99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2861

 

Introduced 2/17/2016, by Sen. Michael E. Hastings

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Illinois Code of Military Justice (Code) in conformity with the federal Uniform Code of Military Justice to permit discipline of the Illinois National Guard by providing a military justice system including court-martial authorities meeting current legal standards of due process. Organizes the Code into Parts concerning: general provisions; apprehension and restraint; non-judicial punishment; court martial jurisdiction; appointment and composition of courts-martial; pre-trial procedure; trial procedure; sentences; post-trial procedure and review of courts-martial; punitive articles; and miscellaneous provisions. Supersedes existing statutes, ordinances, directives, rules, regulations, orders and other laws in this State covered by the subject matter of the Code. Amends the Military Code of Illinois. Provides that Illinois National Guard members shall be separated from active service in accordance with federal laws and regulations as applicable, except as otherwise provided in the Code or in the Military Code of Illinois. Prohibits Guard members who are dismissed or dishonorably discharged from holding any elective or appointive office, position, or State or county employment for a period of 5 years unless such disability is removed by the Governor. Repeals provisions concerning: the separation of Guard members from active service; discharged Guard members ineligible to hold elective office or State or county employment; military offenses; courts-martial; board investigations of Guard members accused of certain acts while on military duty; and payment of a Guard member's defense expenses by the Adjutant General. Amends the State Finance Act. Creates the State Military Justice Fund. Effective January 1, 2017.


LRB099 20640 KTG 45234 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2861LRB099 20640 KTG 45234 b

1    AN ACT concerning military justice.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 0.01. Short title. This Act may be cited as the
5Illinois Code of Military Justice.
 
6    Section 0.02. Purpose. This Code is an exercise of the
7General Assembly's authority in the Constitution of the State
8of Illinois to provide for "discipline of the militia in
9conformity with the laws governing the armed forces of the
10United States" (Illinois Constitution, Article XII, Section
113). This Code is in conformity with the Uniform Code of
12Military Justice, at 10 U.S.C. Chapter 47, and the military
13justice provisions of Title 32 of the United States Code, as
14modified based on the American Bar Association-drafted "Model
15State Code for Military Justice" for National Guard forces not
16subject to the Uniform Code of Military Justice, adopted
17February 14, 2011 with appropriate further modifications
18specifically tailored for the Illinois National Guard. The
19purpose of this Act is to permit discipline of the Illinois
20National Guard by providing a military justice system that
21includes court-martial authorities meeting current legal
22standards of due process.
 

 

 

SB2861- 2 -LRB099 20640 KTG 45234 b

1    Section 0.03. References. Sections 1 through 149 of this
2Code are also designated as Articles to conform to the federal
3Uniform Code of Military Justice to the extent possible.
 
4
PART I. GENERAL PROVISIONS

 
5    Section 1. Article 1. Definitions; gender neutrality.
6    (a) In this Code, unless the context otherwise requires:
7        (1) "Accuser" means a person who signs and swears to
8    charges, any person who directs that charges nominally be
9    signed and sworn to by another, and any other person who
10    has an interest other than an official interest in the
11    prosecution of the accused.
12        (2) "Cadet" or "candidate" means a person who is
13    enrolled in or attending a State military academy, a
14    regional training institute, or any other formal education
15    program for the purpose of becoming a commissioned officer
16    in the State military forces.
17        (3) "Classified information" means:
18            (A) any information or material that has been
19        determined by an official of the United States or any
20        state pursuant to law, an Executive order, or
21        regulation to require protection against unauthorized
22        disclosure for reasons of national or state security,
23        and
24            (B) any restricted data, as defined in Section

 

 

