Bill Title: Amends the Criminal Code of 2012. Deletes provision that enhances the penalty for prostitution to a Class 4 felony if the offense is committed within 1,000 feet of real property comprising a school. Deletes provision that a second or subsequent prostitution violation, or any combination of convictions for prostitution and solicitation of a sexual act, promoting prostitution, promoting juvenile prostitution, soliciting for a prostitute, soliciting for a juvenile prostitute, pandering, keeping a place of prostitution, keeping a place of juvenile prostitution, patronizing a prostitute, patronizing a juvenile prostitute, pimping, juvenile pimping, aggravated juvenile pimping, or exploitation of a child, is a Class 4 felony. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 48-8)
Status: (Passed) 2013-08-23 - Public Act . . . . . . . . . 98-0538
[SB1872 Detail]Download: Illinois-2013-SB1872-Chaptered.html
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Public Act 098-0538
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SB1872 Enrolled | LRB098 08541 RLC 38653 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by changing |
Section 11-14 as follows:
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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
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anything of value, for the purpose of sexual arousal or |
gratification commits
an act of prostitution. |
(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 |
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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 |
(juvenile pimping or aggravated juvenile pimping), or 11-19.2 |
(exploitation of a child), is a Class 4 felony . |
(c) (Blank). 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
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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 |
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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 |
county board. |
(4) The court may, in addition to other conditions, |
require that the person:
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(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
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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;
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(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
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his or her blood or urine or both for tests to |
determine the presence of any
illicit drug. |
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(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. |
(6) Upon fulfillment of the terms and conditions of |
probation, the court
shall discharge the person and dismiss |
the proceedings against him or her.
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(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 |
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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 |
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. |
(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11; |
97-1118, eff. 1-1-13.)
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Section 10. The Mental Health Court Treatment Act is |
amended by changing Section 20 as follows:
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(730 ILCS 168/20)
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Sec. 20. Eligibility. |
(a) A defendant may be admitted into a mental health court |
program only upon the agreement of the prosecutor and the |
defendant and with the approval of the court. |
(b) A defendant shall be excluded from a mental health |
court program if any one of the following applies: |
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(1) The crime is a crime of violence as set forth in |
clause (3) of this subsection (b). |
(2) The defendant does not demonstrate a willingness to |
participate in a treatment program. |
(3) The defendant has been convicted of a crime of |
violence within the past 10 years excluding incarceration |
time, specifically first degree murder, second degree |
murder, predatory criminal sexual assault of a child, |
aggravated criminal sexual assault, criminal sexual |
assault, armed robbery, aggravated arson, arson, |
aggravated kidnapping, kidnapping, stalking, aggravated |
stalking, or any offense involving the discharge of a |
firearm. |
(4) (Blank).
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(c) A defendant charged with prostitution under Section |
11-14 of the Criminal Code of 2012 may be admitted into a |
mental health court program, which may include specialized |
service programs specifically designed to address the trauma |
associated with prostitution and human trafficking, if |
available in the jurisdiction and provided that the |
requirements in subsections (a) and (b) are satisfied. Judicial |
circuits establishing these specialized programs shall partner |
with prostitution and human trafficking advocates, survivors, |
and service providers in the development of the programs. |
(Source: P.A. 97-946, eff. 8-13-12.)
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Section 99. Effective date. This Act takes effect upon |