HB6195eng 96TH GENERAL ASSEMBLY

HB6195 Engrossed LRB096 19311 RLC 34702 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 changing Sections 11-14.1, 11-15, 11-15.1, 11-18, 11-18.1, and 11-19 and by adding Section 11-19.3 as follows:

(720 ILCS 5/11-14.1)

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

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

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

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

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

Sec. 11-15. Soliciting for a prostitute.

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

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

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

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

(b) Sentence. Soliciting for a prostitute is a Class 4 felony A misdemeanor. A person convicted of a second or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11-14, 11-17, 11-18, 11-18.1 and 11-19 of this Code is guilty of a Class 3 4 felony. When a person has one or more prior convictions, the information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge as a felony. The fact of such prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.

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

(c) (Blank). A peace officer who arrests a person for a violation of this Section may impound any vehicle used by the person in the commission of the offense. The person may recover the vehicle from the impound after a minimum of 2 hours after arrest upon payment of a fee of $200. The fee shall be distributed to the unit of government whose peace officers made the arrest for a violation of this Section. This $200 fee includes the costs incurred by the unit of government to tow the vehicle to the impound. Upon the presentation of a signed court order by the defendant whose vehicle was impounded showing that the defendant has been acquitted of the offense of soliciting for a prostitute or that the charges have been dismissed against the defendant for that offense, the municipality shall refund the $200 fee to the defendant.

(d) This Section does not apply to any person who could be otherwise subject to the provisions of Section 11-14 of this Code.

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

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

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

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

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

(c) Sentence.

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

(d) This Section does not apply to any person who could be otherwise subject to the provisions of Section 11-14 of this Code.

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

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

Sec. 11-18. Patronizing a prostitute.

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

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

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

(b) Sentence.

Patronizing a prostitute is a Class 4 felony A misdemeanor. A person convicted of a second or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11-14, 11-15, 11-17, 11-18.1 and 11-19 of this Code, is guilty of a Class 3 4 felony. When a person has one or more prior convictions, the information or indictment charging that person shall state such prior convictions so as to give notice of the State's intention to treat the charge as a felony. The fact of such conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.

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

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

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

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

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

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

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

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

Sec. 11-19. Pimping.

(a) Any person who receives any money, property, token, object, or article or anything of value from a prostitute, not for a lawful consideration, knowing it was earned in whole or in part from the practice of prostitution, commits pimping.

(b) Sentence.

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

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

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

(720 ILCS 5/11-19.3 new)

Sec. 11-19.3. Vehicle impoundment. A peace officer who arrests a person for a violation of Section 11-14.1, 11-15, 11-15.1, 11-18, 11-18.1, or 11-19 of this Code may impound any vehicle used by the person in the commission of the offense. A person charged with such violation shall be charged a $1,000 fee to be paid to the unit of government that impounded the vehicle. This fee includes the costs incurred by the unit of government to tow the vehicle to the impound. Five hundred dollars of the fee shall be distributed to the unit of government whose peace officers made the arrest for a violation of Section 11-14.1, 11-15, 11-15.1, 11-18, 11-18.1, or 11-19 of this Code. Five hundred dollars of this fee shall be deposited in the Violent Crime Victims Assistance Fund and shall be used by the Department of Human Services to make grants to non-governmental organizations for services provided to prostituted persons, persons encountered in the course of investigating a violation of Section 11-14.1, 11-15, 11-15.1, 11-18, 11-18.1, or 11-19 of this Code, and victims of human trafficking. Upon the presentation of a signed court order by the defendant whose vehicle was impounded showing that the defendant has been acquitted of any of the offenses described in this Section or that the charges have been dismissed against the defendant for that offense, the municipality shall refund the $1,000 fee to the defendant.