Bill Text: IL SB1872 | 2013-2014 | 98th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB1872 Introduced 2/15/2013, by Sen. John G. Mulroe SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-14 from Ch. 38, par. 11-14
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.
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A BILL FOR
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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
Section 11-14 as follows:
(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.
(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) 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

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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:
(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.

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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.
(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.)
Section 99. Effective date. This Act takes effect upon
becoming law.