96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6195


 
Introduced 2/11/2010, by Rep. Charles E. Jefferson
 
SYNOPSIS AS INTRODUCED:
 		





 


            



720 ILCS 5/11-14.1




720 ILCS 5/11-15
  from Ch. 38, par. 11-15


720 ILCS 5/11-15.1
  from Ch. 38, par. 11-15.1


720 ILCS 5/11-18
  from Ch. 38, par. 11-18


720 ILCS 5/11-18.1
  from Ch. 38, par. 11-18.1


720 ILCS 5/11-19
  from Ch. 38, par. 11-19








     Amends the  Criminal Code of 1961.  Increases by one class the penalties for solicitation of a sexual act,  soliciting
for a prostitute, soliciting for a juvenile prostitute, patronizing a prostitute, patronizing a juvenile prostitute, and pimping.
  















LRB096 19311 RLC 34702 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






HB6195

LRB096 19311 RLC 34702 b





  
1
    AN ACT concerning criminal law.
  
 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:
  
 
 
4
    Section 5. The Criminal Code of 1961 is amended  by changing 
5
Sections 11-14.1, 11-15, 11-15.1, 11-18, 11-18.1, and 11-19 as 
6
follows:
 



7
    (720 ILCS 5/11-14.1)



8
    Sec. 11-14.1. Solicitation of a sexual act. 

9
    (a) Any person who offers a person not his or her spouse 
10
any money,
property, token, object, or article or anything of 
11
value to
perform any act of sexual penetration as defined in 
12
Section 12-12 of this Code,
or any touching or fondling of the 
13
sex organs of one person by another person
for the purpose of 
14
sexual arousal or gratification, commits the offense of

15
solicitation of a sexual act.

16
    (b) Sentence. Solicitation of a sexual act is a Class A B 
17
misdemeanor.

18
(Source: P.A. 91-696, eff. 4-13-00.)

 



19
    (720 ILCS 5/11-15)  (from Ch. 38, par. 11-15)



20
    Sec. 11-15. Soliciting for a prostitute. 

21
    (a) Any person who performs any of the following acts 
22
commits soliciting
for a prostitute:


 


 






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1
        (1) Solicits another for the purpose of prostitution; 
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    or


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        (2) Arranges or offers to arrange a meeting of persons 
4
    for the
purpose of prostitution; or


5
        (3) Directs another to a place knowing such direction 
6
    is for the
purpose of prostitution.

7
    (b) Sentence.
Soliciting for a prostitute is a Class 4 
8
felony A misdemeanor.
A person convicted of a second or 
9
subsequent violation of this
Section,
or of any combination of 
10
such number of convictions under this Section and
Sections 
11
11-14, 11-17, 11-18, 11-18.1 and 11-19 of this
Code
is guilty 
12
of a Class 3 4 felony.  When a person has
one or more prior

13
convictions, the information or indictment charging that 
14
person shall state
such prior conviction so as to give notice 
15
of the State's
intention to
treat the charge as a felony.  The 
16
fact of such prior conviction is not an
element of the offense 
17
and may not be disclosed to the jury during trial
unless 
18
otherwise permitted by issues properly raised during such 
19
trial.

20
    (b-5) A person who violates this Section within 1,000 feet 
21
of
real
property comprising a school commits a Class 3 4 
22
felony.

23
    (c) A peace officer who arrests a person for a violation of 
24
this Section
may impound any vehicle used by the person in the 
25
commission of the offense.
The person may recover the vehicle 
26
from the impound after a minimum of 2 hours
after arrest upon 
 


 






HB6195
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LRB096 19311 RLC 34702 b




1
payment of a fee of $200.  The fee shall be distributed to
the 
2
unit of government whose peace officers
made the arrest for a

3
violation of this Section.  This $200 fee includes the costs 
4
incurred by the
unit of government to tow the vehicle to the 
5
impound.
Upon the presentation of a signed court order by the 
6
defendant whose vehicle
was impounded showing that the 
7
defendant has been acquitted of the offense of
soliciting for a 
8
prostitute or that the charges have been dismissed against the

9
defendant for that offense, the municipality shall refund the 
10
$200 fee to the
defendant.

11
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 92-16, 
12
eff.
6-28-01.)