SB2861- 3 -LRB099 20640 KTG 45234 b

1        11(y) of the Atomic Energy Act of 1954 (42 U.S.C.
2        2014(y)).
3        (4) "Code" means this Code.
4        (5) "Commanding officer" includes only commissioned or
5    warrant officers of the State military forces and shall
6    include officers in charge only when administering
7    nonjudicial punishment under Article 15 of this Code. The
8    term "commander" has the same meaning as "commanding
9    officer" unless the context otherwise requires.
10        (6) "Convening authority" includes, in addition to the
11    person who convened the court, a commissioned officer
12    commanding for the time being or a successor in command to
13    the convening authority.
14        (7) "Day" for all purposes means calendar day beginning
15    at 0000 hours (12:00 a.m.) and ending at 2359 hours, 59
16    seconds (12:59, 59 seconds p.m.), and is not synonymous
17    with the term "unit training assembly". Any punishment
18    authorized by this Article which is measured in terms of
19    days shall, when served in a status other than annual field
20    training, be construed to mean succeeding duty days.
21        (8) "Duty status other than State active duty" means
22    any other type of military duty or training pursuant to a
23    written order issued by authority of law under Title 32 of
24    the United States Code or traditional Inactive Duty
25    Training periods pursuant to 32 U.S.C. 502(a).
26        (9) "Enlisted member" means a person in an enlisted

 

 

SB2861- 4 -LRB099 20640 KTG 45234 b

1    grade.
2        (10) "Judge advocate" means a commissioned officer of
3    the organized State military forces who is a member in good
4    standing of the bar of the highest court of a state, and
5    is:
6            (A) certified or designated as a judge advocate in
7        the Judge Advocate General's Corps of the Army, Air
8        Force, Navy, or the Marine Corps or designated as a law
9        specialist as an officer of the Coast Guard, or a
10        reserve or National Guard component of one of these; or
11            (B) certified as a non-federally recognized judge
12        advocate, under regulations adopted pursuant to this
13        paragraph, by the senior judge advocate of the
14        commander of the force in the State military forces of
15        which the accused is a member, as competent to perform
16        such military justice duties required by this Code. If
17        there is no such judge advocate available, then such
18        certification may be made by such senior judge advocate
19        of the commander of another force in the State military
20        forces, as the convening authority directs.
21        (11) "May" is used in a permissive sense. The phrase
22    "no person may . . ." means that no person is required,
23    authorized, or permitted to do the act prescribed.
24        (12) "Military court" means a court-martial or a court
25    of inquiry.
26        (13) "Military judge" means an official of a general or

 

 

SB2861- 5 -LRB099 20640 KTG 45234 b

1    special court-martial detailed in accordance with Article
2    26 of this Code.
3        (14) "Military offenses" means those offenses
4    proscribed under Articles 77 (Principals), 78 (Accessory
5    after the fact), 80 (Attempts), 81 (Conspiracy), 82
6    (Solicitation), 83 (Fraudulent enlistment, appointment, or
7    separation), 84 (Unlawful enlistment, appointment, or
8    separation), 85 (Desertion), 86 (Absence without leave),
9    87 (Missing movement), 88 (Contempt toward officials), 89
10    (Disrespect towards superior commissioned officer), 90
11    (Assaulting or willfully disobeying superior commissioned
12    officer), 91 (Insubordinate conduct toward warrant
13    officer, noncommissioned officer, or petty officer), 92
14    (Failure to obey order or regulation), 93 (Cruelty and
15    maltreatment), 94 (Mutiny or sedition), 95 (Resistance,
16    flight, breach of arrest, and escape), 96 (Releasing
17    prisoner without proper authority), 97 (Unlawful
18    detention), 98 (Noncompliance with procedural rules), 99
19    (Misbehavior before the enemy), 100 (Subordinate
20    compelling surrender), 101 (Improper use of countersign),
21    102 (Forcing a safeguard), 103 (Captured or abandoned
22    property), 104 (Aiding the enemy), 105 (Misconduct as
23    prisoner), 107 (False official statements), 108 (Military
24    property: loss, damage, destruction, or wrongful
25    disposition), 109 (Property other than military property:
26    waste, spoilage, or destruction), 110 (Improper hazarding

 

 

