HB6195 Engrossed

LRB096 19311 RLC 34702 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 changing 
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Sections 11-14.1, 11-15, 11-15.1, 11-18, 11-18.1, and 11-19 and 
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by adding Section 11-19.3 as follows:
 



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    (720 ILCS 5/11-14.1)



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

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

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solicitation of a sexual act.

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

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

 



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



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    Sec. 11-15. Soliciting for a prostitute. 

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


 


 






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        (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 
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    for the
purpose of prostitution; or


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

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

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

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

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


 






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LRB096 19311 RLC 34702 b




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arrest upon payment of a fee of $200.  The fee shall be 
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distributed to
the unit of government whose peace officers
made 
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the arrest for a
violation of this Section.  This $200 fee 
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includes the costs incurred by the
unit of government to tow 
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the vehicle to the impound.
Upon the presentation of a signed 
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court order by the defendant whose vehicle
was impounded 
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showing that the defendant has been acquitted of the offense of

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soliciting for a prostitute or that the charges have been 
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dismissed against the
defendant for that offense, the 
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municipality shall refund the $200 fee to the
defendant.

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    (d)  This Section does not apply to any person who could be 
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otherwise subject to the provisions of Section 11-14 of this 
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Code. 
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(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 92-16, 
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eff.
6-28-01.)

 



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



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

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

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    (b) It is an affirmative defense to a charge of soliciting 
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for a
juvenile prostitute that the accused reasonably believed 
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the person was of
the age of 17 years or over or was not a 
 


 






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severely
or
profoundly mentally retarded person at the time of 
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the act giving rise to the
charge.

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    (c) Sentence.

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

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    (d)  This Section does not apply to any person who could be 
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otherwise subject to the provisions of Section 11-14 of this 
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Code. 
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(Source: P.A. 95-95, eff. 1-1-08.)

 



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



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    Sec. 11-18. Patronizing a prostitute. 

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


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


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

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    (b) Sentence.

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    Patronizing a prostitute is a Class 4 felony A misdemeanor.

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

 


 






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

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

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

 



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



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

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

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

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

 



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



 


 






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    Sec. 11-19. Pimping. 

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

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

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    (b) Sentence.

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

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

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unless otherwise permitted by issues properly raised during 
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such trial.

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

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

 
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    (720 ILCS 5/11-19.3 new)
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    Sec. 11-19.3. Vehicle impoundment. A peace officer who 
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arrests a person for a violation of Section 11-14.1, 11-15,

 


 






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11-15.1, 11-18, 11-18.1, or 11-19 of this Code may impound any 
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vehicle used by the person in the commission of the offense.
A 
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person charged with such violation shall be charged a $1,000 
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fee to be paid to the unit of government that impounded the 
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vehicle. This fee includes the costs incurred by the
unit of 
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government to tow the vehicle to the impound.
Five hundred 
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dollars of the fee shall be distributed to
the unit of 
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government whose peace officers
made the arrest for a
violation 
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of Section 11-14.1, 11-15,
11-15.1, 11-18, 11-18.1, or 11-19 of 
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this Code.  Five hundred dollars of this fee  shall be deposited 
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in the Violent Crime Victims Assistance Fund and shall be used 
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by the Department of Human Services to make grants to 
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non-governmental organizations for services provided to 
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prostituted persons, persons encountered in the course of 
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investigating a violation of Section 11-14.1, 11-15,
11-15.1, 
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11-18, 11-18.1, or 11-19 of this Code, and victims of human 
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trafficking.  Upon the presentation of a signed court order by 
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the defendant whose vehicle
was impounded showing that the 
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defendant has been acquitted of any of the offenses described 
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in this Section or that the charges have been dismissed against 
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the
defendant for that offense, the municipality shall refund 
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the $1,000 fee to the
defendant.