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91_HB1720enr
HB1720 Enrolled LRB9103616RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 11-14, 11-15, 11-17, 11-18, and 11-19.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 11-14, 11-15, 11-17, 11-18, and 11-19 as
7 follows:
8 (720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
9 Sec. 11-14. Prostitution.
10 (a) Any person who performs, offers or agrees to perform
11 any act of sexual penetration as defined in Section 12-12 of
12 this Code for any money, property, token, object, or article
13 or anything of value, or any touching or fondling of the sex
14 organs of one person by another person, for any money,
15 property, token, object, or article or anything of value, for
16 the purpose of sexual arousal or gratification commits an act
17 of prostitution.
18 (b) Sentence.
19 Prostitution is a Class A misdemeanor. A person convicted
20 of a second third or subsequent violation of this Section, or
21 of any combination of such number of convictions under this
22 Section and Sections 11-15 , 11-17, 11-18, 11-18.1 and 11-19
23 of this Code is shall be guilty of a Class 4 felony. When a
24 person has one 2 or more prior convictions, the information
25 or indictment charging that person shall state such prior
26 conviction convictions so as to give notice of the State's
27 intention to treat the charge as a felony. The fact of such
28 prior conviction convictions is not an element of the offense
29 and may not be disclosed to the jury during trial unless
30 otherwise permitted by issues properly raised during such
31 trial.
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1 (Source: P.A. 88-680, eff. 1-1-95.)
2 (720 ILCS 5/11-15) (from Ch. 38, par. 11-15)
3 Sec. 11-15. Soliciting for a prostitute.
4 (a) Any person who performs any of the following acts
5 commits soliciting for a prostitute:
6 (1) Solicits another for the purpose of
7 prostitution; or
8 (2) Arranges or offers to arrange a meeting of
9 persons for the purpose of prostitution; or
10 (3) Directs another to a place knowing such
11 direction is for the purpose of prostitution.
12 (b) Sentence. Soliciting for a prostitute is a Class A
13 misdemeanor. A person convicted of a second third or
14 subsequent violation of this Section, or of any combination
15 of such number of convictions under this Section and Sections
16 11-14, 11-17, 11-18, 11-18.1 and 11-19 of this Code is shall
17 be guilty of a Class 4 felony. When a person has one 2 or
18 more prior convictions, the information or indictment
19 charging that person shall state such prior conviction
20 convictions so as to give notice of the State's intention to
21 treat the charge as a felony. The fact of such prior
22 conviction convictions is not an element of the offense and
23 may not be disclosed to the jury during trial unless
24 otherwise permitted by issues properly raised during such
25 trial.
26 (c) A peace officer who arrests a person for a violation
27 of this Section may impound any vehicle used by the person in
28 the commission of the offense. The person may recover the
29 vehicle from the impound after a minimum of 2 hours after
30 arrest upon payment of a fee of $200. The fee shall be
31 distributed to the unit of government whose peace officers
32 made the arrest for a violation of this Section. This $200
33 fee includes the costs incurred by the unit of government to
HB1720 Enrolled -3- LRB9103616RCks
1 tow the vehicle to the impound. Upon the presentation of a
2 signed court order by the defendant whose vehicle was
3 impounded showing that the defendant has been acquitted of
4 the offense of soliciting for a prostitute or that the
5 charges have been dismissed against the defendant for that
6 offense, the municipality shall refund the $200 fee to the
7 defendant.
8 (Source: P.A. 85-1447.)
9 (720 ILCS 5/11-17) (from Ch. 38, par. 11-17)
10 Sec. 11-17. Keeping a Place of Prostitution. (a) Any
11 person who has or exercises control over the use of any place
12 which could offer seclusion or shelter for the practice of
13 prostitution who performs any of the following acts keeps a
14 place of prostitution:
15 (1) Knowingly grants or permits the use of such place
16 for the purpose of prostitution; or
17 (2) Grants or permits the use of such place under
18 circumstances from which he could reasonably know that the
19 place is used or is to be used for purposes of prostitution;
20 or
21 (3) Permits the continued use of a place after becoming
22 aware of facts or circumstances from which he should
23 reasonably know that the place is being used for purposes of
24 prostitution.
25 (b) Sentence.
26 Keeping a place of prostitution is a Class A misdemeanor.
27 A person convicted of a second third or subsequent violation
28 of this Section, or of any combination of such number of
29 convictions under this Section and Sections 11-14, 11-15,
30 11-18, 11-18.1 and 11-19 of this Code, is shall be guilty of
31 a Class 4 felony. When a person has one 2 or more prior
32 convictions, the information or indictment charging that
33 person shall state such prior conviction convictions so as to
HB1720 Enrolled -4- LRB9103616RCks
1 give notice of the State's intention to treat the charge as a
2 felony. The fact of such conviction convictions is not an
3 element of the offense and may not be disclosed to the jury
4 during trial unless otherwise permitted by issues properly
5 raised during such trial.
6 (Source: P.A. 85-1447.)
7 (720 ILCS 5/11-18) (from Ch. 38, par. 11-18)
8 Sec. 11-18. Patronizing a prostitute.
9 (a) Any person who performs any of the following acts
10 with a person not his or her spouse commits the offense of
11 patronizing a prostitute:
12 (1) Engages in an act of sexual penetration as
13 defined in Section 12-12 of this Code with a prostitute;
14 or
15 (2) Enters or remains in a place of prostitution
16 with intent to engage in an act of sexual penetration as
17 defined in Section 12-12 of this Code.
18 (b) Sentence.
19 Patronizing a prostitute is a Class A misdemeanor. A
20 person convicted of a second third or subsequent violation of
21 this Section, or of any combination of such number of
22 convictions under this Section and Sections 11-14, 11-15,
23 11-17, 11-18.1 and 11-19 of this Code, is shall be guilty of
24 a Class 4 felony. When a person has one 2 or more prior
25 convictions, the information or indictment charging that
26 person shall state such prior convictions so as to give
27 notice of the State's intention to treat the charge as a
28 felony. The fact of such conviction convictions is not an
29 element of the offense and may not be disclosed to the jury
30 during trial unless otherwise permitted by issues properly
31 raised during such trial.
32 (Source: P.A. 88-325.)
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1 (720 ILCS 5/11-19) (from Ch. 38, par. 11-19)
2 Sec. 11-19. Pimping.
3 (a) Any person who receives any money, property, token,
4 object, or article or anything of value from a prostitute,
5 not for a lawful consideration, knowing it was earned in
6 whole or in part from the practice of prostitution, commits
7 pimping.
8 (b) Sentence.
9 Pimping is a Class A misdemeanor. A person convicted of a
10 second third or subsequent violation of this Section, or of
11 any combination of such number of convictions under this
12 Section and Sections 11-14, 11-15, 11-17, 11-18 and 11-18.1
13 of this Code is shall be guilty of a Class 4 felony. When a
14 person has one 2 or more prior convictions, the information
15 or indictment charging that person shall state such prior
16 conviction convictions so as to give notice of the State's
17 intention to treat the charge as a felony. The fact of such
18 conviction convictions is not an element of the offense and
19 may not be disclosed to the jury during trial unless
20 otherwise permitted by issues properly raised during such
21 trial.
22 (Source: P.A. 88-680, eff. 1-1-95.)
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