SB2861- 6 -LRB099 20640 KTG 45234 b

1    of vessel), 112 (Drunk on duty), 112a (Wrongful use,
2    possession, etc., of controlled substances), 113
3    (Misbehavior of sentinel), 114 (Dueling), 115
4    (Malingering), 116 (Riot or breach of peace), 117
5    (Provoking speeches or gestures), 132 (Frauds against the
6    government), 133 (Conduct unbecoming an officer and a
7    gentleman), and 134 (General Article) of this Code.
8        (15) "National security" means the national defense
9    and foreign relations of the United States.
10        (16) "Officer" means a commissioned or warrant
11    officer.
12        (17) "Officer in charge" means a member of the Navy,
13    the Marine Corps, or the Coast Guard designated as such by
14    appropriate authority.
15        (18) "Record", when used in connection with the
16    proceedings of a court-martial, means:
17            (A) an official written transcript, written
18        summary, or other writing relating to the proceedings;
19        or
20            (B) an official audiotape, videotape, digital
21        image or file, or similar material from which sound, or
22        sound and visual images, depicting the proceedings may
23        be reproduced.
24        (19) "Shall" is used in an imperative sense.
25        (20) "State" means one of the several states, the
26    District of Columbia, the Commonwealth of Puerto Rico,

 

 

SB2861- 7 -LRB099 20640 KTG 45234 b

1    Guam, or the U.S. Virgin Islands.
2        (21) "State active duty" means active duty in the State
3    military forces under an order of the Governor or the
4    Adjutant General, or otherwise issued by authority of State
5    law, and paid by State funds.
6        (22) "Senior force judge advocate" means the senior
7    judge advocate of the commander of the same force of the
8    State military forces as the accused and who is that
9    commander's chief legal advisor.
10        (23) "State military forces" means the Illinois
11    National Guard, as defined in Title 32, United States Code
12    and the Military Code of Illinois and any other military
13    force organized under the Constitution and laws of this
14    State, to include the Illinois State Guard when organized
15    by the Governor as Commander-in-Chief under the Military
16    Code of Illinois and the Illinois State Guard Act, and when
17    not in a status subjecting them to exclusive jurisdiction
18    under Chapter 47 of Title 10, United States Code, and
19    travel to and from such duty.
20        (24) "Superior commissioned officer" means a
21    commissioned officer superior in rank or command.
22        (25) "Senior force commander" means the commander of
23    the same force of the State military forces as the accused.
24    (b) The use of the masculine gender throughout this Code
25also includes the feminine gender.
 

 

 

SB2861- 8 -LRB099 20640 KTG 45234 b

1    Section 2. Article 2. Persons subject to this Code;
2jurisdiction.
3    (a) This Code applies to all members of the State military
4forces during any day or portion of a day when in State active
5duty or in a duty status other than State active duty and at no
6other times.
7    (b) Subject matter jurisdiction is established if personal
8jurisdiction is established in subsection (a). However,
9courts-martial have primary jurisdiction of military offenses
10as defined in paragraph (14) of subsection (a) of Article 1 of
11this Code. A proper civilian court has primary jurisdiction of
12a non-military offense when an act or omission violates both
13this Code and a state or local criminal law, foreign or
14domestic. In such a case, a court-martial may be initiated only
15after the civilian authority has declined to prosecute or
16dismissed the charge, provided jeopardy has not attached.
17Jurisdiction over attempted crimes, conspiracy crimes,
18solicitation, and accessory crimes must be determined by the
19underlying offense.
 
20    Section 3. Article 3. Jurisdiction to try certain
21personnel.
22    (a) Each person discharged from the State military forces
23who is later charged with having fraudulently obtained a
24discharge is, subject to Article 43 of this Code, subject to
25trial by court-martial on that charge and is, after

 

 

SB2861- 9 -LRB099 20640 KTG 45234 b

1apprehension, subject to this Code while in custody under the
2direction of the State military forces for that trial. Upon
3conviction of that charge that person is subject to trial by
4court-martial for all offenses under this Code committed before
5the fraudulent discharge.
6    (b) No person who has deserted from the State military
7forces may be relieved from amenability to the jurisdiction of
8this Code by virtue of a separation from any later period of
9service.
 
10    Section 4. Article 4. (Reserved).
 
11    Section 5. Article 5. Territorial applicability of this
12Code.
13    (a) This Code has applicability at all times and in all
14places, provided that there is jurisdiction over the person
15pursuant to subsection (a) of Article 2; however, this grant of
16military jurisdiction shall neither preclude nor limit
17civilian jurisdiction over an offense, which is limited only by
18subsection (b) of Article 2 and the prohibition of double
19jeopardy.
20    (b) Courts-martial and courts of inquiry may be convened
21and held in units of the State military forces while those
22units are serving outside this State with the same jurisdiction
23and powers as to persons subject to this Code as if the
24proceedings were held inside this State, and offenses committed

 

 

SB2861- 10 -LRB099 20640 KTG 45234 b

1outside this State may be tried and punished either inside or
2outside this State.
 
