|
|
|
|
SB0075 Engrossed |
|
LRB095 04906 RLC 24971 b |
|
|
| 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 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 |
|
|
|
SB0075 Engrossed |
- 2 - |
LRB095 04906 RLC 24971 b |
|
|
| 1 |
| as ordered by the court, but no less than 3
times during the |
| 2 |
| period of the probation, with the cost of the testing to be
|
| 3 |
| paid by the probationer; and (4) perform no less than 30 hours |
| 4 |
| of community
service, provided community service is available |
| 5 |
| in the jurisdiction and is
funded
and approved by the county |
| 6 |
| board. |
| 7 |
| (d) The court may, in addition to other conditions, require |
| 8 |
| that the person:
|
| 9 |
| (1) make a report to and appear in person before or |
| 10 |
| participate with the
court or such courts, person, or |
| 11 |
| social service agency as directed by the
court in the order |
| 12 |
| of probation; |
| 13 |
| (2) pay a fine and costs; |
| 14 |
| (3) work or pursue a course of study or vocational
|
| 15 |
| training; |
| 16 |
| (4) undergo medical or psychiatric treatment; or |
| 17 |
| treatment or
rehabilitation by a provider approved by the |
| 18 |
| Illinois Department of Human Services; |
| 19 |
| (5) attend or reside in a facility established for the |
| 20 |
| instruction or
residence of defendants on probation; |
| 21 |
| (6) support his or her dependents;
|
| 22 |
| (7) refrain from having in his or her body the presence |
| 23 |
| of any illicit
drug prohibited by the Cannabis Control Act |
| 24 |
| or the Illinois Controlled
Substances Act, unless |
| 25 |
| prescribed by a physician, and submit samples of
his or her |
| 26 |
| blood or urine or both for tests to determine the presence |
|
|
|
SB0075 Engrossed |
- 3 - |
LRB095 04906 RLC 24971 b |
|
|
| 1 |
| of any
illicit drug; |
| 2 |
| (8) and in addition, if a minor: |
| 3 |
| (i) reside with his or her parents or in a foster |
| 4 |
| home; |
| 5 |
| (ii) attend school; |
| 6 |
| (iii) attend a non-residential program for youth; |
| 7 |
| (iv) contribute to his or her own support at home |
| 8 |
| or in a foster home. |
| 9 |
| (e) Upon violation of a term or condition of probation, the |
| 10 |
| court
may enter a judgment on its original finding of guilt and |
| 11 |
| proceed as
otherwise provided. |
| 12 |
| (f) Upon fulfillment of the terms and conditions of |
| 13 |
| probation, the court
shall discharge the person and dismiss the |
| 14 |
| proceedings against him or her.
|
| 15 |
| (g) A disposition of probation is considered to be a |
| 16 |
| conviction
for the purposes of imposing the conditions of |
| 17 |
| probation and for appeal,
however, discharge and dismissal |
| 18 |
| under this Section is not a conviction for
purposes of this Act |
| 19 |
| or for purposes of disqualifications or disabilities
imposed by |
| 20 |
| law upon conviction of a crime. |
| 21 |
| (h) There may be only one discharge and dismissal under |
| 22 |
| this Section. |
| 23 |
| (i) If a person is convicted of prostitution within 5 years
|
| 24 |
| subsequent to a discharge and dismissal under this Section, the |
| 25 |
| discharge and
dismissal under this Section shall be admissible |
| 26 |
| in the sentencing proceeding
for that conviction
as evidence in |