State of Illinois
91st General Assembly
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Public Act 91-0498

HB1720 Enrolled                                LRB9103616RCks

    AN ACT to amend the Criminal Code  of  1961  by  changing
Sections 11-14, 11-15, 11-17, 11-18, and 11-19.

    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
changing  Sections  11-14,  11-15, 11-17, 11-18, and 11-19 as
follows:

    (720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
    Sec. 11-14.  Prostitution.
    (a)  Any person who performs, offers or agrees to perform
any act of sexual penetration as defined in Section 12-12  of
this  Code 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 commits an act
of prostitution.
    (b)  Sentence.
    Prostitution is a Class A misdemeanor. A person convicted
of a second third or subsequent violation of this Section, or
of any combination of such number of convictions  under  this
Section  and Sections 11-15 , 11-17, 11-18, 11-18.1 and 11-19
of this Code is shall be guilty of a Class 4 felony.  When  a
person  has  one 2 or more prior convictions, the information
or indictment charging that person  shall  state  such  prior
conviction  convictions  so  as to give notice of the State's
intention to treat the charge as a felony. The fact  of  such
prior conviction convictions is not an element of the offense
and  may  not  be  disclosed  to the jury during trial unless
otherwise permitted by issues  properly  raised  during  such
trial.
(Source: P.A. 88-680, eff. 1-1-95.)

    (720 ILCS 5/11-15) (from Ch. 38, par. 11-15)
    Sec. 11-15. Soliciting for a prostitute.
    (a)  Any  person  who  performs any of the following acts
commits soliciting for a prostitute:
         (1)  Solicits   another   for   the    purpose    of
    prostitution; or
         (2)  Arranges  or  offers  to  arrange  a meeting of
    persons for the purpose of prostitution; or
         (3)  Directs  another  to  a  place   knowing   such
    direction is for the purpose of prostitution.
    (b)  Sentence.  Soliciting  for a prostitute is a Class A
misdemeanor.  A  person  convicted  of  a  second  third   or
subsequent  violation  of this Section, or of any combination
of such number of convictions under this Section and Sections
11-14, 11-17, 11-18, 11-18.1 and 11-19 of this Code is  shall
be  guilty  of  a Class 4 felony.  When a person has one 2 or
more  prior  convictions,  the  information   or   indictment
charging  that  person  shall  state  such  prior  conviction
convictions  so as to give notice of the State's intention to
treat the charge  as  a  felony.   The  fact  of  such  prior
conviction  convictions  is not an element of the offense and
may  not  be  disclosed  to  the  jury  during  trial  unless
otherwise permitted by issues  properly  raised  during  such
trial.
    (c)  A peace officer who arrests a person for a violation
of this Section may impound any vehicle used by the person in
the  commission  of  the offense.  The person may recover the
vehicle from the impound after a minimum  of  2  hours  after
arrest  upon  payment  of  a  fee  of $200.  The fee shall be
distributed to the unit of government  whose  peace  officers
made  the  arrest for a violation of this Section.  This $200
fee includes the costs incurred by the unit of government  to
tow  the  vehicle  to the impound. Upon the presentation of a
signed  court  order  by  the  defendant  whose  vehicle  was
impounded showing that the defendant has  been  acquitted  of
the  offense  of  soliciting  for  a  prostitute  or that the
charges have been dismissed against the  defendant  for  that
offense,  the  municipality  shall refund the $200 fee to the
defendant.
(Source: P.A. 85-1447.)

    (720 ILCS 5/11-17) (from Ch. 38, par. 11-17)
    Sec. 11-17.  Keeping a Place  of  Prostitution.  (a)  Any
person who has or exercises control over the use of any place
which  could  offer  seclusion or shelter for the practice of
prostitution who performs any of the following acts  keeps  a
place of prostitution:
    (1)  Knowingly  grants  or  permits the use of such place
for the purpose of prostitution; or
    (2)  Grants or  permits  the  use  of  such  place  under
circumstances  from  which  he could reasonably know that the
place is used or is to be used for purposes of  prostitution;
or
    (3)  Permits  the continued use of a place after becoming
aware  of  facts  or  circumstances  from  which  he   should
reasonably  know that the place is being used for purposes of
prostitution.
    (b)  Sentence.
    Keeping a place of prostitution is a Class A misdemeanor.
A person convicted of a second third or subsequent  violation
of  this  Section,  or  of  any combination of such number of
convictions under this Section  and  Sections  11-14,  11-15,
11-18,  11-18.1 and 11-19 of this Code, is shall be guilty of
a Class 4 felony.  When a person has  one  2  or  more  prior
convictions,  the  information  or  indictment  charging that
person shall state such prior conviction convictions so as to
give notice of the State's intention to treat the charge as a
felony.  The fact of such conviction convictions  is  not  an
element  of  the offense and may not be disclosed to the jury
during trial unless otherwise permitted  by  issues  properly
raised during such trial.
(Source: P.A. 85-1447.)

    (720 ILCS 5/11-18) (from Ch. 38, par. 11-18)
    Sec. 11-18. Patronizing a prostitute.
    (a)  Any  person  who  performs any of the following acts
with a person not his or her spouse commits  the  offense  of
patronizing a prostitute:
         (1)  Engages  in  an  act  of  sexual penetration as
    defined in Section 12-12 of this Code with a  prostitute;
    or
         (2)  Enters  or  remains  in a place of prostitution
    with intent to engage in an act of sexual penetration  as
    defined in Section 12-12 of this Code.
    (b)  Sentence.
    Patronizing  a  prostitute  is  a  Class A misdemeanor. A
person convicted of a second third or subsequent violation of
this Section,  or  of  any  combination  of  such  number  of
convictions  under  this  Section  and Sections 11-14, 11-15,
11-17, 11-18.1 and 11-19 of this Code, is shall be guilty  of
a  Class  4  felony.   When  a person has one 2 or more prior
convictions, the  information  or  indictment  charging  that
person  shall  state  such  prior  convictions  so as to give
notice of the State's intention to  treat  the  charge  as  a
felony.   The  fact  of such conviction convictions is not an
element of the offense and may not be disclosed to  the  jury
during  trial  unless  otherwise permitted by issues properly
raised during such trial.
(Source: P.A. 88-325.)
    (720 ILCS 5/11-19) (from Ch. 38, par. 11-19)
    Sec. 11-19.  Pimping.
    (a)  Any person who receives any money, property,  token,
object,  or  article  or anything of value from a prostitute,
not for a lawful consideration,  knowing  it  was  earned  in
whole  or  in part from the practice of prostitution, commits
pimping.
    (b)  Sentence.
    Pimping is a Class A misdemeanor. A person convicted of a
second third or subsequent violation of this Section,  or  of
any  combination  of  such  number  of convictions under this
Section and Sections 11-14, 11-15, 11-17, 11-18  and  11-18.1
of  this Code is shall be guilty of a Class 4 felony.  When a
person has one 2 or more prior convictions,  the  information
or  indictment  charging  that  person shall state such prior
conviction convictions so as to give notice  of  the  State's
intention  to treat the charge as a felony.  The fact of such
conviction convictions is not an element of the  offense  and
may  not  be  disclosed  to  the  jury  during  trial  unless
otherwise  permitted  by  issues  properly raised during such
trial.
(Source: P.A. 88-680, eff. 1-1-95.)

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