3    Section 6. Article 6. Judge Advocates.
4    (a) The senior force judge advocates in each of the State's
5military forces or that judge advocate's delegates shall make
6frequent inspections in the field in supervision of the
7administration of military justice in that force.
8    (b) Convening authorities shall at all times communicate
9directly with their judge advocates in matters relating to the
10administration of military justice. The judge advocate of any
11command is entitled to communicate directly with the judge
12advocate of a superior or subordinate command, or with the
13State Judge Advocate.
14    (c) No person who has acted as member, military judge,
15trial counsel, defense counsel, or investigating officer, or
16who has been a witness, in any case may later act as a judge
17advocate to any reviewing authority upon the same case.
 
18    Section 6a. Article 6a. Military judges. The Governor or
19the Adjutant General shall appoint at least one judge advocate
20officer from the active rolls of the Illinois National Guard
21who has been previously certified and qualified for duty as a
22military judge by the Judge Advocate General of the judge
23advocate officer's respective armed force under Article 26(b)
24of the federal Uniform Code of Military Justice to serve as a

 

 

SB2861- 11 -LRB099 20640 KTG 45234 b

1military judge under this Code. The military judge shall hold
2the rank of Major or above.
 
3
PART II. APPREHENSION AND RESTRAINT

 
4    Section 7. Article 7. Apprehension.
5    (a) Apprehension is the taking of a person into custody.
6    (b) Any person authorized by this Code or by Chapter 47 of
7Title 10, United States Code, or by regulations issued under
8either, to apprehend persons subject to this Code, any marshal
9of a court-martial appointed pursuant to the provisions of this
10Code, and any peace officer or civil officer having authority
11to apprehend offenders under the laws of the United States or
12of a state, may do so upon probable cause that an offense has
13been committed and that the person apprehended committed it.
14    (c) Commissioned officers, warrant officers, petty
15officers, and noncommissioned officers have authority to quell
16quarrels, frays, and disorders among persons subject to this
17Code and to apprehend persons subject to this Code who take
18part therein.
19    (d) If an offender is apprehended outside this State, the
20offender's return to the area must be in accordance with normal
21extradition procedures or by reciprocal agreement.
22    (e) No person authorized by this Article to apprehend
23persons subject to this Code or the place where such offender
24is confined, restrained, held, or otherwise housed may require

 

 

SB2861- 12 -LRB099 20640 KTG 45234 b

1payment of any fee or charge for so receiving, apprehending,
2confining, restraining, holding, or otherwise housing a person
3except as otherwise provided by law.
 
4    Section 8. Article 8. (Reserved).
 
5    Section 9. Article 9. Imposition of restraint.
6    (a) Arrest is the restraint of a person by an order, not
7imposed as a punishment for an offense, directing him to remain
8within certain specified limits. Confinement is the physical
9restraint of a person.
10    (b) An enlisted member may be ordered into arrest or
11confinement by any commissioned officer by an order, oral or
12written, delivered in person or through other persons subject
13to this Code. A commanding officer may authorize warrant
14officers, petty officers, or noncommissioned officers to order
15enlisted members of the commanding officer's command or subject
16to the commanding officer's authority into arrest or
17confinement.
18    (c) A commissioned officer, a warrant officer, or a
19civilian subject to this Code or to trial thereunder may be
20ordered into arrest or confinement only by a commanding officer
21to whose authority the person is subject, by an order, oral or
22written, delivered in person or by another commissioned
23officer. The authority to order such persons into arrest or
24confinement may not be delegated.

 

 

SB2861- 13 -LRB099 20640 KTG 45234 b

1    (d) No person subject to this Code may be ordered into
2arrest or confinement except for probable cause after
3coordination with a judge advocate officer unless impractical
4or not possible.
5    (e) This Article does not limit the authority of persons
6authorized to apprehend offenders to secure the custody of an
7alleged offender until proper authority may be notified.
 
