Illinois General Assembly - Full Text of Public Act 098-0538
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Public Act 098-0538





Public Act 098-0538
SB1872 EnrolledLRB098 08541 RLC 38653 b

    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 2012 is amended by changing
Section 11-14 as follows:
    (720 ILCS 5/11-14)  (from Ch. 38, par. 11-14)
    Sec. 11-14. Prostitution.
    (a) Any person who knowingly performs, offers or agrees to
perform any act of sexual penetration as defined in Section
11-0.1 of this Code for anything of value, or any touching or
fondling of the sex organs of one person by another person, for
anything of value, for the purpose of sexual arousal or
gratification commits an act of prostitution.
    (b) Sentence.
    A violation of this Section is a Class A misdemeanor,
unless committed within 1,000 feet of real property comprising
a school, in which case it is a Class 4 felony. A second or
subsequent violation of this Section, or any combination of
convictions under this Section and Section 11-14.1
(solicitation of a sexual act), 11-14.3 (promoting
prostitution), 11-14.4 (promoting juvenile prostitution),
11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a
juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
place of prostitution), 11-17.1 (keeping a place of juvenile
prostitution), 11-18 (patronizing a prostitute), 11-18.1
(patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1
(juvenile pimping or aggravated juvenile pimping), or 11-19.2
(exploitation of a child), is a Class 4 felony.
    (c) (Blank). First offender; felony prostitution.
        (1) 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.
        (2) 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
        (3) The conditions of probation shall be that the
    person: (i) not violate any criminal statute of any
    jurisdiction; (ii) refrain from possessing a firearm or
    other dangerous weapon; (iii) 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 (iv) 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.
        (4) The court may, in addition to other conditions,
    require that the person:
            (A) 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;
            (B) pay a fine and costs;
            (C) work or pursue a course of study or vocational
            (D) undergo medical or psychiatric treatment; or
        treatment or rehabilitation by a provider approved by
        the Illinois Department of Human Services;
            (E) attend or reside in a facility established for
        the instruction or residence of defendants on
            (F) support his or her dependents;
            (G) 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.
        (5) 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.
        (6) Upon fulfillment of the terms and conditions of
    probation, the court shall discharge the person and dismiss
    the proceedings against him or her.
        (7) 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 subsection is not a conviction for purposes of
    this Code or for purposes of disqualifications or
    disabilities imposed by law upon conviction of a crime.
        (8) There may be only one discharge and dismissal under
    this Section, Section 410 of the Illinois Controlled
    Substances Act, Section 70 of the Methamphetamine Control
    and Community Protection Act, Section 10 of the Cannabis
    Control Act, or Section 5-6-3.3 of the Unified Code of
        (9) If a person is convicted of prostitution within 5
    years subsequent to a discharge and dismissal under this
    subsection, the discharge and dismissal under this
    subsection shall be admissible in the sentencing
    proceeding for that conviction as evidence in aggravation.
    (d) Notwithstanding the foregoing, if it is determined,
after a reasonable detention for investigative purposes, that a
person suspected of or charged with a violation of this Section
is a person under the age of 18, that person shall be immune
from prosecution for a prostitution offense under this Section,
and shall be subject to the temporary protective custody
provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of
1987. Pursuant to the provisions of Section 2-6 of the Juvenile
Court Act of 1987, a law enforcement officer who takes a person
under 18 years of age into custody under this Section shall
immediately report an allegation of a violation of Section 10-9
of this Code to the Illinois Department of Children and Family
Services State Central Register, which shall commence an
initial investigation into child abuse or child neglect within
24 hours pursuant to Section 7.4 of the Abused and Neglected
Child Reporting Act.
(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11;
97-1118, eff. 1-1-13.)
    Section 10. The Mental Health Court Treatment Act is
amended by changing Section 20 as follows:
    (730 ILCS 168/20)
    Sec. 20. Eligibility.
    (a) A defendant may be admitted into a mental health court
program only upon the agreement of the prosecutor and the
defendant and with the approval of the court.
    (b) A defendant shall be excluded from a mental health
court program if any one of the following applies:
        (1) The crime is a crime of violence as set forth in
    clause (3) of this subsection (b).
        (2) The defendant does not demonstrate a willingness to
    participate in a treatment program.
        (3) The defendant has been convicted of a crime of
    violence within the past 10 years excluding incarceration
    time, specifically first degree murder, second degree
    murder, predatory criminal sexual assault of a child,
    aggravated criminal sexual assault, criminal sexual
    assault, armed robbery, aggravated arson, arson,
    aggravated kidnapping, kidnapping, stalking, aggravated
    stalking, or any offense involving the discharge of a
        (4) (Blank).
    (c) A defendant charged with prostitution under Section
11-14 of the Criminal Code of 2012 may be admitted into a
mental health court program, which may include specialized
service programs specifically designed to address the trauma
associated with prostitution and human trafficking, if
available in the jurisdiction and provided that the
requirements in subsections (a) and (b) are satisfied. Judicial
circuits establishing these specialized programs shall partner
with prostitution and human trafficking advocates, survivors,
and service providers in the development of the programs.
(Source: P.A. 97-946, eff. 8-13-12.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2013