State of Illinois
91st General Assembly
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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 second third or 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 is shall be guilty of a Class 4 felony. When a
 6    person has one 2 or more prior convictions,  the  information
 7    or  indictment  charging  that  person shall state such prior
 8    conviction convictions so as to give notice  of  the  State's
 9    intention  to  treat the charge as a felony. The fact of such
10    prior conviction convictions is 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  second  third  or
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 is shall
30    be guilty of a Class 4 felony.  When a person has  one  2  or
31    more   prior   convictions,  the  information  or  indictment
32    charging  that  person  shall  state  such  prior  conviction
33    convictions so 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    conviction convictions is 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 second third or 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, is shall be guilty of
 
                            -4-            LRB9103616RCksam01
 1    a Class 4 felony.  When a person has  one  2  or  more  prior
 2    convictions,  the  information  or  indictment  charging that
 3    person shall state such prior conviction convictions so as to
 4    give notice of the State's intention to treat the charge as a
 5    felony.  The fact of such conviction convictions  is  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 second third or 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, is shall be guilty  of
27    a  Class  4  felony.   When  a person has one 2 or 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 conviction convictions is 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    second third or 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 is shall be guilty of a Class 4 felony.  When a
16    person has one 2 or more prior convictions,  the  information
17    or  indictment  charging  that  person shall state such prior
18    conviction convictions so as to give notice  of  the  State's
19    intention to treat the charge as a felony.  The fact of such
20    conviction  convictions  is 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.)".

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