting or permitting the use of the
place for the purpose of prostitution.
(B) Granting or permitting the use of the place
under circumstances from which he or she could
reasonably know that the place is used or is to be used
for purposes of prostitution.
(C) Permitting the continued use of the place after
becoming aware of facts or circumstances from which he
or she should reasonably know that the place is being
used for purposes of prostitution.
"Agency". See Section 11-9.5.
"Arranges". See Section 11-6.5.
"Bodily harm" means physical harm, and includes, but is not
limited to, sexually transmitted disease, pregnancy, and
impotence.
"Care and custody". See Section 11-9.5.
"Child care institution". See Section 11-9.3.
"Child pornography". See Section 11-20.1.
"Child sex offender". See Section 11-9.3.

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"Community agency". See Section 11-9.5.
"Conditional release". See Section 11-9.2.
"Consent". See Section 11-1.70.
"Crime of violence" means and includes any offense defined
in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2,
10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11,
11-14.3, 11-14.4, 11-20.1, 12-1, 12-2, 12-3, 12-3.1, 12-3.2,
12-3.3, 12-3.4, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-20.5, 20-1, or
20-1.1, or Section 12-3.05 except for subdivision (a)(4) or
(g)(1) of this Code, Sections 1(a) and 1(a-5) of the Cemetery
Protection Act, Section 125 of the Stalking No Contact Order
Act, Section 219 of the Civil No Contact Order Act, driving
under the influence as defined in Section 11-501 of the
Illinois Vehicle Code, a violation of Section 11-401 of the
Illinois Vehicle Code, provided the victim was a pedestrian or
was operating a vehicle moved solely by human power or a
mobility device at the time of contact, and a violation of
Section 11-204.1 of the Illinois Vehicle Code; so long as the
offense did not occur during a civil riot, insurrection or
rebellion. "Crime of violence" does not include any other
offense or accident involving a motor vehicle except those
vehicle offenses specifically provided for in this paragraph.
"Crime of violence" does include all of the offenses
specifically provided for in this paragraph that occur within
this State but are subject to federal jurisdiction and crimes
involving terrorism as defined in 18 U.S.C. 2331.

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"Custody". See Section 11-9.2.
"Day care center". See Section 11-9.3.
"Depict by computer". See Section 11-20.1.
"Depiction by computer". See Section 11-20.1.
"Disseminate". See Section 11-20.1.
"Distribute". See Section 11-21.
"Family member" means a parent, grandparent, child, aunt,
uncle, great-aunt, or great-uncle, whether by whole blood,
half-blood, or adoption, and includes a step-grandparent,
step-parent, or step-child. "Family member" also means, if the
victim is a child under 18 years of age, an accused who has
resided in the household with the child continuously for at
least 6 months.
"Force or threat of force" means the use of force or
violence or the threat of force or violence, including, but not
limited to, the following situations:
(1) when the accused threatens to use force or violence
on the victim or on any other person, and the victim under
the circumstances reasonably believes that the accused has
the ability to execute that threat; or
(2) when the accused overcomes the victim by use of
superior strength or size, physical restraint, or physical
confinement.
"Harmful to minors". See Section 11-21.
"Loiter". See Section 9.3.
"Material". See Section 11-21.

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"Minor". See Section 11-21.
"Nudity". See Section 11-21.
"Obscene". See Section 11-20.
"Part day child care facility". See Section 11-9.3.
"Penal system". See Section 11-9.2.
"Person responsible for the child's welfare". See Section
11-9.1A.
"Person with a disability". See Section 11-9.5.
"Playground". See Section 11-9.3.
"Probation officer". See Section 11-9.2.
"Produce". See Section 11-20.1.
"Profit from prostitution" means, when acting other than as
a prostitute, to receive anything of value for personally
rendered prostitution services or to receive anything of value
from a prostitute, if the thing received is not for lawful
consideration and the person knows it was earned in whole or in
part from the practice of prostitution.
"Public park". See Section 11-9.3.
"Public place". See Section 11-30.
"Reproduce". See Section 11-20.1.
"Sado-masochistic abuse". See Section 11-21.
"School". See Section 11-9.3.
"School official". See Section 11-9.3.
"Sexual abuse". See Section 11-9.1A.
"Sexual act". See Section 11-9.1.
"Sexual conduct" means any knowing touching or fondling by

