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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 2012 is amended by changing |
5 | | Section 11-14 as follows: |
6 | | (720 ILCS 5/11-14) (from Ch. 38, par. 11-14) |
7 | | Sec. 11-14. Prostitution. |
8 | | (a) Any person who knowingly performs, offers or agrees
to |
9 | | perform any act of sexual penetration as defined in Section |
10 | | 11-0.1 of
this Code for anything
of value, or any touching or |
11 | | fondling
of the sex organs of one person by another person, for
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12 | | anything of value, for the purpose of sexual arousal or |
13 | | gratification commits
an act of prostitution. |
14 | | (b) Sentence. |
15 | | A violation of this Section is a Class A misdemeanor , |
16 | | unless committed within 1,000 feet of real property comprising |
17 | | a school, in which case it is a Class 4 felony. A second or |
18 | | subsequent violation of this Section, or any combination of |
19 | | convictions under this Section and Section 11-14.1 |
20 | | (solicitation of a sexual act), 11-14.3 (promoting |
21 | | prostitution), 11-14.4 (promoting juvenile prostitution), |
22 | | 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a |
23 | | juvenile prostitute), 11-16 (pandering), 11-17 (keeping a |
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1 | | place of prostitution), 11-17.1 (keeping a place of juvenile |
2 | | prostitution), 11-18 (patronizing a prostitute), 11-18.1 |
3 | | (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 |
4 | | (juvenile pimping or aggravated juvenile pimping), or 11-19.2 |
5 | | (exploitation of a child), is a Class 4 felony . |
6 | | (c) (Blank). First offender; felony prostitution. |
7 | | (1) Whenever any person who has not previously been |
8 | | convicted
of or placed on probation for felony prostitution |
9 | | or any law of the United States or of any other state |
10 | | relating to felony prostitution pleads guilty to or is |
11 | | found guilty of felony prostitution, the court, without |
12 | | entering a judgment and with the consent of such
person, |
13 | | may sentence the person to probation. |
14 | | (2) When a person is placed on probation, the court |
15 | | shall enter an order
specifying a period of probation of 24 |
16 | | months and shall defer further
proceedings in the case |
17 | | until the conclusion of the period or until the
filing of a |
18 | | petition alleging violation of a term or condition of |
19 | | probation. |
20 | | (3) The conditions of probation shall be that the |
21 | | person: (i) not
violate any criminal statute of any |
22 | | jurisdiction; (ii) refrain from
possessing a firearm or |
23 | | other dangerous weapon; (iii) submit to periodic drug
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24 | | testing at a time and in a manner as ordered by the court, |
25 | | but no less than 3
times during the period of the |
26 | | probation, with the cost of the testing to be
paid by the |
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1 | | probationer; and (iv) perform no less than 30 hours of |
2 | | community
service, provided community service is available |
3 | | in the jurisdiction and is
funded
and approved by the |
4 | | county board. |
5 | | (4) The court may, in addition to other conditions, |
6 | | require that the person:
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7 | | (A) make a report to and appear in person before or |
8 | | participate with the
court or such courts, person, or |
9 | | social service agency as directed by the
court in the |
10 | | order of probation; |
11 | | (B) pay a fine and costs; |
12 | | (C) work or pursue a course of study or vocational
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13 | | training; |
14 | | (D) undergo medical or psychiatric treatment; or |
15 | | treatment or
rehabilitation by a provider approved by |
16 | | the Illinois Department of Human Services; |
17 | | (E) attend or reside in a facility established for |
18 | | the instruction or
residence of defendants on |
19 | | probation; |
20 | | (F) support his or her dependents;
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21 | | (G) refrain from having in his or her body the |
22 | | presence of any illicit
drug prohibited by the Cannabis |
23 | | Control Act or the Illinois Controlled
Substances Act, |
24 | | unless prescribed by a physician, and submit samples of
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25 | | his or her blood or urine or both for tests to |
26 | | determine the presence of any
illicit drug. |
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1 | | (5) Upon violation of a term or condition of probation, |
2 | | the court
may enter a judgment on its original finding of |
3 | | guilt and proceed as
otherwise provided. |
4 | | (6) Upon fulfillment of the terms and conditions of |
5 | | probation, the court
shall discharge the person and dismiss |
6 | | the proceedings against him or her.
