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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||
5 | 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 | ||||||
9 | perform any act of sexual penetration as defined in Section | ||||||
10 | 11-0.1 of
this Code for anything
of value, or any touching or | ||||||
11 | fondling
of the sex organs of one person by another person, for
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12 | anything of value, for the purpose of sexual arousal or | ||||||
13 | gratification commits
an act of prostitution. | ||||||
14 | (b) Sentence. A violation of this Section is a Class A | ||||||
15 | misdemeanor. | ||||||
16 | (c) (Blank).
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17 | (c-5) It is an affirmative defense to a charge under this | ||||||
18 | Section that the accused engaged in or performed prostitution | ||||||
19 | as a result of being a victim of involuntary servitude or | ||||||
20 | trafficking in persons as defined in Section 10-9 of this Code. | ||||||
21 | (d) Notwithstanding the foregoing, if it is determined, | ||||||
22 | after a reasonable detention for investigative purposes, that a | ||||||
23 | person suspected of or charged with a violation of this Section |
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1 | is a person under the age of 18, that person shall be immune | ||||||
2 | from prosecution for a prostitution offense under this Section, | ||||||
3 | and shall be subject to the temporary protective custody | ||||||
4 | provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of | ||||||
5 | 1987. Pursuant to the provisions of Section 2-6 of the Juvenile | ||||||
6 | Court Act of 1987, a law enforcement officer who takes a person | ||||||
7 | under 18 years of age into custody under this Section shall | ||||||
8 | immediately report an allegation of a violation of Section 10-9 | ||||||
9 | of this Code to the Illinois Department of Children and Family | ||||||
10 | Services State Central Register, which shall commence an | ||||||
11 | initial investigation into child abuse or child neglect within | ||||||
12 | 24 hours pursuant to Section 7.4 of the Abused and Neglected | ||||||
13 | Child Reporting Act. | ||||||
14 | (Source: P.A. 97-1118, eff. 1-1-13; 98-164, eff. 1-1-14; | ||||||
15 | 98-538, eff. 8-23-13; 98-756, eff. 7-16-14.) | ||||||
16 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
17 | amended by adding Section 115-6.1 as follows: | ||||||
18 | (725 ILCS 5/115-6.1 new) | ||||||
19 | Sec. 115-6.1. Prostitution; affirmative defense. | ||||||
20 | (a) In prosecutions for prostitution, when the accused | ||||||
21 | intends to raise at trial the affirmative defense provided in | ||||||
22 | subsection (c-5) of Section 11-14 of the Criminal Code of 2012 | ||||||
23 | and has reason to believe that the evidence presented in | ||||||
24 | asserting that defense may jeopardize the safety of the |
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1 | accused, courtroom personnel, or others impacted by human | ||||||
2 | trafficking, the accused may file under seal a motion for an in | ||||||
3 | camera hearing to review the accused's safety concerns. Upon | ||||||
4 | receipt of the motion and notice to the parties, the court | ||||||
5 | shall conduct an in camera hearing, with counsel present, | ||||||
6 | limited to review of potential safety concerns. The court shall | ||||||
7 | cause an official record of the in camera hearing to be made, | ||||||
8 | which shall be kept under seal. The court shall not consider | ||||||
9 | the merits of the affirmative defense during the in camera | ||||||
10 | review. | ||||||
11 | (b) If the court finds by a preponderance of the evidence | ||||||
12 | that the assertion of an affirmative defense under subsection | ||||||
13 | (c-5) of Section 11-14 of the Criminal Code of 2012 by the | ||||||
14 | accused in open court would likely jeopardize the safety of the | ||||||
15 | accused, court personnel, or other persons, the court may clear | ||||||
16 | the courtroom with the agreement of the accused, order | ||||||
17 | additional in camera hearings, seal the records, prohibit court | ||||||
18 | personnel from disclosing the proceedings without prior court | ||||||
19 | approval, or take any other appropriate measure that in the | ||||||
20 | court's discretion will enhance the safety of the proceedings | ||||||
21 | and ensure the accused a full and fair opportunity to assert | ||||||
22 | his or her affirmative defense. | ||||||
23 | (c) Statements made by the accused during the in camera | ||||||
24 | hearing to review safety concerns shall not be admissible | ||||||
25 | against the accused for the crimes charged.
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26 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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