Full Text of HB4885 94th General Assembly
HB4885ham003 94TH GENERAL ASSEMBLY
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Rep. Lovana Jones
Filed: 3/1/2006
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09400HB4885ham003 |
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LRB094 18448 RLC 56588 a |
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| AMENDMENT TO HOUSE BILL 4885
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| AMENDMENT NO. ______. Amend House Bill 4885 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by | 5 |
| changing Section 11-14 as follows:
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| (720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
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| Sec. 11-14. Prostitution.
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| (a) Any person who performs, offers or agrees
to perform | 9 |
| any act of sexual penetration as defined in Section 12-12 of
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| this Code for any money, property, token, object, or article or | 11 |
| anything
of value, or any touching or fondling
of the sex | 12 |
| organs of one person by another person, for any money,
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| property, token, object, or article or
anything of value, for | 14 |
| the purpose of sexual arousal or gratification commits
an act | 15 |
| of prostitution.
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| (b) Sentence.
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| Prostitution is a Class A misdemeanor.
A person convicted | 18 |
| of a second or
subsequent violation of this Section, or of any | 19 |
| combination of such number
of convictions under this Section | 20 |
| and Sections 11-15, 11-17,
11-18, 11-18.1
and
11-19 of this | 21 |
| Code is guilty of a Class 4 felony.
When a person has one or | 22 |
| more prior convictions, the information or
indictment charging | 23 |
| that
person shall state such prior conviction so as to give
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| notice of the
State's intention to treat the charge as a |
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09400HB4885ham003 |
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LRB094 18448 RLC 56588 a |
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| felony. The fact of such prior
conviction is not an element of | 2 |
| the offense and may not be
disclosed to
the jury during trial | 3 |
| unless otherwise permitted by issues properly raised
during | 4 |
| such trial.
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| (c) A person who violates this Section within 1,000 feet of | 6 |
| real property
comprising a school commits a Class 4 felony. | 7 |
| (d)(1) Whenever a person, not having been previously | 8 |
| convicted of felony prostitution, enters a plea of guilty or is | 9 |
| found guilty of misdemeanor prostitution, the court may enter | 10 |
| an order specifying a period of supervision of one year and may | 11 |
| defer further proceedings in the case until the conclusion of | 12 |
| the period or until the filing of a petition alleging violation | 13 |
| of a term or condition of supervision. | 14 |
| (2) The conditions of this supervision shall be that the | 15 |
| person: | 16 |
| (A) not violate any criminal statute of any | 17 |
| jurisdiction; | 18 |
| (B) submit to periodic drug testing, no less than 2 | 19 |
| times during the period of the supervision; | 20 |
| (C) participate in a drug assessment and if needed drug | 21 |
| treatment through county drug school, or the equivalent; | 22 |
| (D) participate in a mental health screening at an | 23 |
| approved service provider. | 24 |
| (3) Upon violation of a term or condition of supervision, | 25 |
| the court may enter a judgment on its original finding of guilt | 26 |
| and proceed as otherwise provided. | 27 |
| (4) There may be up to 2 deferred proceedings under this | 28 |
| Section. | 29 |
| (5) Upon fulfillment of the terms and conditions of | 30 |
| supervision, the court shall discharge the person and dismiss | 31 |
| the proceedings against him or her. | 32 |
| (6) The person must consent to receiving this supervision.
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| (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 91-696, | 34 |
| eff.
4-13-00.)".
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