Public Act 095-0255
 		





SB0075 Enrolled
LRB095 04906 RLC 24971 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 1961 is amended  by adding 
Section 11-14.2 as follows:
 
    (720 ILCS 5/11-14.2  new)
    Sec. 11-14.2. First offender; felony prostitution.
    (a) 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.
    (b) 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.
    (c) The conditions of probation shall be that the person: 
(1) not
violate any criminal statute of any jurisdiction; (2) 
refrain from
possessing a firearm or other dangerous weapon; 
(3) 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 (4) 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.
    (d) The court may, in addition to other conditions, require 
that the person:

        (1) 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;
        (2) pay a fine and costs;
        (3) work or pursue a course of study or vocational

    training;
        (4) undergo medical or psychiatric treatment; or 
    treatment or
rehabilitation by a provider approved by the 
    Illinois Department of Human Services;
        (5) attend or reside in a facility established for the 
    instruction or
residence of defendants on probation;
        (6) support his or her dependents;

        (7) 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;
        (8) and in addition, if a minor:
            (i) reside with his or her parents or in a foster 
        home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
            (iv) contribute to his or her own support at home 
        or in a foster home.
    (e) 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.
    (f) Upon fulfillment of the terms and conditions of 
probation, the court
shall discharge the person and dismiss the 
proceedings against him or her.

    (g) 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 Section is not a conviction for
purposes of this Act 
or for purposes of disqualifications or disabilities
imposed by 
law upon conviction of a crime.
    (h) There may be only one discharge and dismissal under 
this Section.
    (i) If a person is convicted of prostitution within 5 years

subsequent to a discharge and dismissal under this Section, the 
discharge and
dismissal under this Section shall be admissible 
in the sentencing proceeding
for that conviction
as evidence in 
aggravation.

 

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