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the victim or the accused, either directly or through clothing,
of the sex organs, anus, or breast of the victim or the
accused, or any part of the body of a child under 13 years of
age, or any transfer or transmission of semen by the accused
upon any part of the clothed or unclothed body of the victim,
for the purpose of sexual gratification or arousal of the
victim or the accused.
"Sexual excitement". See Section 11-21.
"Sexual penetration" means any contact, however slight,
between the sex organ or anus of one person and an object or
the sex organ, mouth, or anus of another person, or any
intrusion, however slight, of any part of the body of one
person or of any animal or object into the sex organ or anus of
another person, including, but not limited to, cunnilingus,
fellatio, or anal penetration. Evidence of emission of semen is
not required to prove sexual penetration.
"Solicit". See Section 11-6.
"State-operated facility". See Section 11-9.5.
"Supervising officer". See Section 11-9.2.
"Surveillance agent". See Section 11-9.2.
"Treatment and detention facility". See Section 11-9.2.
"Victim" means a person alleging to have been subjected to
an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
11-1.50, or 11-1.60 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11.)

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(720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
Sec. 11-14. Prostitution.
(a) Any person who knowingly performs, offers or agrees to
perform any act of sexual penetration as defined in Section
11-0.1 of this Code for anything of value, or any touching or
fondling of the sex organs of one person by another person, for
anything of value, for the purpose of sexual arousal or
gratification commits an act of prostitution.
(a-5) It is an affirmative defense to a prostitution
offense under this Section, that the defendant engaged in or
performed prostitution as a result of being a victim of
involuntary servitude or trafficking in persons under Section
10-9 of this Code.
(b) Sentence.
A violation of this Section is a Class A misdemeanor,
unless committed within 1,000 feet of real property comprising
a school, in which case it is a Class 4 felony. A second or
subsequent violation of this Section, or any combination of
convictions under this Section and Section 11-14.1
(solicitation of a sexual act), 11-14.3 (promoting
prostitution), 11-14.4 (promoting juvenile prostitution),
11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a
juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
place of prostitution), 11-17.1 (keeping a place of juvenile
prostitution), 11-18 (patronizing a prostitute), 11-18.1
(patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1

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(juvenile pimping or aggravated juvenile pimping), or 11-19.2
(exploitation of a child), is a Class 4 felony.
(c) First offender; felony prostitution.
(1) Whenever any person who has not previously been
convicted of or placed on probation for felony prostitution
or any law of the United States or of any other state
relating to felony prostitution pleads guilty to or is
found guilty of felony prostitution, the court, without
entering a judgment and with the consent of such person,
may sentence the person to probation.
(2) When a person is placed on probation, the court
shall enter an order specifying a period of probation of 24
months and shall defer further proceedings in the case
until the conclusion of the period or until the filing of a
petition alleging violation of a term or condition of
probation.
(3) The conditions of probation shall be that the
person: (i) not violate any criminal statute of any
jurisdiction; (ii) refrain from possessing a firearm or
other dangerous weapon; (iii) submit to periodic drug
testing at a time and in a manner as ordered by the court,
but no less than 3 times during the period of the
probation, with the cost of the testing to be paid by the
probationer; and (iv) perform no less than 30 hours of
community service, provided community service is available
in the jurisdiction and is funded and approved by the

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county board.
(4) The court may, in addition to other conditions,
require that the person:
(A) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the
order of probation;
(B) pay a fine and costs;
(C) work or pursue a course of study or vocational
training;
(D) undergo medical or psychiatric treatment; or
treatment or rehabilitation by a provider approved by
the Illinois Department of Human Services;
(E) attend or reside in a facility established for
the instruction or residence of defendants on
probation;
(F) support his or her dependents;
(G) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to
determine the presence of any illicit drug.
(5) Upon violation of a term or condition of probation,
the court may enter a judgment on its original finding of
guilt and proceed as otherwise provided.

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(6) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss
the proceedings against him or her.
(7) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this subsection is not a conviction for purposes of
this Code or for purposes of disqualifications or
disabilities imposed by law upon conviction of a crime.
(8) There may be only one discharge and dismissal under
this Section, Section 410 of the Illinois Controlled
Substances Act, Section 70 of the Methamphetamine Control
and Community Protection Act, Section 10 of the Cannabis
Control Act, or Section 5-6-3.3 of the Unified Code of
Corrections.
(9) If a person is convicted of prostitution within 5
years subsequent to a discharge and dismissal under this
subsection, the discharge and dismissal under this
subsection shall be admissible in the sentencing
proceeding for that conviction as evidence in aggravation.
(d) Notwithstanding the foregoing, if it is determined,
after a reasonable detention for investigative purposes, that a
person suspected of or charged with a violation of this Section
is a person under the age of 18, that person shall be immune
from prosecution for a prostitution offense under this Section,
and shall be subject to the temporary protective custody

