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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | 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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| 26 | 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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| 32 | (1) make a report to and appear in person before or | ||||||
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| 1 | 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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| 6 | 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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| 13 | (7) refrain from having in his or her body the presence | ||||||
| 14 | of any illicit
drug prohibited by the Cannabis Control Act | ||||||
| 15 | or the Illinois Controlled
Substances Act, unless | ||||||
| 16 | prescribed by a physician, and submit samples of
his or her | ||||||
| 17 | blood or urine or both for tests to determine the presence | ||||||
| 18 | of any
illicit drug; | ||||||
| 19 | (8) and in addition, if a minor: | ||||||
| 20 | (i) reside with his or her parents or in a foster | ||||||
| 21 | home; | ||||||
| 22 | (ii) attend school; | ||||||
| 23 | (iii) attend a non-residential program for youth; | ||||||
| 24 | (iv) contribute to his or her own support at home | ||||||
| 25 | or in a foster home. | ||||||
| 26 | (e) Upon violation of a term or condition of probation, the | ||||||
| 27 | court
may enter a judgment on its original finding of guilt and | ||||||
| 28 | proceed as
otherwise provided. | ||||||
| 29 | (f) Upon fulfillment of the terms and conditions of | ||||||
| 30 | probation, the court
shall discharge the person and dismiss the | ||||||
| 31 | proceedings against him or her.
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| 32 | (g) A disposition of probation is considered to be a | ||||||
| 33 | conviction
for the purposes of imposing the conditions of | ||||||
| 34 | probation and for appeal,
however, discharge and dismissal | ||||||
| 35 | under this Section is not a conviction for
purposes of this Act | ||||||
| 36 | or for purposes of disqualifications or disabilities
imposed by | ||||||
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| 1 | law upon conviction of a crime. | ||||||
| 2 | (h) There may be only one discharge and dismissal under | ||||||
| 3 | this Section. | ||||||
| 4 | (i) If a person is convicted of prostitution within 5 years
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| 5 | subsequent to a discharge and dismissal under this Section, the | ||||||
| 6 | discharge and
dismissal under this Section shall be admissible | ||||||
| 7 | in the sentencing proceeding
for that conviction
as evidence in | ||||||
| 8 | aggravation.
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| 9 | Section 99. Effective date. This Act takes effect upon | ||||||
| 10 | becoming law.
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