8    Section 10. Article 10. Restraint of persons charged with
9offenses. Any person subject to this Code charged with an
10offense under this Code may be ordered into arrest or
11confinement, as circumstances may require. When any person
12subject to this Code is placed in arrest or confinement prior
13to trial, immediate steps shall be taken to inform the person
14of the specific wrong of which the person is accused and
15diligent steps shall be taken to try the person or to dismiss
16the charges and release the person.
 
17    Section 11. Article 11. Place of confinement; reports and
18receiving of prisoners.
19    (a) If a person subject to this Code is confined before,
20during, or after trial, confinement shall be in a civilian
21county jail, a Department of Corrections facility, or a
22military confinement facility.
23    (b) No person, Sheriff, or individual in a Department of
24Corrections facility authorized to receive prisoners pursuant

 

 

SB2861- 14 -LRB099 20640 KTG 45234 b

1to subsection (a) may refuse to receive or keep any prisoner
2committed to the person's charge by a commissioned officer of
3the State military forces, when the committing officer
4furnishes a statement, signed by such officer, of the offense
5charged or conviction obtained against the prisoner, unless
6otherwise authorized by law.
7    (c) Every person authorized to receive prisoners pursuant
8to subsection (a) to whose charge a prisoner is committed
9shall, within 24 hours after that commitment or as soon as the
10person is relieved from guard, report to the commanding officer
11of the prisoner the name of the prisoner, the offense charged
12against the prisoner, and the name of the person who ordered or
13authorized the commitment.
 
14    Section 12. Article 12. Confinement with enemy prisoners
15prohibited. No member of the State military forces may be
16placed in confinement in immediate association with enemy
17prisoners or other foreign nationals not members of the armed
18forces.
 
19    Section 13. Article 13. Punishment prohibited before
20trial. No person, while being held for trial or awaiting a
21verdict, may be subjected to punishment or penalty other than
22arrest or confinement upon the charges pending against the
23person, nor shall the arrest or confinement imposed upon such
24person be any more rigorous than the circumstances required to

 

 

SB2861- 15 -LRB099 20640 KTG 45234 b

1ensure the person's presence, but the person may be subjected
2to minor punishment during that period for infractions of
3discipline.
 
4    Section 14. Article 14. Delivery of offenders to civil
5authorities.
6    (a) A person subject to this Code accused of an offense
7against civil authority may be delivered, upon request, to the
8civil authority for trial or confinement.
9    (b) When delivery under this Article is made to any civil
10authority of a person undergoing sentence of a court-martial,
11the delivery, if followed by conviction in a civil tribunal,
12interrupts the execution of the sentence of the court-martial,
13and the offender after having answered to the civil authorities
14for the offense shall, upon the request of competent military
15authority, be returned to the place of original custody for the
16completion of the person's sentence.
 
17
PART III. NON-JUDICIAL PUNISHMENT

 
18    Section 15. Article 15. Non-judicial punishment
19proceedings. Notwithstanding any other provision of law,
20including, but not limited to, the Illinois Administrative
21Procedure Act, the Governor or the Adjutant General is hereby
22authorized to effectuate non-judicial punishment proceedings
23pursuant to such regulations as prescribed in his discretion;

 

 

SB2861- 16 -LRB099 20640 KTG 45234 b

1and said regulations may impose disciplinary punishments for
2minor offenses without the intervention of a court-martial
3pursuant to this Article. The Governor or the Adjutant General
4may delegate the powers to create the regulations under this
5Article to a State Judge Advocate of the State military forces.
 
6
PART IV. COURT-MARTIAL JURISDICTION

 
7    Section 16. Article 16. Courts-martial classified. The 3
8kinds of courts-martial in the State military forces are:
9        (1) general courts-martial, consisting of:
10            (A) a military judge and not less than 5 members;
11        or
12            (B) only a military judge, if before the court is
13        assembled the accused, knowing the identity of the
14        military judge and after consultation with defense
15        counsel, requests orally on the record or in writing a
16        court composed only of a military judge and the
17        military judge approves;
18        (2) special courts-martial, consisting of:
19            (A) a military judge and not less than 3 members;
20        or
21            (B) only a military judge, if one has been detailed
22        to the court, and the accused under the same conditions
23        as those prescribed in subparagraph (B) of paragraph
24        (1) so requests; and

 

 

SB2861- 17 -LRB099 20640 KTG 45234 b

1        (3) summary courts-martial consisting of one
2    commissioned officer.
 
