Relating to the Medicaid Waiver expansion program
Decriminalize adult consensual sex work and establish a Sex Workers’ Bill of Rights ensuring equal labor protections, health safety, and nondiscrimination.
Decriminalize adult consensual sex work and establish a Sex Workers’ Bill of Rights ensuring equal labor protections, health safety, and nondiscrimination.
Overview
- Purpose: To decriminalize adult consensual sex work and enact a comprehensive set of rights and protections for sex workers, aligning sex workers’ protections with those afforded to other workers under Illinois law.
- Title: The bill may be referred to as the Keeping Sex Workers Safe Act and establishes the Sex Workers’ Bill of Rights Act.
- Introduced: February 18–28, 2025 (Introduced Feb 18, 2025; Filed Feb 28, 2025). Current status includes addition of co-sponsor Rep. Theresa Mah.
- Primary sponsor: Rep. Will Guzzardi; Co-sponsors: Rep. Theresa Mah, Rep. Kelly M. Cassidy. Added/co-sponsored progress noted in Legislative Actions.
Key Provisions
1) Decriminalization and enforcement
- Sex workers shall not be subject to criminal prosecution for engaging in consensual sex work.
- Law enforcement agencies are prohibited from arresting, charging, or prosecuting individuals solely for performing or engaging in sex work.
- Repeals the offenses of prostitution and patronizing a prostitute under the Criminal Code of 2012.
- Amends the Criminal Identification Act (and related Acts) to conform with decriminalization.
2) Sex workers’ rights and protections (Sex Workers’ Bill of Rights Act)
- Definitions:
- “Sex work” means performing consensual sexual services, erotic performances, or related activities in exchange for money or benefits; excludes coerced acts.
- “Sex worker” includes any person performing sex work (employed, contracted, or self-employed).
- Equal employment rights:
- Sex workers shall have the same rights and protections as other workers, including:
- Minimum wage and hour protections.
- Protection against discrimination, harassment, and unsafe working conditions.
- Access to workers’ compensation and health benefits where applicable.
- Protections concerning privacy and surveillance.
- Health and safety:
- Employers, clients, or others who benefit from sex workers’ services must ensure safe working conditions and protect against violence, exploitation, and human trafficking.
- Independent contractor status:
- Sex workers operating as independent contractors shall be treated as legitimate sole proprietors or businesses under Illinois law.
- Autonomy and contracts:
- Sex workers have the right to control their work, negotiate fair contracts, and receive payment for services without interference or exploitation.
- Non-discrimination:
- Sex workers shall not be discriminated against in access to housing, public services, financial services, or healthcare based on their occupation.
- All existing anti-discrimination laws based on sex, race, gender identity, sexual orientation, or other protected characteristics apply equally to sex workers.
3) Definitions and scope
- The Act defines terms to ensure clear scope for protections and responsibilities under the new framework.
4) Implementation and effective date
- Effective immediately upon enactment (as stated in the introduced text).
- Requires conforming amendments to various Acts and alignment with existing worker-protections laws.
Who would be affected
- Sex workers (employed, contracted, or self-employed) would gain full labor protections and decriminalization.
- Employers, clients, and others benefiting from sex work would have responsibilities to ensure safe, non-exploitative conditions.
- Law enforcement would adjust by no longer prosecuting individuals solely for sex work.
Procedural/Timelines
Notes on context
- The bill includes findings highlighting safety concerns in sex work and argues that decriminalization, coupled with a robust rights framework, improves safety and access to protections.
- The bill is part of a broader movement toward decriminalizing adult consensual sex work at the state level, with alignment to international human rights perspectives.
This summary covers the bill’s aims, core provisions, affected populations, and its legislative trajectory to date.
Compiled from official sources — confirm details with the bill’s official record.
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