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91_HB1720eng HB1720 Engrossed 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 23thirdor 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 11-19of 26 this Code isshall beguilty of a Class 34felony. When a 27 person has one2or more prior convictions, the information 28 or indictment charging that person shall state such prior 29 convictionconvictionsso as to give notice of the State's 30 intention to treat the charge as a felony. The fact of such 31 prior convictionconvictionsis not an element of the offense HB1720 Engrossed -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 secondthirdor subsequent violation of this Section, or 21 of any combination of such number of convictions under this 22 Section and Sections 11-14,and11-17,11-18, 11-18.1 and2311-19of this Code isshall beguilty of a Class 34felony. 24 When a person has one2or more prior convictions, the 25 information or indictment charging that person shall state 26 such prior convictionconvictionsso as to give notice of the 27 State's intention to treat the charge as a felony. The fact 28 of such prior convictionconvictionsis 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 HB1720 Engrossed -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 26thirdor 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 11-19of 29 this Code, isshall beguilty of a Class 34felony. When a 30 person has one2or 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 HB1720 Engrossed -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.)