3    Section 17. Article 17. Jurisdiction of courts-martial in
4general. Each component of the State military forces has
5court-martial jurisdiction over all members of the particular
6component who are subject to this Code. Additionally, the Army
7and Air National Guard State military forces have court-martial
8jurisdiction over all members subject to this Code.
 
9    Section 18. Article 18. Jurisdiction of general
10courts-martial. Subject to Article 17 of this Code, general
11courts-martial have jurisdiction to try persons subject to this
12Code for any offense made punishable by this Code, and may,
13under such limitations as the Governor may prescribe, adjudge
14any punishment not forbidden by this Code.
 
15    Section 19. Article 19. Jurisdiction of special
16courts-martial. Subject to Article 17, special courts-martial
17have jurisdiction to try persons subject to this Code for any
18offense made punishable by this Code, and may, under such
19limitations as the Governor may prescribe, adjudge any
20punishment not forbidden by this Code except dishonorable
21discharge, dismissal, confinement for more than one year,
22forfeiture of pay exceeding two-thirds pay per month, or
23forfeiture of pay for more than one year.
 

 

 

SB2861- 18 -LRB099 20640 KTG 45234 b

1    Section 20. Article 20. Jurisdiction of summary
2courts-martial.
3    (a) Subject to Article 17 of this Code, summary
4courts-martial have jurisdiction to try persons subject to this
5Code, except officers, cadets, and candidates for any offense
6made punishable by this Code under such limitations as the
7Governor may prescribe.
8    (b) No person with respect to whom summary courts-martial
9have jurisdiction may be brought to trial before a summary
10court-martial if that person objects thereto. If objection to
11trial by summary court-martial is made by an accused, trial by
12special or general court-martial may be ordered, as may be
13appropriate. Summary courts-martial may, under such
14limitations as the Governor may prescribe, adjudge any
15punishment not forbidden by this Code except dismissal,
16dishonorable or bad-conduct discharge, confinement for more
17than one month, restriction to specified limits for more than 2
18months, or forfeiture of more than two-thirds of one month's
19pay.
 
20    Section 21. Article 21. (Reserved).
 
21
PART V. APPOINTMENT AND COMPOSITION OF COURTS-MARTIAL

 
22    Section 22. Article 22. Who may convene general

 

 

SB2861- 19 -LRB099 20640 KTG 45234 b

1courts-martial.
2    (a) General courts-martial may be convened by:
3        (1) the Governor, or;
4        (2) the Adjutant General.
5    (b) (Reserved).
 
6    Section 23. Article 23. Who may convene special
7courts-martial.
8    (a) Special courts-martial may be convened by:
9        (1) any person who may convene a general court-martial;
10        (2) the Commander of the Illinois Army National of
11    members of the Illinois Army National Guard when empowered
12    by the Adjutant General; or
13        (3) the Commander of the Illinois Air National Guard of
14    members of the Illinois Air National Guard when empowered
15    by the Adjutant General.
16    (b) If any such officer is an accuser, the court shall be
17convened by superior competent authority and may in any case be
18convened by such superior authority if considered desirable by
19such authority.
 
20    Section 24. Article 24. Who may convene summary
21courts-martial.
22    (a) Summary courts-martial may be convened by:
23        (1) any person who may convene a general or special
24    court-martial;

 

 

SB2861- 20 -LRB099 20640 KTG 45234 b

1        (2) the commanding officer or officer in charge of any
2    other command when empowered by the Adjutant General.
3    (b) When only one commissioned officer is present with a
4command or detachment that officer shall be the summary
5court-martial of that command or detachment and shall hear and
6determine all summary court-martial cases. Summary
7courts-martial may, however, be convened in any case by
8superior competent authority if considered desirable by such
9authority.
 