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provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of
1987. Pursuant to the provisions of Section 2-6 of the Juvenile
Court Act of 1987, a law enforcement officer who takes a person
under 18 years of age into custody under this Section shall
immediately report an allegation of a violation of Section 10-9
of this Code to the Illinois Department of Children and Family
Services State Central Register, which shall commence an
initial investigation into child abuse or child neglect within
24 hours pursuant to Section 7.4 of the Abused and Neglected
Child Reporting Act.
(e) Limitation on liability for reporting a violent crime.
(1) Any person who, in good faith, contacts law
enforcement or emergency medical services under Emergency
Medical Services (EMS) Systems Act to report that he or she
is a victim of a crime of violence as defined in Section
11-0.1 of this Code has personally observed another person
subjected to a crime of violence, shall not be subject to
arrest, charge, or prosecution for prostitution under this
Section if the evidence for the arrest, charge, or
prosecution was gained as a result of the person contacting
law enforcement or emergency medical services to report the
crime of violence.
(2) Evidence of contacting law enforcement or
emergency medical services to report a crime of violence
shall be considered by the court as a mitigating factor,
whether or not presented by the parties, in any criminal

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prosecution or sentencing for prostitution under this
Section if the evidence of the offense was obtained as a
result of the person contacting law enforcement or
emergency medical services to report the crime of violence.
(3) The limited immunity described in paragraph (1) of
this subsection (e) shall not be extended if law
enforcement has reasonable suspicion or probable cause to
detain, arrest, or search the person described in paragraph
(1) of this subsection (e) for criminal activity and the
reasonable suspicion or probable cause is based on
information obtained prior to or independent of the
individual described in paragraph (1) of this subsection
(e) contacting law enforcement or emergency medical
services to report a crime of violence and not obtained as
a direct result of contacting law enforcement or emergency
medical services to report the crime of violence. Nothing
in this subsection (e) is intended to interfere with or
prevent the investigation, arrest, or prosecution of any
person for prostitution, prostitution-related offenses, or
any other crime.
(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11;
97-1118, eff. 1-1-13.)
Section 10. The Unified Code of Corrections is amended by
changing Section 5-5-3.1 as follows:

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(730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
Sec. 5-5-3.1. Factors in Mitigation.
(a) The following grounds shall be accorded weight in favor
of withholding or minimizing a sentence of imprisonment:
(1) The defendant's criminal conduct neither caused
nor threatened serious physical harm to another.
(2) The defendant did not contemplate that his criminal
conduct would cause or threaten serious physical harm to
another.
(3) The defendant acted under a strong provocation.
(4) There were substantial grounds tending to excuse or
justify the defendant's criminal conduct, though failing
to establish a defense.
(5) The defendant's criminal conduct was induced or
facilitated by someone other than the defendant.
(6) The defendant has compensated or will compensate
the victim of his criminal conduct for the damage or injury
that he sustained.
(7) The defendant has no history of prior delinquency
or criminal activity or has led a law-abiding life for a
substantial period of time before the commission of the
present crime.
(8) The defendant's criminal conduct was the result of
circumstances unlikely to recur.
(9) The character and attitudes of the defendant
indicate that he is unlikely to commit another crime.

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(10) The defendant is particularly likely to comply
with the terms of a period of probation.
(11) The imprisonment of the defendant would entail
excessive hardship to his dependents.
(12) The imprisonment of the defendant would endanger
his or her medical condition.
(13) The defendant was intellectually disabled as
defined in Section 5-1-13 of this Code.
(14) The defendant sought or obtained emergency
medical assistance for an overdose and was convicted of a
Class 3 felony or higher possession, manufacture, or
delivery of a controlled, counterfeit, or look-alike
substance or a controlled substance analog under the
Illinois Controlled Substances Act or a Class 2 felony or
higher possession, manufacture or delivery of
methamphetamine under the Methamphetamine Control and
Community Protection Act.
(15) The defendant contacted law enforcement or
emergency medical services to report that he or she was a
victim of a crime of violence as defined in Section 11-0.1
of the Criminal Code of 2012 or personally observed another
person subjected to a crime of violence, and was convicted
of prostitution under Section 11-14 of the Criminal Code of
2012.
(b) If the court, having due regard for the character of
the offender, the nature and circumstances of the offense and

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the public interest finds that a sentence of imprisonment is
the most appropriate disposition of the offender, or where
other provisions of this Code mandate the imprisonment of the
offender, the grounds listed in paragraph (a) of this
subsection shall be considered as factors in mitigation of the
term imposed.
(Source: P.A. 97-227, eff. 1-1-12; 97-678, eff. 6-1-12; revised
10-16-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.