SB1588 99TH GENERAL ASSEMBLY

LRB099 08488 RLC 28644 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1588

Introduced 2/20/2015, by Sen. John G. Mulroe

SYNOPSIS AS INTRODUCED:

720 ILCS 5/11-14	from Ch. 38, par. 11-14
725 ILCS 5/115-6.1 new

Amends the Criminal Code of 2012. Provides that it is an affirmative defense to a charge of prostitution that the accused engaged in or performed prostitution as a result of being a victim of involuntary servitude or trafficking in persons as defined in the Code, or was a victim of trafficking as defined in the federal Trafficking Victims Protection Act of 2000. Amends the Code of Criminal Procedure of 1963. Provides that in prosecutions for prostitution, when the accused intends to raise at trial the affirmative defense of being a victim of involuntary servitude or trafficking in persons as defined in the Code, or was a victim of trafficking as defined in the federal Trafficking Victims Protection Act of 2000 and has reason to believe that the evidence presented in asserting that defense may jeopardize the safety of the accused, courtroom personnel, or others impacted by human trafficking, the accused may file under seal a motion for an in camera hearing to review the accused's safety concerns. Upon receipt of the motion and notice to the parties, the court shall conduct an in camera hearing, with counsel present, limited to review of potential safety concerns. Provides that the court shall not consider the merits of the affirmative defense during the in camera review. Provides that if the court finds that the assertion of an affirmative defense by the accused in open court could jeopardize the safety of the accused, court personnel, or other persons, the court may clear the courtroom with the agreement of the accused, order additional in camera hearings, seal the records, prohibit court personnel from disclosing the proceedings without prior court approval, or take any other appropriate measure that in the court's discretion will enhance the safety of the proceedings and ensure the accused a full and fair opportunity to assert his or her affirmative defense. Provides that statements made by the accused during the in camera hearing to review safety concerns shall not be admissible against the accused for the crimes charged. Effective immediately.

A BILL FOR

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 2012 is amended by changing Section 11-14 as follows:

(720 ILCS 5/11-14) (from Ch. 38, par. 11-14)

Sec. 11-14. Prostitution.

(a) Any person who knowingly performs, offers or agrees to perform any act of sexual penetration as defined in Section 11-0.1 of this Code for anything of value, or any touching or fondling of the sex organs of one person by another person, for anything of value, for the purpose of sexual arousal or gratification commits an act of prostitution.

(b) Sentence. A violation of this Section is a Class A misdemeanor.

(c) (Blank).

(c-5) It is an affirmative defense to a charge under this Section that the accused engaged in or performed prostitution as a result of being a victim of involuntary servitude or trafficking in persons as defined in Section 10-9 of this Code, or was a victim of trafficking as defined in the federal Trafficking Victims Protection Act of 2000, 22 U.S.C. 7102.

(d) Notwithstanding the foregoing, if it is determined, after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of this Section is a person under the age of 18, that person shall be immune from prosecution for a prostitution offense under this Section, and shall be subject to the temporary protective custody provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of 1987. Pursuant to the provisions of Section 2-6 of the Juvenile Court Act of 1987, a law enforcement officer who takes a person under 18 years of age into custody under this Section shall immediately report an allegation of a violation of Section 10-9 of this Code to the Illinois Department of Children and Family Services State Central Register, which shall commence an initial investigation into child abuse or child neglect within 24 hours pursuant to Section 7.4 of the Abused and Neglected Child Reporting Act.

(Source: P.A. 97-1118, eff. 1-1-13; 98-164, eff. 1-1-14; 98-538, eff. 8-23-13; 98-756, eff. 7-16-14.)

Section 10. The Code of Criminal Procedure of 1963 is amended by adding Section 115-6.1 as follows:

(725 ILCS 5/115-6.1 new)

Sec. 115-6.1. Prostitution; affirmative defense.

(a) In prosecutions for prostitution, when the accused intends to raise at trial the affirmative defense provided in subsection (c-5) of Section 11-14 of the Criminal Code of 2012 and has reason to believe that the evidence presented in asserting that defense may jeopardize the safety of the accused, courtroom personnel, or others impacted by human trafficking, the accused may file under seal a motion for an in camera hearing to review the accused's safety concerns. Upon receipt of the motion and notice to the parties, the court shall conduct an in camera hearing, with counsel present, limited to review of potential safety concerns. The court shall not consider the merits of the affirmative defense during the in camera review.

(b) If the court finds that the assertion of an affirmative defense under subsection (c-5) of Section 11-14 of the Criminal Code of 2012 by the accused in open court could jeopardize the safety of the accused, court personnel, or other persons, the court may clear the courtroom with the agreement of the accused, order additional in camera hearings, seal the records, prohibit court personnel from disclosing the proceedings without prior court approval, or take any other appropriate measure that in the court's discretion will enhance the safety of the proceedings and ensure the accused a full and fair opportunity to assert his or her affirmative defense.

(c) Statements made by the accused during the in camera hearing to review safety concerns shall not be admissible against the accused for the crimes charged.

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