Full Text of SB1872 98th General Assembly
SB1872enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 11-14 as follows: | 6 | | (720 ILCS 5/11-14) (from Ch. 38, par. 11-14) | 7 | | Sec. 11-14. Prostitution. | 8 | | (a) Any person who knowingly performs, offers or agrees
to | 9 | | perform any act of sexual penetration as defined in Section | 10 | | 11-0.1 of
this Code for anything
of value, or any touching or | 11 | | fondling
of the sex organs of one person by another person, for
| 12 | | anything of value, for the purpose of sexual arousal or | 13 | | gratification commits
an act of prostitution. | 14 | | (b) Sentence. | 15 | | A violation of this Section is a Class A misdemeanor , | 16 | | unless committed within 1,000 feet of real property comprising | 17 | | a school, in which case it is a Class 4 felony. A second or | 18 | | subsequent violation of this Section, or any combination of | 19 | | convictions under this Section and Section 11-14.1 | 20 | | (solicitation of a sexual act), 11-14.3 (promoting | 21 | | prostitution), 11-14.4 (promoting juvenile prostitution), | 22 | | 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a | 23 | | juvenile prostitute), 11-16 (pandering), 11-17 (keeping a |
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| 1 | | place of prostitution), 11-17.1 (keeping a place of juvenile | 2 | | prostitution), 11-18 (patronizing a prostitute), 11-18.1 | 3 | | (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 | 4 | | (juvenile pimping or aggravated juvenile pimping), or 11-19.2 | 5 | | (exploitation of a child), is a Class 4 felony . | 6 | | (c) (Blank). First offender; felony prostitution. | 7 | | (1) Whenever any person who has not previously been | 8 | | convicted
of or placed on probation for felony prostitution | 9 | | or any law of the United States or of any other state | 10 | | relating to felony prostitution pleads guilty to or is | 11 | | found guilty of felony prostitution, the court, without | 12 | | entering a judgment and with the consent of such
person, | 13 | | may sentence the person to probation. | 14 | | (2) When a person is placed on probation, the court | 15 | | shall enter an order
specifying a period of probation of 24 | 16 | | months and shall defer further
proceedings in the case | 17 | | until the conclusion of the period or until the
filing of a | 18 | | petition alleging violation of a term or condition of | 19 | | probation. | 20 | | (3) The conditions of probation shall be that the | 21 | | person: (i) not
violate any criminal statute of any | 22 | | jurisdiction; (ii) refrain from
possessing a firearm or | 23 | | other dangerous weapon; (iii) submit to periodic drug
| 24 | | testing at a time and in a manner as ordered by the court, | 25 | | but no less than 3
times during the period of the | 26 | | probation, with the cost of the testing to be
paid by the |
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| 1 | | probationer; and (iv) perform no less than 30 hours of | 2 | | community
service, provided community service is available | 3 | | in the jurisdiction and is
funded
and approved by the | 4 | | county board. | 5 | | (4) The court may, in addition to other conditions, | 6 | | require that the person:
| 7 | | (A) make a report to and appear in person before or | 8 | | participate with the
court or such courts, person, or | 9 | | social service agency as directed by the
court in the | 10 | | order of probation; | 11 | | (B) pay a fine and costs; | 12 | | (C) work or pursue a course of study or vocational
| 13 | | training; | 14 | | (D) undergo medical or psychiatric treatment; or | 15 | | treatment or
rehabilitation by a provider approved by | 16 | | the Illinois Department of Human Services; | 17 | | (E) attend or reside in a facility established for | 18 | | the instruction or
residence of defendants on | 19 | | probation; | 20 | | (F) support his or her dependents;
| 21 | | (G) refrain from having in his or her body the | 22 | | presence of any illicit
drug prohibited by the Cannabis | 23 | | Control Act or the Illinois Controlled
Substances Act, | 24 | | unless prescribed by a physician, and submit samples of
| 25 | | his or her blood or urine or both for tests to | 26 | | determine the presence of any
illicit drug. |
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| 1 | | (5) Upon violation of a term or condition of probation, | 2 | | the court
may enter a judgment on its original finding of | 3 | | guilt and proceed as
otherwise provided. | 4 | | (6) Upon fulfillment of the terms and conditions of | 5 | | probation, the court
shall discharge the person and dismiss | 6 | | the proceedings against him or her.
