Public Act 095-0255
SB0075 Enrolled LRB095 04906 RLC 24971 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 adding
Section 11-14.2 as follows:
    (720 ILCS 5/11-14.2 new)
    Sec. 11-14.2. First offender; felony prostitution.
    (a) 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
    (b) When a person is placed on probation, 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.
    (c) 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
    (d) The court may, in addition to other conditions, require
that the person:
        (1) make a report to and appear in person before or
    participate with the court or such courts, person, or
    social service agency as directed by the court in the order
    of probation;
        (2) pay a fine and costs;
        (3) work or pursue a course of study or vocational
        (4) undergo medical or psychiatric treatment; or
    treatment or rehabilitation by a provider approved by the
    Illinois Department of Human Services;
        (5) attend or reside in a facility established for the
    instruction or residence of defendants on probation;
        (6) support his or her dependents;
        (7) refrain from having in his or her body the presence
    of any illicit drug prohibited by the Cannabis Control Act
    or the Illinois Controlled Substances Act, unless
    prescribed by a physician, and submit samples of his or her
    blood or urine or both for tests to determine the presence
    of any illicit drug;
        (8) and in addition, if a minor:
            (i) reside with his or her parents or in a foster
            (ii) attend school;
            (iii) attend a non-residential program for youth;
            (iv) contribute to his or her own support at home
        or in a foster home.
    (e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
    (f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against him or her.
    (g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of this Act
or for purposes of disqualifications or disabilities imposed by
law upon conviction of a crime.
    (h) There may be only one discharge and dismissal under
this Section.
    (i) If a person is convicted of prostitution within 5 years
subsequent to a discharge and dismissal under this Section, the
discharge and dismissal under this Section shall be admissible
in the sentencing proceeding for that conviction as evidence in
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/17/2007