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| Public Act 099-0109 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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
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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. | ||||
(c) (Blank).
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(c-5) It is an affirmative defense to a charge under this | ||||
Section that the accused engaged in or performed prostitution | ||||
as a result of being a victim of involuntary servitude or | ||||
trafficking in persons as defined in Section 10-9 of this Code. | ||||
(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. 97-1118, eff. 1-1-13; 98-164, eff. 1-1-14; | ||
98-538, eff. 8-23-13; 98-756, eff. 7-16-14.) | ||
Section 10. The Code of Criminal Procedure of 1963 is | ||
amended by adding Section 115-6.1 as follows: | ||
(725 ILCS 5/115-6.1 new) | ||
Sec. 115-6.1. Prostitution; affirmative defense. | ||
(a) In prosecutions for prostitution, when the accused | ||
intends to raise at trial the affirmative defense provided in | ||
subsection (c-5) of Section 11-14 of the Criminal Code of 2012 | ||
and has reason to believe that the evidence presented in | ||
asserting that defense may jeopardize the safety of the | ||
accused, courtroom personnel, or others impacted by human | ||
trafficking, the accused may file under seal a motion for an in | ||
camera hearing to review the accused's safety concerns. Upon | ||
receipt of the motion and notice to the parties, the court | ||
shall conduct an in camera hearing, with counsel present, | ||
limited to review of potential safety concerns. The court shall | ||
cause an official record of the in camera hearing to be made, | ||
which shall be kept under seal. The court shall not consider | ||
the merits of the affirmative defense during the in camera | ||
review. | ||
(b) If the court finds by a preponderance of the evidence | ||
that the assertion of an affirmative defense under subsection | ||
(c-5) of Section 11-14 of the Criminal Code of 2012 by the | ||
accused in open court would likely jeopardize the safety of the | ||
accused, court personnel, or other persons, the court may clear | ||
the courtroom with the agreement of the accused, order | ||
additional in camera hearings, seal the records, prohibit court | ||
personnel from disclosing the proceedings without prior court | ||
approval, or take any other appropriate measure that in the | ||
court's discretion will enhance the safety of the proceedings | ||
and ensure the accused a full and fair opportunity to assert | ||
his or her affirmative defense. | ||
(c) Statements made by the accused during the in camera | ||
hearing to review safety concerns shall not be admissible | ||
against the accused for the crimes charged.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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