 



13
    (720 ILCS 5/11-15.1)  (from Ch. 38, par. 11-15.1)



14
    Sec. 11-15.1. Soliciting for a Juvenile Prostitute. 

15
    (a) Any person who
violates any of the provisions of 
16
Section 11-15(a) of this Act commits
soliciting for a juvenile 
17
prostitute where the prostitute for whom such
person is 
18
soliciting is under 17 years of age or is a
severely or 
19
profoundly mentally retarded person.

20
    (b) It is an affirmative defense to a charge of soliciting 
21
for a
juvenile prostitute that the accused reasonably believed 
22
the person was of
the age of 17 years or over or was not a 
23
severely
or
profoundly mentally retarded person at the time of 
24
the act giving rise to the
charge.

25
    (c) Sentence.

 


 






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LRB096 19311 RLC 34702 b




1
    Soliciting for a juvenile prostitute is a Class X 1 felony.

2
(Source: P.A. 95-95, eff. 1-1-08.)

 



3
    (720 ILCS 5/11-18)  (from Ch. 38, par. 11-18)



4
    Sec. 11-18. Patronizing a prostitute. 

5
    (a) Any person who performs any of the following acts with 
6
a person
not his or her spouse commits the offense of 
7
patronizing a prostitute:


8
        (1) Engages in an act of sexual penetration as defined 
9
    in Section 12-12
of this Code with a prostitute; or


10
        (2) Enters or remains in a place of prostitution with 
11
    intent to
engage in an act of sexual penetration as defined 
12
    in Section 12-12 of
this Code.

13
    (b) Sentence.

14
    Patronizing a prostitute is a Class 4 felony A misdemeanor.

15
A person
convicted of a second or subsequent violation of this 
16
Section, or
of any
combination of such number of convictions 
17
under this Section and Sections
11-14, 11-15, 11-17, 11-18.1 
18
and 11-19 of this Code, is guilty of a Class 3 4
felony.  When a 
19
person has one or more prior convictions, the information or

20
indictment charging that person shall state such prior 
21
convictions so as to
give notice of the State's intention to 
22
treat the charge as a felony.  The fact
of such conviction is 
23
not an element of the offense and may
not be disclosed
to the 
24
jury during trial unless otherwise permitted by issues properly 
25
raised
during such trial.

 


 






HB6195
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LRB096 19311 RLC 34702 b




1
    (c) A person who violates this Section within 1,000 feet of 
2
real property
comprising a school commits a Class 3 4 felony.

3
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 92-16, 
4
eff.
6-28-01.)

 



5
    (720 ILCS 5/11-18.1)  (from Ch. 38, par. 11-18.1)



6
    Sec. 11-18.1. Patronizing a juvenile prostitute. (a) Any 
7
person who
engages in an act of sexual penetration as defined 
8
in Section 12-12 of this
Code with a prostitute under 17 years 
9
of age commits the offense of
patronizing a juvenile 
10
prostitute.

11
    (b) It is an affirmative defense to the charge of 
12
patronizing a
juvenile prostitute that the accused reasonably 
13
believed that the person
was of the age of 17 years or over at 
14
the time of the act giving rise to
the charge.

15
    (c) Sentence.
A person who commits patronizing a juvenile 
16
prostitute is guilty of a Class 3 4 felony.

17
(Source: P.A. 85-1447.)

 



18
    (720 ILCS 5/11-19)  (from Ch. 38, par. 11-19)



19
    Sec. 11-19. Pimping. 

20
    (a) Any person who receives any money, property,
token,

21
object, or article or anything of value from a prostitute,
not 
22
for a lawful consideration, knowing it was earned in whole or 
23
in part
from the practice of prostitution, commits pimping.

24
    (b) Sentence.

 


 






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LRB096 19311 RLC 34702 b




1
    Pimping is a Class 4 felony A misdemeanor.
A person 
2
convicted of a second or subsequent violation of this
Section,

3
or of any combination of such number of convictions under this 
4
Section and
Sections 11-14, 11-15, 11-17, 11-18 and 11-18.1 of 
5
this Code is guilty of a
Class 3 4 felony.  When a person has one 
6
or more prior
convictions, the information or indictment 
7
charging that person shall state
such prior conviction so as to 
8
give notice of the State's
intention to
treat the charge as a 
9
felony.  The fact of such conviction
is not an
element of the 
10
offense and may not be disclosed to the jury during trial

11
unless otherwise permitted by issues properly raised during 
12
such trial.

13
    (c) A person who violates this Section within 1,000 feet of 
14
real property
comprising a school commits a Class 3 4 felony.

15
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 91-696, 
16
eff.
4-13-00.)