|
|
||||
| Public Act 095-0255 |
||||
| ||||
| ||||
AN ACT concerning criminal law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Criminal Code of 1961 is amended by adding | ||||
Section 11-14.2 as follows: | ||||
(720 ILCS 5/11-14.2 new) | ||||
Sec. 11-14.2. First offender; felony prostitution. | ||||
(a) Whenever any person who has not previously been | ||||
convicted
of or placed on probation for felony prostitution or | ||||
any law of the United States or of any other state relating to | ||||
felony prostitution pleads guilty to or is found guilty of | ||||
felony prostitution, the court, without entering a judgment and | ||||
with the consent of such
person, may sentence the person to | ||||
probation. | ||||
(b) When a person is placed on probation, the court shall | ||||
enter an order
specifying a period of probation of 24 months | ||||
and shall defer further
proceedings in the case until the | ||||
conclusion of the period or until the
filing of a petition | ||||
alleging violation of a term or condition of probation. | ||||
(c) The conditions of probation shall be that the person: | ||||
(1) not
violate any criminal statute of any jurisdiction; (2) | ||||
refrain from
possessing a firearm or other dangerous weapon; | ||||
(3) submit to periodic drug
testing at a time and in a manner | ||||
as ordered by the court, but no less than 3
times during the | ||
period of the probation, with the cost of the testing to be
| ||
paid by the probationer; and (4) perform no less than 30 hours | ||
of community
service, provided community service is available | ||
in the jurisdiction and is
funded
and approved by the county | ||
board. | ||
(d) The court may, in addition to other conditions, require | ||
that the person:
| ||
(1) make a report to and appear in person before or | ||
participate with the
court or such courts, person, or | ||
social service agency as directed by the
court in the order | ||
of probation; | ||
(2) pay a fine and costs; | ||
(3) work or pursue a course of study or vocational
| ||
training; | ||
(4) undergo medical or psychiatric treatment; or | ||
treatment or
rehabilitation by a provider approved by the | ||
Illinois Department of Human Services; | ||
(5) attend or reside in a facility established for the | ||
instruction or
residence of defendants on probation; | ||
(6) support his or her dependents;
| ||
(7) refrain from having in his or her body the presence | ||
of any illicit
drug prohibited by the Cannabis Control Act | ||
or the Illinois Controlled
Substances Act, unless | ||
prescribed by a physician, and submit samples of
his or her | ||
blood or urine or both for tests to determine the presence | ||
of any
illicit drug; | ||
(8) and in addition, if a minor: | ||
(i) reside with his or her parents or in a foster | ||
home; | ||
(ii) attend school; | ||
(iii) attend a non-residential program for youth; | ||
(iv) contribute to his or her own support at home | ||
or in a foster home. | ||
(e) Upon violation of a term or condition of probation, the | ||
court
may enter a judgment on its original finding of guilt and | ||
proceed as
otherwise provided. | ||
(f) Upon fulfillment of the terms and conditions of | ||
probation, the court
shall discharge the person and dismiss the | ||
proceedings against him or her.
| ||
(g) A disposition of probation is considered to be a | ||
conviction
for the purposes of imposing the conditions of | ||
probation and for appeal,
however, discharge and dismissal | ||
under this Section is not a conviction for
purposes of this Act | ||
or for purposes of disqualifications or disabilities
imposed by | ||
law upon conviction of a crime. | ||
(h) There may be only one discharge and dismissal under | ||
this Section. | ||
(i) If a person is convicted of prostitution within 5 years
| ||
subsequent to a discharge and dismissal under this Section, the | ||
discharge and
dismissal under this Section shall be admissible | ||
in the sentencing proceeding
for that conviction
as evidence in | ||
aggravation.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||