Full Text of HB4599 94th General Assembly
HB4599 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4599
Introduced 01/11/06, by Rep. William Delgado SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 1961. Provides that whenever any person who has not previously been convicted
of or placed on probation for felony prostitution or any law of the United States or of any other state relating to felony prostitution pleads guilty to or is found guilty of felony prostitution, the court, without entering a judgment and with the consent of such
person, may sentence the person to probation. Provides that when a person is placed on probation for felony prostitution, the court shall enter an order
specifying a period of probation of 24 months and shall defer further
proceedings in the case until the conclusion of the period or until the
filing of a petition alleging violation of a term or condition of probation. Provides that the conditions of probation shall be that the person: (1) not
violate any criminal statute of any jurisdiction; (2) refrain from
possessing a firearm or other dangerous weapon; (3) submit to periodic drug
testing at a time and in a manner as ordered by the court, but no less than 3
times during the period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours of community
service, provided community service is available in the jurisdiction and is
funded
and approved by the county board. Provides that the court may impose other conditions of probation. Provides that upon fulfillment of the terms and conditions of probation, the court
shall discharge the person and dismiss the proceedings against him or her. Provides that there may be only one discharge and dismissal under this provision. Provides that if a person is convicted of prostitution within 5 years
subsequent to a discharge and dismissal under this provision, the discharge and
dismissal shall be admissible in the sentencing proceeding
for that conviction
as evidence in aggravation.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4599 |
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LRB094 18160 RLC 53469 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 adding | 5 |
| Section 11-14.2 as follows: | 6 |
| (720 ILCS 5/11-14.2 new) | 7 |
| Sec. 11-14.2. First offender; felony prostitution. | 8 |
| (a) Whenever any person who has not previously been | 9 |
| convicted
of or placed on probation for felony prostitution or | 10 |
| any law of the United States or of any other state relating to | 11 |
| felony prostitution pleads guilty to or is found guilty of | 12 |
| felony prostitution, the court, without entering a judgment and | 13 |
| with the consent of such
person, may sentence the person to | 14 |
| probation. | 15 |
| (b) When a person is placed on probation, the court shall | 16 |
| enter an order
specifying a period of probation of 24 months | 17 |
| and shall defer further
proceedings in the case until the | 18 |
| conclusion of the period or until the
filing of a petition | 19 |
| alleging violation of a term or condition of probation. | 20 |
| (c) The conditions of probation shall be that the person: | 21 |
| (1) not
violate any criminal statute of any jurisdiction; (2) | 22 |
| refrain from
possessing a firearm or other dangerous weapon; | 23 |
| (3) submit to periodic drug
testing at a time and in a manner | 24 |
| as ordered by the court, but no less than 3
times during the | 25 |
| period of the probation, with the cost of the testing to be
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| paid by the probationer; and (4) perform no less than 30 hours | 27 |
| of community
service, provided community service is available | 28 |
| in the jurisdiction and is
funded
and approved by the county | 29 |
| board. | 30 |
| (d) The court may, in addition to other conditions, require | 31 |
| that the person:
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| (1) make a report to and appear in person before or |
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HB4599 |
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LRB094 18160 RLC 53469 b |
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| participate with the
court or such courts, person, or | 2 |
| social service agency as directed by the
court in the order | 3 |
| of probation; | 4 |
| (2) pay a fine and costs; | 5 |
| (3) work or pursue a course of study or vocational
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| training; | 7 |
| (4) undergo medical or psychiatric treatment; or | 8 |
| treatment or
rehabilitation by a provider approved by the | 9 |
| Illinois Department of Human Services; | 10 |
| (5) attend or reside in a facility established for the | 11 |
| instruction or
residence of defendants on probation; | 12 |
| (6) support his or her dependents;
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| (7) refrain from having in his or her body the presence | 14 |
| of any illicit
drug prohibited by the Cannabis Control Act, | 15 |
| the Methamphetamine Control and Community Protection Act, | 16 |
| or the Illinois Controlled
Substances Act, unless | 17 |
| prescribed by a physician, and submit samples of
his or her | 18 |
| blood or urine or both for tests to determine the presence | 19 |
| of any
illicit drug; | 20 |
| (8) and in addition, if a minor: | 21 |
| (i) reside with his or her parents or in a foster | 22 |
| home; | 23 |
| (ii) attend school; | 24 |
| (iii) attend a non-residential program for youth; | 25 |
| (iv) contribute to his or her own support at home | 26 |
| or in a foster home. | 27 |
| (e) Upon violation of a term or condition of probation, the | 28 |
| court
may enter a judgment on its original finding of guilt and | 29 |
| proceed as
otherwise provided. | 30 |
| (f) Upon fulfillment of the terms and conditions of | 31 |
| probation, the court
shall discharge the person and dismiss the | 32 |
| proceedings against him or her.
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| (g) A disposition of probation is considered to be a | 34 |
| conviction
for the purposes of imposing the conditions of | 35 |
| probation and for appeal,
however, discharge and dismissal | 36 |
| under this Section is not a conviction for
purposes of this Act |
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HB4599 |
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LRB094 18160 RLC 53469 b |
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| or for purposes of disqualifications or disabilities
imposed by | 2 |
| law upon conviction of a crime. | 3 |
| (h) There may be only one discharge and dismissal under | 4 |
| this Section. | 5 |
| (i) If a person is convicted of prostitution within 5 years
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| subsequent to a discharge and dismissal under this Section, the | 7 |
| discharge and
dismissal under this Section shall be admissible | 8 |
| in the sentencing proceeding
for that conviction
as evidence in | 9 |
| aggravation.
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