State of Illinois
91st General Assembly
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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 second third or subsequent violation of this Section, or
21    of any combination of such number of convictions  under  this
22    Section  and Sections 11-15 , 11-17, 11-18, 11-18.1 and 11-19
23    of this Code is shall be guilty of a Class 4 felony.  When  a
24    person  has  one 2 or more prior convictions, the information
25    or indictment charging that person  shall  state  such  prior
26    conviction  convictions  so  as to give notice of the State's
27    intention to treat the charge as a felony. The fact  of  such
28    prior conviction convictions is 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  second  third   or
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 is  shall
17    be  guilty  of  a Class 4 felony.  When a person has one 2 or
18    more  prior  convictions,  the  information   or   indictment
19    charging  that  person  shall  state  such  prior  conviction
20    convictions  so as to give notice of the State's intention to
21    treat the charge  as  a  felony.   The  fact  of  such  prior
22    conviction  convictions  is 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 second third or 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, is shall be guilty of
31    a Class 4 felony.  When a person has  one  2  or  more  prior
32    convictions,  the  information  or  indictment  charging that
33    person shall state such prior conviction convictions so 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 conviction convictions  is  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 second third or 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, is shall be guilty  of
24    a  Class  4  felony.   When  a person has one 2 or 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 conviction convictions is 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    second third or 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 is shall be guilty of a Class 4 felony.  When a
14    person has one 2 or more prior convictions,  the  information
15    or  indictment  charging  that  person shall state such prior
16    conviction convictions so as to give notice  of  the  State's
17    intention to treat the charge as a felony.  The fact of such
18    conviction  convictions  is 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.)

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