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91_HB1720enr HB1720 Enrolled LRB9103616RCks 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Sections 11-14, 11-15, 11-17, 11-18, and 11-19. 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, 11-17, 11-18, and 11-19 as 7 follows: 8 (720 ILCS 5/11-14) (from Ch. 38, par. 11-14) 9 Sec. 11-14. Prostitution. 10 (a) Any person who performs, offers or agrees to perform 11 any act of sexual penetration as defined in Section 12-12 of 12 this Code for any money, property, token, object, or article 13 or anything of value, or any touching or fondling of the sex 14 organs of one person by another person, for any money, 15 property, token, object, or article or anything of value, for 16 the purpose of sexual arousal or gratification commits an act 17 of prostitution. 18 (b) Sentence. 19 Prostitution is a Class A misdemeanor. 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 11-15 , 11-17, 11-18, 11-18.1 and 11-19 23 of this Code isshall beguilty of a Class 4 felony. When a 24 person has one2or more prior convictions, the information 25 or indictment charging that person shall state such prior 26 convictionconvictionsso as to give notice of the State's 27 intention to treat the charge as a felony. The fact of such 28 prior convictionconvictionsis not an element of the offense 29 and may not be disclosed to the jury during trial unless 30 otherwise permitted by issues properly raised during such 31 trial. HB1720 Enrolled -2- LRB9103616RCks 1 (Source: P.A. 88-680, eff. 1-1-95.) 2 (720 ILCS 5/11-15) (from Ch. 38, par. 11-15) 3 Sec. 11-15. Soliciting for a prostitute. 4 (a) Any person who performs any of the following acts 5 commits soliciting for a prostitute: 6 (1) Solicits another for the purpose of 7 prostitution; or 8 (2) Arranges or offers to arrange a meeting of 9 persons for the purpose of prostitution; or 10 (3) Directs another to a place knowing such 11 direction is for the purpose of prostitution. 12 (b) Sentence. Soliciting for a prostitute is a Class A 13 misdemeanor. A person convicted of a secondthirdor 14 subsequent violation of this Section, or of any combination 15 of such number of convictions under this Section and Sections 16 11-14, 11-17, 11-18, 11-18.1 and 11-19 of this Code isshall17beguilty of a Class 4 felony. When a person has one2or 18 more prior convictions, the information or indictment 19 charging that person shall state such prior conviction 20convictionsso as to give notice of the State's intention to 21 treat the charge as a felony. The fact of such prior 22 convictionconvictionsis not an element of the offense and 23 may not be disclosed to the jury during trial unless 24 otherwise permitted by issues properly raised during such 25 trial. 26 (c) A peace officer who arrests a person for a violation 27 of this Section may impound any vehicle used by the person in 28 the commission of the offense. The person may recover the 29 vehicle from the impound after a minimum of 2 hours after 30 arrest upon payment of a fee of $200. The fee shall be 31 distributed to the unit of government whose peace officers 32 made the arrest for a violation of this Section. This $200 33 fee includes the costs incurred by the unit of government to HB1720 Enrolled -3- LRB9103616RCks 1 tow the vehicle to the impound. Upon the presentation of a 2 signed court order by the defendant whose vehicle was 3 impounded showing that the defendant has been acquitted of 4 the offense of soliciting for a prostitute or that the 5 charges have been dismissed against the defendant for that 6 offense, the municipality shall refund the $200 fee to the 7 defendant. 8 (Source: P.A. 85-1447.) 9 (720 ILCS 5/11-17) (from Ch. 38, par. 11-17) 10 Sec. 11-17. Keeping a Place of Prostitution. (a) Any 11 person who has or exercises control over the use of any place 12 which could offer seclusion or shelter for the practice of 13 prostitution who performs any of the following acts keeps a 14 place of prostitution: 15 (1) Knowingly grants or permits the use of such place 16 for the purpose of prostitution; or 17 (2) Grants or permits the use of such place under 18 circumstances from which he could reasonably know that the 19 place is used or is to be used for purposes of prostitution; 20 or 21 (3) Permits the continued use of a place after becoming 22 aware of facts or circumstances from which he should 23 reasonably know that the place is being used for purposes of 24 prostitution. 25 (b) Sentence. 26 Keeping a place of prostitution is a Class A misdemeanor. 27 A person convicted of a secondthirdor subsequent violation 28 of this Section, or of any combination of such number of 29 convictions under this Section and Sections 11-14, 11-15, 30 11-18, 11-18.1 and 11-19 of this Code, isshall beguilty of 31 a Class 4 felony. When a person has one2or more prior 32 convictions, the information or indictment charging that 33 person shall state such prior convictionconvictionsso as to HB1720 Enrolled -4- LRB9103616RCks 1 give notice of the State's intention to treat the charge as a 2 felony. The fact of such convictionconvictionsis not an 3 element of the offense and may not be disclosed to the jury 4 during trial unless otherwise permitted by issues properly 5 raised during such trial. 6 (Source: P.A. 85-1447.) 7 (720 ILCS 5/11-18) (from Ch. 38, par. 11-18) 8 Sec. 11-18. Patronizing a prostitute. 9 (a) Any person who performs any of the following acts 10 with a person not his or her spouse commits the offense of 11 patronizing a prostitute: 12 (1) Engages in an act of sexual penetration as 13 defined in Section 12-12 of this Code with a prostitute; 14 or 15 (2) Enters or remains in a place of prostitution 16 with intent to engage in an act of sexual penetration as 17 defined in Section 12-12 of this Code. 18 (b) Sentence. 19 Patronizing a prostitute is a Class A misdemeanor. A 20 person convicted of a secondthirdor subsequent violation of 21 this Section, or of any combination of such number of 22 convictions under this Section and Sections 11-14, 11-15, 23 11-17, 11-18.1 and 11-19 of this Code, isshall beguilty of 24 a Class 4 felony. When a person has one2or more prior 25 convictions, the information or indictment charging that 26 person shall state such prior convictions so as to give 27 notice of the State's intention to treat the charge as a 28 felony. The fact of such convictionconvictionsis not an 29 element of the offense and may not be disclosed to the jury 30 during trial unless otherwise permitted by issues properly 31 raised during such trial. 32 (Source: P.A. 88-325.) HB1720 Enrolled -5- LRB9103616RCks 1 (720 ILCS 5/11-19) (from Ch. 38, par. 11-19) 2 Sec. 11-19. Pimping. 3 (a) Any person who receives any money, property, token, 4 object, or article or anything of value from a prostitute, 5 not for a lawful consideration, knowing it was earned in 6 whole or in part from the practice of prostitution, commits 7 pimping. 8 (b) Sentence. 9 Pimping is a Class A misdemeanor. A person convicted of a 10 secondthirdor subsequent violation of this Section, or of 11 any combination of such number of convictions under this 12 Section and Sections 11-14, 11-15, 11-17, 11-18 and 11-18.1 13 of this Code isshall beguilty of a Class 4 felony. When a 14 person has one2or more prior convictions, the information 15 or indictment charging that person shall state such prior 16 convictionconvictionsso as to give notice of the State's 17 intention to treat the charge as a felony. The fact of such 18 convictionconvictionsis not an element of the offense and 19 may not be disclosed to the jury during trial unless 20 otherwise permitted by issues properly raised during such 21 trial. 22 (Source: P.A. 88-680, eff. 1-1-95.)