Full Text of SB1872 98th General Assembly
SB1872sam001 98TH GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 3/1/2013
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| 1 | | AMENDMENT TO SENATE BILL 1872
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1872 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 11-14 as follows: | 6 | | (720 ILCS 5/11-14) (from Ch. 38, par. 11-14) | 7 | | Sec. 11-14. Prostitution. | 8 | | (a) Any person who knowingly performs, offers or agrees
to | 9 | | perform any act of sexual penetration as defined in Section | 10 | | 11-0.1 of
this Code for anything
of value, or any touching or | 11 | | fondling
of the sex organs of one person by another person, for
| 12 | | anything of value, for the purpose of sexual arousal or | 13 | | gratification commits
an act of prostitution. | 14 | | (b) Sentence. | 15 | | A violation of this Section is a Class A misdemeanor , | 16 | | unless committed within 1,000 feet of real property comprising |
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| 1 | | a school, in which case it is a Class 4 felony. A second or | 2 | | subsequent violation of this Section, or any combination of | 3 | | convictions under this Section and Section 11-14.1 | 4 | | (solicitation of a sexual act), 11-14.3 (promoting | 5 | | prostitution), 11-14.4 (promoting juvenile prostitution), | 6 | | 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a | 7 | | juvenile prostitute), 11-16 (pandering), 11-17 (keeping a | 8 | | place of prostitution), 11-17.1 (keeping a place of juvenile | 9 | | prostitution), 11-18 (patronizing a prostitute), 11-18.1 | 10 | | (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 | 11 | | (juvenile pimping or aggravated juvenile pimping), or 11-19.2 | 12 | | (exploitation of a child), is a Class 4 felony . | 13 | | (c) (Blank). First offender; felony prostitution. | 14 | | (1) Whenever any person who has not previously been | 15 | | convicted
of or placed on probation for felony prostitution | 16 | | or any law of the United States or of any other state | 17 | | relating to felony prostitution pleads guilty to or is | 18 | | found guilty of felony prostitution, the court, without | 19 | | entering a judgment and with the consent of such
person, | 20 | | may sentence the person to probation. | 21 | | (2) When a person is placed on probation, the court | 22 | | shall enter an order
specifying a period of probation of 24 | 23 | | months and shall defer further
proceedings in the case | 24 | | until the conclusion of the period or until the
filing of a | 25 | | petition alleging violation of a term or condition of | 26 | | probation. |
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| 1 | | (3) The conditions of probation shall be that the | 2 | | person: (i) not
violate any criminal statute of any | 3 | | jurisdiction; (ii) refrain from
possessing a firearm or | 4 | | other dangerous weapon; (iii) submit to periodic drug
| 5 | | testing at a time and in a manner as ordered by the court, | 6 | | but no less than 3
times during the period of the | 7 | | probation, with the cost of the testing to be
paid by the | 8 | | probationer; and (iv) perform no less than 30 hours of | 9 | | community
service, provided community service is available | 10 | | in the jurisdiction and is
funded
and approved by the | 11 | | county board. | 12 | | (4) The court may, in addition to other conditions, | 13 | | require that the person:
| 14 | | (A) make a report to and appear in person before or | 15 | | participate with the
court or such courts, person, or | 16 | | social service agency as directed by the
court in the | 17 | | order of probation; | 18 | | (B) pay a fine and costs; | 19 | | (C) work or pursue a course of study or vocational
| 20 | | training; | 21 | | (D) undergo medical or psychiatric treatment; or | 22 | | treatment or
rehabilitation by a provider approved by | 23 | | the Illinois Department of Human Services; | 24 | | (E) attend or reside in a facility established for | 25 | | the instruction or
residence of defendants on | 26 | | probation; |
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| 1 | | (F) support his or her dependents;
| 2 | | (G) refrain from having in his or her body the | 3 | | presence of any illicit
drug prohibited by the Cannabis | 4 | | Control Act or the Illinois Controlled
Substances Act, | 5 | | unless prescribed by a physician, and submit samples of
| 6 | | his or her blood or urine or both for tests to | 7 | | determine the presence of any
illicit drug. | 8 | | (5) Upon violation of a term or condition of probation, | 9 | | the court
may enter a judgment on its original finding of | 10 | | guilt and proceed as
otherwise provided. | 11 | | (6) Upon fulfillment of the terms and conditions of | 12 | | probation, the court
shall discharge the person and dismiss | 13 | | the proceedings against him or her.
| 14 | | (7) A disposition of probation is considered to be a | 15 | | conviction
for the purposes of imposing the conditions of | 16 | | probation and for appeal,
however, discharge and dismissal | 17 | | under this subsection is not a conviction for
purposes of | 18 | | this Code or for purposes of disqualifications or | 19 | | disabilities
imposed by law upon conviction of a crime. | 20 | | (8) There may be only one discharge and dismissal under | 21 | | this Section, Section 410 of the Illinois Controlled | 22 | | Substances Act, Section 70 of the Methamphetamine Control | 23 | | and Community Protection Act, Section 10 of the Cannabis | 24 | | Control Act, or Section 5-6-3.3 of the Unified Code of | 25 | | Corrections. | 26 | | (9) If a person is convicted of prostitution within 5 |
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| 1 | | years
subsequent to a discharge and dismissal under this | 2 | | subsection, the discharge and
dismissal under this | 3 | | subsection shall be admissible in the sentencing | 4 | | proceeding
for that conviction
as evidence in aggravation. | 5 | | (d) Notwithstanding the foregoing, if it is determined, | 6 | | after a reasonable detention for investigative purposes, that a | 7 | | person suspected of or charged with a violation of this Section | 8 | | is a person under the age of 18, that person shall be immune | 9 | | from prosecution for a prostitution offense under this Section, | 10 | | and shall be subject to the temporary protective custody | 11 | | provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of | 12 | | 1987. Pursuant to the provisions of Section 2-6 of the Juvenile | 13 | | Court Act of 1987, a law enforcement officer who takes a person | 14 | | under 18 years of age into custody under this Section shall | 15 | | immediately report an allegation of a violation of Section 10-9 | 16 | | of this Code to the Illinois Department of Children and Family | 17 | | Services State Central Register, which shall commence an | 18 | | initial investigation into child abuse or child neglect within | 19 | | 24 hours pursuant to Section 7.4 of the Abused and Neglected | 20 | | Child Reporting Act. | 21 | | (Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11; | 22 | | 97-1118, eff. 1-1-13.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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