Illinois General Assembly - Bill Status for HB6462

Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Provides that if it is determined, after a reasonable detention for investigative purposes, that a person suspected of or charged with prostitution is a person under the age of 18, that person shall be immune from prosecution for a prostitution offense and shall be subject to the temporary custody provisions of the Juvenile Court Act of 1987. Provides that there is a rebuttable presumption that any person under 18 years of age engaged in prostitution is abused or neglected within the meaning of the Juvenile Court Act of 1987 and that it is necessary to place that person in protective custody until a placement is found that is in the best interests of that person. Changes the age for various offenses that involve prostitution of minors to under 18 years of age. Changes the names of various such offenses. Amends the Code of Criminal Procedure of 1963. Provides that the State's Attorney may authorize, in writing, an ex parte application to the chief judge of a court of competent jurisdiction for an order authorizing the interception of a private communication when no party has consented to the interception and the interception may provide evidence of, or may assist in the apprehension of a person who has committed, is committing or is about to commit trafficking of persons and involuntary servitude, soliciting for a minor engaged in prostitution, pandering, keeping a place of juvenile prostitution, patronizing a minor engaged in prostitution), juvenile pimping and aggravated juvenile pimping, identity theft, conspiracy to commit a financial crime, forgery, or crimes involving fraudulent schemes and artifices. Effective immediately.

Provides that solicitation of a sexual act from a person who is under the age of 18 or who is severely or profoundly mentally retarded is a Class 2 felony. Provides that it is an affirmative defense to a charge of solicitation of a sexual act with a person who is under the age of 18 or who is severely or profoundly mentally retarded that the accused reasonably believed the person was of the age of 18 years or over or was not a severely or profoundly mentally retarded person at the time of the act giving rise to the charge.

Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended. Amends the Abused and Neglected Child Reporting Act. Adds to the definition of "abused child" a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent committed a sex offense against the child under the Wrongs to Children Act or who engaged in involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services upon the child. Amends the Juvenile Court Act of 1987. Changes the definition of "abused child" to include a parent or other adult household member or paramour of the child's parent to commit such offenses and also such adult who allows, encourages or requires a minor to commit any act of prostitution. Further amends the Criminal Code of 1961. Provides that a law enforcement officer who takes a person under 18 years of age into custody for prostitution shall immediately report an allegation of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services to the Illinois Department of Children and Family Services State Central Register, which shall conduct an initial investigation into child abuse or child neglect within 24 hours. Makes other changes. Effective immediately.

Makes a grammatical change in the bill. In the amendatory provisions of the Juvenile Court Act of 1987, changes the prima facie evidence of abuse or neglect. Provides that proof that a parent, custodian, or guardian of a minor allows, encourages, or requires a minor to perform, offer, or agree to perform any act of sexual penetration for any money, property, token, object, or article or anything of value, or any touching or fondling of the sex organs of one person by another person, for any money, property, token, object, or article or anything of value, for the purpose of sexual arousal or gratification, constitutes prima facie evidence of abuse and neglect. In the amendatory changes to the Code of Criminal Procedure of 1963 that permit the State's Attorney to apply to the chief judge to authorize the interception of private communications when no party has consented to the interception, deletes provisions that the interception may provide evidence of, or may assist in the apprehension of a person who has committed, is committing, or is about to commit identity theft, conspiracy to commit a financial crime, forgery, or fraudulent schemes and artifices.

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