SB1872 EngrossedLRB098 08541 RLC 38653 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 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
9perform any act of sexual penetration as defined in Section
1011-0.1 of this Code for anything of value, or any touching or
11fondling of the sex organs of one person by another person, for
12anything of value, for the purpose of sexual arousal or
13gratification commits an act of prostitution.
14    (b) Sentence.
15    A violation of this Section is a Class A misdemeanor,
16unless committed within 1,000 feet of real property comprising
17a school, in which case it is a Class 4 felony. A second or
18subsequent violation of this Section, or any combination of
19convictions under this Section and Section 11-14.1
20(solicitation of a sexual act), 11-14.3 (promoting
21prostitution), 11-14.4 (promoting juvenile prostitution),
2211-15 (soliciting for a prostitute), 11-15.1 (soliciting for a
23juvenile prostitute), 11-16 (pandering), 11-17 (keeping a



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1place of prostitution), 11-17.1 (keeping a place of juvenile
2prostitution), 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
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:
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
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;
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
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.
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,
25after a reasonable detention for investigative purposes, that a
26person suspected of or charged with a violation of this Section



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1is a person under the age of 18, that person shall be immune
2from prosecution for a prostitution offense under this Section,
3and shall be subject to the temporary protective custody
4provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of
51987. Pursuant to the provisions of Section 2-6 of the Juvenile
6Court Act of 1987, a law enforcement officer who takes a person
7under 18 years of age into custody under this Section shall
8immediately report an allegation of a violation of Section 10-9
9of this Code to the Illinois Department of Children and Family
10Services State Central Register, which shall commence an
11initial investigation into child abuse or child neglect within
1224 hours pursuant to Section 7.4 of the Abused and Neglected
13Child Reporting Act.
14(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11;
1597-1118, eff. 1-1-13.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.