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91_HB1720sam001 LRB9103616RCksam01 1 AMENDMENT TO HOUSE BILL 1720 2 AMENDMENT NO. . Amend House Bill 1720 by replacing 3 the title with the following: 4 "AN ACT to amend the Criminal Code of 1961 by changing 5 Sections 11-14, 11-15, 11-17, 11-18, and 11-19."; and 6 by replacing everything after the enacting clause with the 7 following: 8 "Section 5. The Criminal Code of 1961 is amended by 9 changing Sections 11-14, 11-15, 11-17, 11-18, and 11-19 as 10 follows: 11 (720 ILCS 5/11-14) (from Ch. 38, par. 11-14) 12 Sec. 11-14. Prostitution. 13 (a) Any person who performs, offers or agrees to perform 14 any act of sexual penetration as defined in Section 12-12 of 15 this Code for any money, property, token, object, or article 16 or anything of value, or any touching or fondling of the sex 17 organs of one person by another person, for any money, 18 property, token, object, or article or anything of value, for 19 the purpose of sexual arousal or gratification commits an act 20 of prostitution. 21 (b) Sentence. -2- LRB9103616RCksam01 1 Prostitution is a Class A misdemeanor. A person convicted 2 of a secondthirdor subsequent violation of this Section, or 3 of any combination of such number of convictions under this 4 Section and Sections 11-15 , 11-17, 11-18, 11-18.1 and 11-19 5 of this Code isshall beguilty of a Class 4 felony. When a 6 person has one2or more prior convictions, the information 7 or indictment charging that person shall state such prior 8 convictionconvictionsso as to give notice of the State's 9 intention to treat the charge as a felony. The fact of such 10 prior convictionconvictionsis not an element of the offense 11 and may not be disclosed to the jury during trial unless 12 otherwise permitted by issues properly raised during such 13 trial. 14 (Source: P.A. 88-680, eff. 1-1-95.) 15 (720 ILCS 5/11-15) (from Ch. 38, par. 11-15) 16 Sec. 11-15. Soliciting for a prostitute. 17 (a) Any person who performs any of the following acts 18 commits soliciting for a prostitute: 19 (1) Solicits another for the purpose of 20 prostitution; or 21 (2) Arranges or offers to arrange a meeting of 22 persons for the purpose of prostitution; or 23 (3) Directs another to a place knowing such 24 direction is for the purpose of prostitution. 25 (b) Sentence. Soliciting for a prostitute is a Class A 26 misdemeanor. A person convicted of a secondthirdor 27 subsequent violation of this Section, or of any combination 28 of such number of convictions under this Section and Sections 29 11-14, 11-17, 11-18, 11-18.1 and 11-19 of this Code isshall30beguilty of a Class 4 felony. When a person has one2or 31 more prior convictions, the information or indictment 32 charging that person shall state such prior conviction 33convictionsso as to give notice of the State's intention to -3- LRB9103616RCksam01 1 treat the charge as a felony. The fact of such prior 2 convictionconvictionsis not an element of the offense and 3 may not be disclosed to the jury during trial unless 4 otherwise permitted by issues properly raised during such 5 trial. 6 (c) A peace officer who arrests a person for a violation 7 of this Section may impound any vehicle used by the person in 8 the commission of the offense. The person may recover the 9 vehicle from the impound after a minimum of 2 hours after 10 arrest upon payment of a fee of $200. 11 (Source: P.A. 85-1447.) 12 (720 ILCS 5/11-17) (from Ch. 38, par. 11-17) 13 Sec. 11-17. Keeping a Place of Prostitution. (a) Any 14 person who has or exercises control over the use of any place 15 which could offer seclusion or shelter for the practice of 16 prostitution who performs any of the following acts keeps a 17 place of prostitution: 18 (1) Knowingly grants or permits the use of such place 19 for the purpose of prostitution; or 20 (2) Grants or permits the use of such place under 21 circumstances from which he could reasonably know that the 22 place is used or is to be used for purposes of prostitution; 23 or 24 (3) Permits the continued use of a place after becoming 25 aware of facts or circumstances from which he should 26 reasonably know that the place is being used for purposes of 27 prostitution. 28 (b) Sentence. 29 Keeping a place of prostitution is a Class A misdemeanor. 30 A person convicted of a secondthirdor subsequent violation 31 of this Section, or of any combination of such number of 32 convictions under this Section and Sections 11-14, 11-15, 33 11-18, 11-18.1 and 11-19 of this Code, isshall beguilty of -4- LRB9103616RCksam01 1 a Class 4 felony. When a person has one2or more prior 2 convictions, the information or indictment charging that 3 person shall state such prior convictionconvictionsso as to 4 give notice of the State's intention to treat the charge as a 5 felony. The fact of such convictionconvictionsis not an 6 element of the offense and may not be disclosed to the jury 7 during trial unless otherwise permitted by issues properly 8 raised during such trial. 9 (Source: P.A. 85-1447.) 10 (720 ILCS 5/11-18) (from Ch. 38, par. 11-18) 11 Sec. 11-18. Patronizing a prostitute. 12 (a) Any person who performs any of the following acts 13 with a person not his or her spouse commits the offense of 14 patronizing a prostitute: 15 (1) Engages in an act of sexual penetration as 16 defined in Section 12-12 of this Code with a prostitute; 17 or 18 (2) Enters or remains in a place of prostitution 19 with intent to engage in an act of sexual penetration as 20 defined in Section 12-12 of this Code. 21 (b) Sentence. 22 Patronizing a prostitute is a Class A misdemeanor. A 23 person convicted of a secondthirdor subsequent violation of 24 this Section, or of any combination of such number of 25 convictions under this Section and Sections 11-14, 11-15, 26 11-17, 11-18.1 and 11-19 of this Code, isshall beguilty of 27 a Class 4 felony. When a person has one2or more prior 28 convictions, the information or indictment charging that 29 person shall state such prior convictions so as to give 30 notice of the State's intention to treat the charge as a 31 felony. The fact of such convictionconvictionsis not an 32 element of the offense and may not be disclosed to the jury 33 during trial unless otherwise permitted by issues properly -5- LRB9103616RCksam01 1 raised during such trial. 2 (Source: P.A. 88-325.) 3 (720 ILCS 5/11-19) (from Ch. 38, par. 11-19) 4 Sec. 11-19. Pimping. 5 (a) Any person who receives any money, property, token, 6 object, or article or anything of value from a prostitute, 7 not for a lawful consideration, knowing it was earned in 8 whole or in part from the practice of prostitution, commits 9 pimping. 10 (b) Sentence. 11 Pimping is a Class A misdemeanor. A person convicted of a 12 secondthirdor subsequent violation of this Section, or of 13 any combination of such number of convictions under this 14 Section and Sections 11-14, 11-15, 11-17, 11-18 and 11-18.1 15 of this Code isshall beguilty of a Class 4 felony. When a 16 person has one2or more prior convictions, the information 17 or indictment charging that person shall state such prior 18 convictionconvictionsso as to give notice of the State's 19 intention to treat the charge as a felony. The fact of such 20 convictionconvictionsis not an element of the offense and 21 may not be disclosed to the jury during trial unless 22 otherwise permitted by issues properly raised during such 23 trial. 24 (Source: P.A. 88-680, eff. 1-1-95.)".