| 7 | | (7) A disposition of probation is considered to be a | 8 | | conviction
for the purposes of imposing the conditions of | 9 | | probation and for appeal,
however, discharge and dismissal | 10 | | under this subsection is not a conviction for
purposes of | 11 | | this Code or for purposes of disqualifications or | 12 | | disabilities
imposed by law upon conviction of a crime. | 13 | | (8) There may be only one discharge and dismissal under | 14 | | this Section, Section 410 of the Illinois Controlled | 15 | | Substances Act, Section 70 of the Methamphetamine Control | 16 | | and Community Protection Act, Section 10 of the Cannabis | 17 | | Control Act, or Section 5-6-3.3 of the Unified Code of | 18 | | Corrections. | 19 | | (9) If a person is convicted of prostitution within 5 | 20 | | years
subsequent to a discharge and dismissal under this | 21 | | subsection, the discharge and
dismissal under this | 22 | | subsection shall be admissible in the sentencing | 23 | | proceeding
for that conviction
as evidence in aggravation. | 24 | | (d) Notwithstanding the foregoing, if it is determined, | 25 | | after a reasonable detention for investigative purposes, that a | 26 | | person suspected of or charged with a violation of this Section |
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| 1 | | is a person under the age of 18, that person shall be immune | 2 | | from prosecution for a prostitution offense under this Section, | 3 | | and shall be subject to the temporary protective custody | 4 | | provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of | 5 | | 1987. Pursuant to the provisions of Section 2-6 of the Juvenile | 6 | | Court Act of 1987, a law enforcement officer who takes a person | 7 | | under 18 years of age into custody under this Section shall | 8 | | immediately report an allegation of a violation of Section 10-9 | 9 | | of this Code to the Illinois Department of Children and Family | 10 | | Services State Central Register, which shall commence an | 11 | | initial investigation into child abuse or child neglect within | 12 | | 24 hours pursuant to Section 7.4 of the Abused and Neglected | 13 | | Child Reporting Act. | 14 | | (Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11; | 15 | | 97-1118, eff. 1-1-13.) | 16 | | Section 10. The Mental Health Court Treatment Act is | 17 | | amended by changing Section 20 as follows: | 18 | | (730 ILCS 168/20)
| 19 | | Sec. 20. Eligibility. | 20 | | (a) A defendant may be admitted into a mental health court | 21 | | program only upon the agreement of the prosecutor and the | 22 | | defendant and with the approval of the court. | 23 | | (b) A defendant shall be excluded from a mental health | 24 | | court program if any one of the following applies: |
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| 1 | | (1) The crime is a crime of violence as set forth in | 2 | | clause (3) of this subsection (b). | 3 | | (2) The defendant does not demonstrate a willingness to | 4 | | participate in a treatment program. | 5 | | (3) The defendant has been convicted of a crime of | 6 | | violence within the past 10 years excluding incarceration | 7 | | time, specifically first degree murder, second degree | 8 | | murder, predatory criminal sexual assault of a child, | 9 | | aggravated criminal sexual assault, criminal sexual | 10 | | assault, armed robbery, aggravated arson, arson, | 11 | | aggravated kidnapping, kidnapping, stalking, aggravated | 12 | | stalking, or any offense involving the discharge of a | 13 | | firearm. | 14 | | (4) (Blank).
| 15 | | (c) A defendant charged with prostitution under Section | 16 | | 11-14 of the Criminal Code of 2012 may be admitted into a | 17 | | mental health court program, which may include specialized | 18 | | service programs specifically designed to address the trauma | 19 | | associated with prostitution and human trafficking, if | 20 | | available in the jurisdiction and provided that the | 21 | | requirements in subsections (a) and (b) are satisfied. Judicial | 22 | | circuits establishing these specialized programs shall partner | 23 | | with prostitution and human trafficking advocates, survivors, | 24 | | and service providers in the development of the programs. | 25 | | (Source: P.A. 97-946, eff. 8-13-12.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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