SPRINGFIELD, Ill. — Lawmakers in Illinois have introduced a bill that would completely decriminalize consensual sex work in the state.
In addition to decriminalizing sex work, SB 2391 — dubbed the Keeping Sex Workers Safe Act — would provide basic rights and protections for sex workers and expunge their criminal records of all charges related to consensual sex work.
"This legislation is about fairness, safety, and dignity,” bill sponsor Sen. Celina Villanueva said in a statement. "By decriminalizing consensual adult sex work and removing harmful statutes, we’re taking a stand against outdated policies that do more harm than good."
Villanueva's fellow Democrat, Rep. Will Guzzardi, is the prime sponsor behind companion legislation in the state House.
"Full decriminalization of adult consensual sex work is proven to keep workers safe," said Guzzardi. "It's a policy that respects everyone's rights to make private choices about their bodies while freeing up law enforcement to focus on traffickers and violent abusers."
SB 2391 boasts the support of activist groups Equality Illinois and the Sex Worker Advisory Group (SWAG).
SWAG chair Reyna Ortiz, who also serves on the board of Equality Illinois, said at a news conference that passing the legislation "will make Illinois a safer place for everyone, especially the most vulnerable in our communities."
Decrying punitive anti-sex-work laws, Guzzardi said, "People deserve safety, people deserve dignity, people deserve respect," the Chicago Sun-Times reported.
Sex workers are also disproportionately the victims of abuse — especially trans sex workers — and Brian Johnson, the CEO of Equality Illinois, said he believes that decriminalizing consensual sex work would help solve that problem.
Johnson explained how the new legislation, which calls for a "Bill of Rights" for sex workers, would empower its practitioners to report crimes to the police, which often doesn't happen because they're afraid they could be arrested due to how they earn a living.
“The threat of arrest and prosecution keeps sex workers unsafe and in the shadows, and this threat must be eliminated,” Johnson told WBEZ. “This law is essential now more than ever.”
Should the legislation be passed into law, Illinois would become the first state to decriminalize consensual sex work. In Nevada, sex work is legal in more than half of the state's 17 counties, but not statewide — and even then, only in licensed brothels within those counties.
Industry attorney Lawrence Walters told XBIZ that the Illinois bill takes a different approach from Nevada's, one favored by sex workers: decriminalization.
"The 'legalization' model typically imposes burdensome obligations such as the permitting of brothels and sex workers, zoning restrictions, advertising regulations, mandatory counseling and health screenings," Walters said. "These regulations often require disclosure of personal information to the government, which can result in an invasion of privacy."
Under the Illinois bill's approach, however, the activity is no longer subject to any criminal penalties and can be offered by willing participants without any governmental regulation or permission.
"Decriminalization advocates frequently argue that this approach is preferable to legalization since sex workers should not be subject to additional burdens and regulations that are not imposed on other types of workers," Walters explained. "Singling out sex workers for additional regulatory oversight can be viewed as a form of discrimination."
Walters noted that the decriminalization approach also furthers the goals of bodily autonomy, privacy, and sexual freedom.
XBIZ will provide further updates on SB 2391 as it makes its way through the Illinois state legislature.