State of Illinois
91st General Assembly
Legislation

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91_HB1720

 
                                               LRB9103616RCks

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

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Criminal  Code  of  1961  is  amended  by
 6    changing Sections 11-14, 11-15, and 11-18 as follows:

 7        (720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
 8        Sec. 11-14.  Prostitution.
 9        (a)  Any person who performs, offers or agrees to perform
10    any  act of sexual penetration as defined in Section 12-12 of
11    this Code for any money, property, token, object, or  article
12    or  anything of value, or any touching or fondling of the sex
13    organs of one  person  by  another  person,  for  any  money,
14    property, token, object, or article or anything of value, for
15    the purpose of sexual arousal or gratification commits an act
16    of prostitution.
17        (b)  Sentence.
18        Prostitution   is   a  Class  A  misdemeanor.   A  person
19    convicted  under  this  Section  who  has  2  or  more  prior
20    convictions for any combination of the number of  convictions
21    under  Sections  11-17,  11-18.1,  and  11-19 of this Code is
22    guilty of a Class 4 felony.  A person convicted of  a  second
23    third  or  subsequent  violation  of  this Section, or of any
24    combination of such number of convictions under this  Section
25    and  Sections  11-15 and , 11-17, 11-18, 11-18.1 and 11-19 of
26    this Code is shall be guilty of a Class 3 4  felony.  When  a
27    person  has  one 2 or more prior convictions, the information
28    or indictment charging that person  shall  state  such  prior
29    conviction  convictions  so  as to give notice of the State's
30    intention to treat the charge as a felony. The fact  of  such
31    prior conviction convictions is not an element of the offense
 
                            -2-                LRB9103616RCks
 1    and  may  not  be  disclosed  to the jury during trial unless
 2    otherwise permitted by issues  properly  raised  during  such
 3    trial.
 4    (Source: P.A. 88-680, eff. 1-1-95.)

 5        (720 ILCS 5/11-15) (from Ch. 38, par. 11-15)
 6        Sec. 11-15. Soliciting for a prostitute.
 7        (a)  Any  person  who  performs any of the following acts
 8    commits soliciting for a prostitute:
 9             (1)  Solicits   another   for   the    purpose    of
10        prostitution; or
11             (2)  Arranges  or  offers  to  arrange  a meeting of
12        persons for the purpose of prostitution; or
13             (3)  Directs  another  to  a  place   knowing   such
14        direction is for the purpose of prostitution.
15        (b)  Sentence.  Soliciting  for a prostitute is a Class A
16    misdemeanor. A person convicted under this Section who has  2
17    or  more  prior convictions for any combination of the number
18    of convictions under Sections 11-17, 11-18.1,  and  11-19  of
19    this  Code  is guilty of a Class 4 felony. A person convicted
20    of a second third or subsequent violation of this Section, or
21    of any combination of such number of convictions  under  this
22    Section  and  Sections  11-14,  and 11-17, 11-18, 11-18.1 and
23    11-19 of this Code is shall be guilty of a Class 3 4  felony.
24    When  a  person  has  one  2  or  more prior convictions, the
25    information or indictment charging that  person  shall  state
26    such prior conviction convictions so as to give notice of the
27    State's  intention to treat the charge as a felony.  The fact
28    of such prior conviction convictions is not an element of the
29    offense and may not be disclosed to  the  jury  during  trial
30    unless  otherwise  permitted by issues properly raised during
31    such trial.
32        (c)  A peace officer who arrests a person for a violation
33    of this Section may impound any vehicle used by the person in
 
                            -3-                LRB9103616RCks
 1    the commission of the offense.  The person  may  recover  the
 2    vehicle  from  the  impound  after a minimum of 2 hours after
 3    arrest upon payment of a fee of not less than $100.   If  the
 4    person  arrested  for  a  violation  of this Section has been
 5    previously convicted of this Section, the  fee  is  not  less
 6    than  $200.   An additional $100 must be added to the fee for
 7    each prior conviction under this Section.
 8    (Source: P.A. 85-1447.)

 9        (720 ILCS 5/11-18) (from Ch. 38, par. 11-18)
10        Sec. 11-18. Patronizing a prostitute.
11        (a)  Any person who performs any of  the  following  acts
12    with  a  person  not his or her spouse commits the offense of
13    patronizing a prostitute:
14             (1)  Engages in an  act  of  sexual  penetration  as
15        defined  in Section 12-12 of this Code with a prostitute;
16        or
17             (2)  Enters or remains in a  place  of  prostitution
18        with  intent to engage in an act of sexual penetration as
19        defined in Section 12-12 of this Code.
20        (b)  Sentence.
21        Patronizing a prostitute is a  Class  A  misdemeanor.   A
22    person  convicted  under this Section who has 2 or more prior
23    convictions for any combination of the number of  convictions
24    under  Sections  11-17,  11-18.1,  and  11-19 of this Code is
25    guilty of a Class 4 felony.  A person convicted of  a  second
26    third  or  subsequent  violation  of  this Section, or of any
27    combination of such number of convictions under this  Section
28    and  Sections  11-14 and , 11-15, 11-17, 11-18.1 and 11-19 of
29    this Code, is shall be guilty of a Class 3 4 felony.  When  a
30    person  has  one 2 or more prior convictions, the information
31    or indictment charging that person  shall  state  such  prior
32    convictions  so as to give notice of the State's intention to
33    treat the charge as a felony.  The fact of  such  convictions
 
                            -4-                LRB9103616RCks
 1    is  not an element of the offense and may not be disclosed to
 2    the jury during trial unless otherwise  permitted  by  issues
 3    properly raised during such trial.
 4    (Source: P.A. 88-325.)

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