Sen. John G. Mulroe

Filed: 3/1/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1872 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Criminal Code of 2012 is amended by
5changing 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
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



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1a school, in which case it is a Class 4 felony. A second or
2subsequent violation of this Section, or any combination of
3convictions under this Section and Section 11-14.1
4(solicitation of a sexual act), 11-14.3 (promoting
5prostitution), 11-14.4 (promoting juvenile prostitution),
611-15 (soliciting for a prostitute), 11-15.1 (soliciting for a
7juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
8place of prostitution), 11-17.1 (keeping a place of juvenile
9prostitution), 11-18 (patronizing a prostitute), 11-18.1
10(patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1
11(juvenile pimping or aggravated juvenile pimping), or 11-19.2
12(exploitation of a child), is a Class 4 felony.
13    (c) (Blank). First offender; felony prostitution.
14        (1) Whenever any person who has not previously been
15    convicted of or placed on probation for felony prostitution
16    or any law of the United States or of any other state
17    relating to felony prostitution pleads guilty to or is
18    found guilty of felony prostitution, the court, without
19    entering a judgment and with the consent of such person,
20    may sentence the person to probation.
21        (2) When a person is placed on probation, the court
22    shall enter an order specifying a period of probation of 24
23    months and shall defer further proceedings in the case
24    until the conclusion of the period or until the filing of a
25    petition alleging violation of a term or condition of
26    probation.



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1        (3) The conditions of probation shall be that the
2    person: (i) not violate any criminal statute of any
3    jurisdiction; (ii) refrain from possessing a firearm or
4    other dangerous weapon; (iii) submit to periodic drug
5    testing at a time and in a manner as ordered by the court,
6    but no less than 3 times during the period of the
7    probation, with the cost of the testing to be paid by the
8    probationer; and (iv) perform no less than 30 hours of
9    community service, provided community service is available
10    in the jurisdiction and is funded and approved by the
11    county board.
12        (4) The court may, in addition to other conditions,
13    require that the person:
14            (A) make a report to and appear in person before or
15        participate with the court or such courts, person, or
16        social service agency as directed by the court in the
17        order of probation;
18            (B) pay a fine and costs;
19            (C) work or pursue a course of study or vocational
20        training;
21            (D) undergo medical or psychiatric treatment; or
22        treatment or rehabilitation by a provider approved by
23        the Illinois Department of Human Services;
24            (E) attend or reside in a facility established for
25        the instruction or residence of defendants on
26        probation;



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1            (F) support his or her dependents;
2            (G) refrain from having in his or her body the
3        presence of any illicit drug prohibited by the Cannabis
4        Control Act or the Illinois Controlled Substances Act,
5        unless prescribed by a physician, and submit samples of
6        his or her blood or urine or both for tests to
7        determine the presence of any illicit drug.
8        (5) Upon violation of a term or condition of probation,
9    the court may enter a judgment on its original finding of
10    guilt and proceed as otherwise provided.
11        (6) Upon fulfillment of the terms and conditions of
12    probation, the court shall discharge the person and dismiss
13    the proceedings against him or her.
14        (7) A disposition of probation is considered to be a
15    conviction for the purposes of imposing the conditions of
16    probation and for appeal, however, discharge and dismissal
17    under this subsection is not a conviction for purposes of
18    this Code or for purposes of disqualifications or
19    disabilities imposed by law upon conviction of a crime.
20        (8) There may be only one discharge and dismissal under
21    this Section, Section 410 of the Illinois Controlled
22    Substances Act, Section 70 of the Methamphetamine Control
23    and Community Protection Act, Section 10 of the Cannabis
24    Control Act, or Section 5-6-3.3 of the Unified Code of
25    Corrections.
26        (9) If a person is convicted of prostitution within 5



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1    years subsequent to a discharge and dismissal under this
2    subsection, the discharge and dismissal under this
3    subsection shall be admissible in the sentencing
4    proceeding for that conviction as evidence in aggravation.
5    (d) Notwithstanding the foregoing, if it is determined,
6after a reasonable detention for investigative purposes, that a
7person suspected of or charged with a violation of this Section
8is a person under the age of 18, that person shall be immune
9from prosecution for a prostitution offense under this Section,
10and shall be subject to the temporary protective custody
11provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of
121987. Pursuant to the provisions of Section 2-6 of the Juvenile
13Court Act of 1987, a law enforcement officer who takes a person
14under 18 years of age into custody under this Section shall
15immediately report an allegation of a violation of Section 10-9
16of this Code to the Illinois Department of Children and Family
17Services State Central Register, which shall commence an
18initial investigation into child abuse or child neglect within
1924 hours pursuant to Section 7.4 of the Abused and Neglected
20Child Reporting Act.
21(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11;
2297-1118, eff. 1-1-13.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".