Full Text of HB6195 96th General Assembly
HB6195eng 96TH GENERAL ASSEMBLY
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HB6195 Engrossed |
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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 | 5 |
| Sections 11-14.1, 11-15, 11-15.1, 11-18, 11-18.1, and 11-19 and | 6 |
| 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 | 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
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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 | 17 |
| 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 | 22 |
| commits soliciting
for a prostitute:
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HB6195 Engrossed |
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LRB096 19311 RLC 34702 b |
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| (1) Solicits another for the purpose of prostitution; | 2 |
| or
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| (2) Arranges or offers to arrange a meeting of persons | 4 |
| for the
purpose of prostitution; or
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| (3) Directs another to a place knowing such direction | 6 |
| is for the
purpose of prostitution.
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| (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
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| 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.
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| (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.
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| (c) (Blank). A peace officer who arrests a person for a | 24 |
| violation of this Section
may impound any vehicle used by the | 25 |
| person in the commission of the offense.
The person may recover | 26 |
| 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 | 2 |
| distributed to
the unit of government whose peace officers
made | 3 |
| the arrest for a
violation of this Section. This $200 fee | 4 |
| includes the costs incurred by the
unit of government to tow | 5 |
| the vehicle to the impound.
Upon the presentation of a signed | 6 |
| court order by the defendant whose vehicle
was impounded | 7 |
| 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 | 9 |
| dismissed against the
defendant for that offense, the | 10 |
| 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 | 12 |
| otherwise subject to the provisions of Section 11-14 of this | 13 |
| Code. | 14 |
| (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 92-16, | 15 |
| 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 | 19 |
| Section 11-15(a) of this Act commits
soliciting for a juvenile | 20 |
| prostitute where the prostitute for whom such
person is | 21 |
| soliciting is under 17 years of age or is a
severely or | 22 |
| profoundly mentally retarded person.
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| (b) It is an affirmative defense to a charge of soliciting | 24 |
| for a
juvenile prostitute that the accused reasonably believed | 25 |
| the person was of
the age of 17 years or over or was not a |
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LRB096 19311 RLC 34702 b |
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| severely
or
profoundly mentally retarded person at the time of | 2 |
| 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 | 6 |
| otherwise subject to the provisions of Section 11-14 of this | 7 |
| Code. | 8 |
| (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 | 12 |
| a person
not his or her spouse commits the offense of | 13 |
| patronizing a prostitute:
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| (1) Engages in an act of sexual penetration as defined | 15 |
| 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 | 17 |
| intent to
engage in an act of sexual penetration as defined | 18 |
| 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 | 22 |
| Section, or
of any
combination of such number of convictions | 23 |
| under this Section and Sections
11-14, 11-15, 11-17, 11-18.1 | 24 |
| and 11-19 of this Code, is guilty of a Class 3 4
felony. When a | 25 |
| person has one or more prior convictions, the information or
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LRB096 19311 RLC 34702 b |
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| indictment charging that person shall state such prior | 2 |
| convictions so as to
give notice of the State's intention to | 3 |
| treat the charge as a felony. The fact
of such conviction is | 4 |
| not an element of the offense and may
not be disclosed
to the | 5 |
| jury during trial unless otherwise permitted by issues properly | 6 |
| raised
during such trial.
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| (c) A person who violates this Section within 1,000 feet of | 8 |
| 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, | 10 |
| 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 | 13 |
| person who
engages in an act of sexual penetration as defined | 14 |
| in Section 12-12 of this
Code with a prostitute under 17 years | 15 |
| of age commits the offense of
patronizing a juvenile | 16 |
| prostitute.
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| (b) It is an affirmative defense to the charge of | 18 |
| patronizing a
juvenile prostitute that the accused reasonably | 19 |
| believed that the person
was of the age of 17 years or over at | 20 |
| the time of the act giving rise to
the charge.
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| (c) Sentence.
A person who commits patronizing a juvenile | 22 |
| 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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LRB096 19311 RLC 34702 b |
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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 | 4 |
| for a lawful consideration, knowing it was earned in whole or | 5 |
| 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 | 8 |
| 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 | 10 |
| Section and
Sections 11-14, 11-15, 11-17, 11-18 and 11-18.1 of | 11 |
| this Code is guilty of a
Class 3 4 felony. When a person has one | 12 |
| or more prior
convictions, the information or indictment | 13 |
| charging that person shall state
such prior conviction so as to | 14 |
| give notice of the State's
intention to
treat the charge as a | 15 |
| felony. The fact of such conviction
is not an
element of the | 16 |
| offense and may not be disclosed to the jury during trial
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| unless otherwise permitted by issues properly raised during | 18 |
| such trial.
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| (c) A person who violates this Section within 1,000 feet of | 20 |
| 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, | 22 |
| eff.
4-13-00.)
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| (720 ILCS 5/11-19.3 new) | 24 |
| Sec. 11-19.3. Vehicle impoundment. A peace officer who | 25 |
| arrests a person for a violation of Section 11-14.1, 11-15,
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HB6195 Engrossed |
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LRB096 19311 RLC 34702 b |
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| 11-15.1, 11-18, 11-18.1, or 11-19 of this Code may impound any | 2 |
| vehicle used by the person in the commission of the offense.
A | 3 |
| person charged with such violation shall be charged a $1,000 | 4 |
| fee to be paid to the unit of government that impounded the | 5 |
| vehicle. This fee includes the costs incurred by the
unit of | 6 |
| government to tow the vehicle to the impound.
Five hundred | 7 |
| dollars of the fee shall be distributed to
the unit of | 8 |
| government whose peace officers
made the arrest for a
violation | 9 |
| of Section 11-14.1, 11-15,
11-15.1, 11-18, 11-18.1, or 11-19 of | 10 |
| this Code. Five hundred dollars of this fee shall be deposited | 11 |
| in the Violent Crime Victims Assistance Fund and shall be used | 12 |
| by the Department of Human Services to make grants to | 13 |
| non-governmental organizations for services provided to | 14 |
| prostituted persons, persons encountered in the course of | 15 |
| investigating a violation of Section 11-14.1, 11-15,
11-15.1, | 16 |
| 11-18, 11-18.1, or 11-19 of this Code, and victims of human | 17 |
| trafficking. Upon the presentation of a signed court order by | 18 |
| the defendant whose vehicle
was impounded showing that the | 19 |
| defendant has been acquitted of any of the offenses described | 20 |
| in this Section or that the charges have been dismissed against | 21 |
| the
defendant for that offense, the municipality shall refund | 22 |
| the $1,000 fee to the
defendant.
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