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Illinois

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  • Safe Harbor Provisions

  • Laws Relating to Establishing Self-Defense

  • Mitigation Provisions Specific to the Context of GBV

  • Laws Allowing Expungement/Vacatur

  • Safe Harbor Provisions

720 ILCS 5/11-14 (d).

  • If it is determined, after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of this Section (prostitution) is a person under the age of 18, that person shall be immune from prosecution for a prostitution offense.

 

  • Laws Relating to Establishing Self-Defense

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  • Mitigation Provisions Specific to the Context of GBV

730 ILCS 5/5-5-3.1(a)(15).

  • Requires consideration of mitigating factors in sentencing, including whether the defendant was acting under strong provocation or was a victim of domestic violence and had substantial grounds tending to excuse or justify their conduct. Sentences must comply with mandatory minimums provided under 730 ILCS 5/5-5-3.

735 ILCS 5/2-1401(b-5)(1)-(5).

  • Allows individuals to petition for relief from final judgments when they have been convicted of a forcible felony and there is newly discovered evidence of domestic or gender-based violence that was related to the offense that was not presented during the original sentencing.
  • Laws Allowing Expungement/Vacatur

725 ILCS 5/116-2.1(a).

  • Allows individuals, including juveniles, to file a petition to vacate convictions for prostitution-related offenses if they can demonstrate that their participation was a direct result of being a victim of human trafficking, or if the individual’s conduct was coerced by traffickers.

705 ILCS 405/5-915(2.6-1).

  • Provides for the expungement of juvenile records under certain circumstances, including when the court deems it appropriate in cases where the offense resulted from being a victim of trafficking or exploitation.
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