Illinois: 36 House Members Vote “No” on Bill to Make it Illegal for Police to Have Sex With Prostitutes During Investigations

36 members of the Illinois House of Representatives has voted against a bill that “prohibits law enforcement officers from knowingly and willingly performing an act of sexual penetration with the suspect of a criminal investigation of prostitution during the course of an investigation conducted by that officer.”

House Bill 4410 was filed in the House of Representatives in January. Today, the measure was approved through the House by a vote of 72 to 36. For many proponents of the measure, it was a shock to see so many “No” votes.

The proposal will now head to the Senate, with approval in that chamber sending it to Governor J. B. Pritzker for final consideration.

Below is the official legislative summary of the measure:

Creates the Prostitution Investigation Act. Provides that each law enforcement agency shall create, on or before January 1, 2025, a policy that prohibits law enforcement officers from knowingly and willingly performing an act of sexual penetration with the suspect of a criminal investigation of prostitution during the course of an investigation conducted by that officer. Provides that the policy shall be posted and made publicly available.

Amends various Acts to change “juvenile prostitution” to “commercial sexual exploitation of a child”, “prostitute” to “person engaged in the sex trade”, and “juvenile prostitute” to “sexually exploited child”. Amends the Statute on Statutes. Provides that the changes of names of the offenses and persons convicted of those offenses do not affect the validity of dispositions entered under the previous names.

Amends the Criminal Identification Act. Provides that law enforcement agencies shall automatically expunge the law enforcement records relating to a person’s Class 4 felony conviction for prostitution if that conviction is eligible for expungement. Provides that in the absence of a court order or upon the order of a court, the clerk of the circuit court shall automatically expunge the court records and case files relating to a person’s Class 4 felony conviction for prostitution if that conviction is eligible for expungement. Provides that automatic expungements shall be completed no later than January 1, 2025. Provides for comparable provisions for such convictions that are eligible for sealing.

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