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Rep. Lovana Jones
Filed: 3/1/2006
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09400HB4885ham003 |
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LRB094 18448 RLC 56588 a |
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| AMENDMENT TO HOUSE BILL 4885
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| AMENDMENT NO. ______. Amend House Bill 4885 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by |
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| changing Section 11-14 as follows:
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| (720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
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| Sec. 11-14. Prostitution.
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| (a) Any person who performs, offers or agrees
to perform |
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| any act of sexual penetration as defined in Section 12-12 of
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| this Code for any money, property, token, object, or article or |
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| anything
of value, or any touching or fondling
of the sex |
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| organs of one person by another person, for any money,
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| property, token, object, or article or
anything of value, for |
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| the purpose of sexual arousal or gratification commits
an act |
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| of prostitution.
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| (b) Sentence.
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| Prostitution is a Class A misdemeanor.
A person convicted |
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| of a second or
subsequent violation of this Section, or of any |
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| combination of such number
of convictions under this Section |
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| and Sections 11-15, 11-17,
11-18, 11-18.1
and
11-19 of this |
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| Code is guilty of a Class 4 felony.
When a person has one or |
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| more prior convictions, the information or
indictment charging |
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| that
person shall state such prior conviction so as to give
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| notice of the
State's intention to treat the charge as a |
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09400HB4885ham003 |
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LRB094 18448 RLC 56588 a |
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| felony. The fact of such prior
conviction is not an element of |
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| the offense and may not be
disclosed to
the jury during trial |
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| unless otherwise permitted by issues properly raised
during |
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| such trial.
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| (c) A person who violates this Section within 1,000 feet of |
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| real property
comprising a school commits a Class 4 felony. |
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| (d)(1) Whenever a person, not having been previously |
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| convicted of felony prostitution, enters a plea of guilty or is |
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| found guilty of misdemeanor prostitution, the court may enter |
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| an order specifying a period of supervision of one year and may |
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| defer further proceedings in the case until the conclusion of |
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| the period or until the filing of a petition alleging violation |
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| of a term or condition of supervision. |
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| (2) The conditions of this supervision shall be that the |
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| person: |
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| (A) not violate any criminal statute of any |
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| jurisdiction; |
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| (B) submit to periodic drug testing, no less than 2 |
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| times during the period of the supervision; |
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| (C) participate in a drug assessment and if needed drug |
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| treatment through county drug school, or the equivalent; |
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| (D) participate in a mental health screening at an |
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| approved service provider. |
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| (3) Upon violation of a term or condition of supervision, |
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| the court may enter a judgment on its original finding of guilt |
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| and proceed as otherwise provided. |
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| (4) There may be up to 2 deferred proceedings under this |
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| Section. |
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| (5) Upon fulfillment of the terms and conditions of |
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| supervision, the court shall discharge the person and dismiss |
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| the proceedings against him or her. |
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| (6) The person must consent to receiving this supervision.
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| (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 91-696, |
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| eff.
4-13-00.)".
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