Rep. Lovana Jones
Filed: 3/1/2006
 
 

 




 

 		












09400HB4885ham005

LRB094 18448 RLC 56905 a






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AMENDMENT TO HOUSE BILL 4885




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    AMENDMENT NO. ______. Amend House Bill 4885, AS AMENDED, by 
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inserting immediately after the  enacting clause the following:

 
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    "Section 2. The Criminal Code of 1961 is amended  by 
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changing Section 11-14 as follows:
 



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    (720 ILCS 5/11-14)  (from Ch. 38, par. 11-14)


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    Sec. 11-14. Prostitution. 

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    (a) Any person who performs, offers or agrees
to perform 
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any act of sexual penetration as defined in Section 12-12 of

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this Code for any money, property, token, object, or article or 
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anything
of value, or any touching or fondling
of the sex 
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organs of one person by another person, for any money,

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property, token, object, or article or
anything of value, for 
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the purpose of sexual arousal or gratification commits
an act 
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of prostitution.

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    (b) Sentence.

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    Prostitution is a Class A misdemeanor.
A person convicted 
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of a second or
subsequent violation of this Section, or of any 
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combination of such number
of convictions under this Section 
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and Sections 11-15, 11-17,
11-18, 11-18.1
and
11-19 of this 
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Code is guilty of a Class 4 felony.
When a person has one or 
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more prior convictions, the information or
indictment charging 
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that
person shall state such prior conviction so as to give

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notice of the
State's intention to treat the charge as a 
 


 






09400HB4885ham005
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LRB094 18448 RLC 56905 a




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felony. The fact of such prior
conviction is not an element of 
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the offense and may not be
disclosed to
the jury during trial 
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unless otherwise permitted by issues properly raised
during 
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such trial.

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    (c) A person who violates this Section within 1,000 feet of 
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real property
comprising a school commits a Class 4 felony.
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    (d)(1) Whenever a person, not having been previously 
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convicted of felony prostitution, enters a plea of guilty or is 
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found guilty of misdemeanor prostitution, the court may enter 
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an order specifying a period of supervision of one year and may 
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defer further proceedings in the case until the conclusion of 
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the period or until the filing of a petition alleging violation 
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of a term or condition of supervision.
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    (2) The conditions of this supervision shall be that the 
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person:
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        (A) not violate any criminal statute of any 
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    jurisdiction;
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        (B) submit to periodic drug testing, no less than 2 
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    times during the period of the supervision;
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        (C) participate in a drug assessment and if needed drug 
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    treatment through county drug school, or the equivalent;
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        (D) participate in a mental health screening at an 
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    approved service provider.
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    (3) Upon violation of a term or condition of supervision, 
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the court may enter a judgment on its original finding of guilt 
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and proceed as otherwise provided.
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    (4) There may be up to 2 deferred proceedings under this 
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Section.
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    (5) Upon fulfillment of the terms and conditions of 
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supervision, the court shall discharge the person and dismiss 
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the proceedings against him or her.
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    (6) The person must consent to receiving this supervision.


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(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 91-696, 
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eff.
4-13-00.)".