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7 | | (7) A disposition of probation is considered to be a |
8 | | conviction
for the purposes of imposing the conditions of |
9 | | probation and for appeal,
however, discharge and dismissal |
10 | | under this subsection is not a conviction for
purposes of |
11 | | this Code or for purposes of disqualifications or |
12 | | disabilities
imposed by law upon conviction of a crime. |
13 | | (8) There may be only one discharge and dismissal under |
14 | | this Section, Section 410 of the Illinois Controlled |
15 | | Substances Act, Section 70 of the Methamphetamine Control |
16 | | and Community Protection Act, Section 10 of the Cannabis |
17 | | Control Act, or Section 5-6-3.3 of the Unified Code of |
18 | | Corrections. |
19 | | (9) If a person is convicted of prostitution within 5 |
20 | | years
subsequent to a discharge and dismissal under this |
21 | | subsection, the discharge and
dismissal under this |
22 | | subsection shall be admissible in the sentencing |
23 | | proceeding
for that conviction
as evidence in aggravation. |
24 | | (d) Notwithstanding the foregoing, if it is determined, |
25 | | after a reasonable detention for investigative purposes, that a |
26 | | person suspected of or charged with a violation of this Section |
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1 | | is a person under the age of 18, that person shall be immune |
2 | | from prosecution for a prostitution offense under this Section, |
3 | | and shall be subject to the temporary protective custody |
4 | | provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of |
5 | | 1987. Pursuant to the provisions of Section 2-6 of the Juvenile |
6 | | Court Act of 1987, a law enforcement officer who takes a person |
7 | | under 18 years of age into custody under this Section shall |
8 | | immediately report an allegation of a violation of Section 10-9 |
9 | | of this Code to the Illinois Department of Children and Family |
10 | | Services State Central Register, which shall commence an |
11 | | initial investigation into child abuse or child neglect within |
12 | | 24 hours pursuant to Section 7.4 of the Abused and Neglected |
13 | | Child Reporting Act. |
14 | | (Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11; |
15 | | 97-1118, eff. 1-1-13.) |
16 | | Section 10. The Mental Health Court Treatment Act is |
17 | | amended by changing Section 20 as follows: |
18 | | (730 ILCS 168/20)
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19 | | Sec. 20. Eligibility. |
20 | | (a) A defendant may be admitted into a mental health court |
21 | | program only upon the agreement of the prosecutor and the |
22 | | defendant and with the approval of the court. |
23 | | (b) A defendant shall be excluded from a mental health |
24 | | court program if any one of the following applies: |
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1 | | (1) The crime is a crime of violence as set forth in |
2 | | clause (3) of this subsection (b). |
3 | | (2) The defendant does not demonstrate a willingness to |
4 | | participate in a treatment program. |
5 | | (3) The defendant has been convicted of a crime of |
6 | | violence within the past 10 years excluding incarceration |
7 | | time, specifically first degree murder, second degree |
8 | | murder, predatory criminal sexual assault of a child, |
9 | | aggravated criminal sexual assault, criminal sexual |
10 | | assault, armed robbery, aggravated arson, arson, |
11 | | aggravated kidnapping, kidnapping, stalking, aggravated |
12 | | stalking, or any offense involving the discharge of a |
13 | | firearm. |
14 | | (4) (Blank).
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15 | | (c) A defendant charged with prostitution under Section |
16 | | 11-14 of the Criminal Code of 2012 may be admitted into a |
17 | | mental health court program, which may include specialized |
18 | | service programs specifically designed to address the trauma |
19 | | associated with prostitution and human trafficking, if |
20 | | available in the jurisdiction and provided that the |
21 | | requirements in subsections (a) and (b) are satisfied. Judicial |
22 | | circuits establishing these specialized programs shall partner |
23 | | with prostitution and human trafficking advocates, survivors, |
24 | | and service providers in the development of the programs. |
25 | | (Source: P.A. 97-946, eff. 8-13-12.)
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26 | | Section 99. Effective date. This Act takes effect upon |