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SB0075 Enrolled |
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LRB095 04906 RLC 24971 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 1961 is amended by adding |
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| Section 11-14.2 as follows:
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| (720 ILCS 5/11-14.2 new) |
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| Sec. 11-14.2. First offender; felony prostitution. |
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| (a) Whenever any person who has not previously been |
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| convicted
of or placed on probation for felony prostitution or |
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| any law of the United States or of any other state relating to |
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| felony prostitution pleads guilty to or is found guilty of |
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| felony prostitution, the court, without entering a judgment and |
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| with the consent of such
person, may sentence the person to |
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| probation. |
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| (b) When a person is placed on probation, the court shall |
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| enter an order
specifying a period of probation of 24 months |
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| and shall defer further
proceedings in the case until the |
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| conclusion of the period or until the
filing of a petition |
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| alleging violation of a term or condition of probation. |
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| (c) The conditions of probation shall be that the person: |
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| (1) not
violate any criminal statute of any jurisdiction; (2) |
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| refrain from
possessing a firearm or other dangerous weapon; |
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| (3) submit to periodic drug
testing at a time and in a manner |
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SB0075 Enrolled |
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LRB095 04906 RLC 24971 b |
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| as ordered by the court, but no less than 3
times during the |
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| period of the probation, with the cost of the testing to be
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| paid by the probationer; and (4) perform no less than 30 hours |
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| of community
service, provided community service is available |
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| in the jurisdiction and is
funded
and approved by the county |
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| board. |
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| (d) The court may, in addition to other conditions, require |
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| that the person:
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| (1) make a report to and appear in person before or |
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| participate with the
court or such courts, person, or |
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| social service agency as directed by the
court in the order |
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| of probation; |
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| (2) pay a fine and costs; |
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| (3) work or pursue a course of study or vocational
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| training; |
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| (4) undergo medical or psychiatric treatment; or |
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| treatment or
rehabilitation by a provider approved by the |
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| Illinois Department of Human Services; |
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| (5) attend or reside in a facility established for the |
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| instruction or
residence of defendants on probation; |
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| (6) support his or her dependents;
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| (7) refrain from having in his or her body the presence |
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| of any illicit
drug prohibited by the Cannabis Control Act |
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| or the Illinois Controlled
Substances Act, unless |
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| prescribed by a physician, and submit samples of
his or her |
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| blood or urine or both for tests to determine the presence |
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SB0075 Enrolled |
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LRB095 04906 RLC 24971 b |
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| of any
illicit drug; |
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| (8) and in addition, if a minor: |
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| (i) reside with his or her parents or in a foster |
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| home; |
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| (ii) attend school; |
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| (iii) attend a non-residential program for youth; |
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| (iv) contribute to his or her own support at home |
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| or in a foster home. |
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| (e) Upon violation of a term or condition of probation, the |
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| court
may enter a judgment on its original finding of guilt and |
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| proceed as
otherwise provided. |
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| (f) Upon fulfillment of the terms and conditions of |
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| probation, the court
shall discharge the person and dismiss the |
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| proceedings against him or her.
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| (g) A disposition of probation is considered to be a |
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| conviction
for the purposes of imposing the conditions of |
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| probation and for appeal,
however, discharge and dismissal |
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| under this Section is not a conviction for
purposes of this Act |
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| or for purposes of disqualifications or disabilities
imposed by |
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| law upon conviction of a crime. |
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| (h) There may be only one discharge and dismissal under |
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| this Section. |
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| (i) If a person is convicted of prostitution within 5 years
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| subsequent to a discharge and dismissal under this Section, the |
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| discharge and
dismissal under this Section shall be admissible |
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| in the sentencing proceeding
for that conviction
as evidence in |