10    Section 25. Article 25. Who may serve on courts-martial.
11    (a) Any commissioned officer of the State military forces
12is eligible to serve on all courts-martial for the trial of any
13person subject to this Code.
14    (b) Any warrant officer of the State military forces is
15eligible to serve on general and special courts-martial for the
16trial of any person subject to this Code, other than a
17commissioned officer.
18    (c) Any enlisted member of the State military forces who is
19not a member of the same unit as the accused is eligible to
20serve on general and special courts-martial for the trial of
21any enlisted member subject to this Code, but that member shall
22serve as a member of a court only if, before the conclusion of
23a session called by the military judge under subsection (a) of
24Article 39 of this Code prior to trial or, in the absence of
25such a session, before the court is assembled for the trial of

 

 

SB2861- 21 -LRB099 20640 KTG 45234 b

1the accused, the accused personally has requested orally on the
2record or in writing that enlisted members serve on it. After
3such a request, the accused may not be tried by a general or
4special court-martial the membership of which does not include
5enlisted members in a number comprising at least one-third of
6the total membership of the court, unless eligible enlisted
7members cannot be obtained on account of physical conditions or
8military exigencies. If such members cannot be obtained, the
9court may be assembled and the trial held without them, but the
10convening authority shall make a detailed written statement, to
11be appended to the record, stating why they could not be
12obtained. In this Article, "unit" means any regularly organized
13body of the State military forces not larger than a company, a
14squadron, a division of the naval militia, or a body
15corresponding to one of them.
16    (d) When it can be avoided, no person subject to this Code
17may be tried by a court-martial any member of which is junior
18to the accused in rank or grade.
19    (e) When convening a court-martial, the convening
20authority shall detail as members thereof such members of the
21State military forces as, in the convening authority's opinion,
22are best qualified for the duty by reason of age, education,
23training, experience, length of service, and judicial
24temperament. No member of the State military forces is eligible
25to serve as a member of a general or special court-martial when
26that member is the accuser, a witness, or has acted as

 

 

SB2861- 22 -LRB099 20640 KTG 45234 b

1investigating officer or as counsel in the same case.
2    (f) Before a court-martial is assembled for the trial of a
3case, the convening authority may excuse a member of the court
4from participating in the case. The convening authority may
5delegate the authority under this subsection to a judge
6advocate or to any other principal assistant.
 
7    Section 25a. Article 25a. (Reserved).
 
8    Section 26. Article 26. Military judge of a general or
9special court-martial.
10    (a) A military judge shall be detailed to each general and
11special court-martial. The military judge shall preside over
12each open session of the court-martial to which the military
13judge has been detailed.
14    (b) In addition to the requirements noted in Article 6a, a
15military judge shall be:
16        (1) an active commissioned officer of an organized
17    state military force;
18        (2) a member in good standing of the bar of the highest
19    court of a state or a member of the bar of a federal court
20    for at least 5 years; and
21        (3) certified as qualified for duty as a military judge
22    by the senior force judge advocate which is the same force
23    as the accused.
24    (c) In the instance when a military judge is not a member

 

 

SB2861- 23 -LRB099 20640 KTG 45234 b

1of the bar of the highest court of this State, the military
2judge shall be deemed admitted pro hac vice, subject to filing
3a certificate with the senior force judge advocate which is the
4same force as the accused setting forth such qualifications
5provided in subsection (b).
6    (d) The military judge of a general or special
7court-martial shall be designated by the senior force judge
8advocate which is the same force as the accused, or a designee,
9for detail by the convening authority. Neither the convening
10authority nor any staff member of the convening authority shall
11prepare or review any report concerning the effectiveness,
12fitness, or efficiency of the military judge so detailed, which
13relates to performance of duty as a military judge.
14    (e) No person is eligible to act as military judge in a
15case if that person is the accuser or a witness, or has acted
16as investigating officer or a counsel in the same case.
17    (f) The military judge of a court-martial may not consult
18with the members of the court except in the presence of the
19accused, trial counsel, and defense counsel nor vote with the
20members of the court.
 
21    Section 27. Article 27. Detail of trial counsel and defense
22counsel.
23    (a)(1) For each general and special court-martial the
24authority convening the court shall detail trial counsel,
25defense counsel, and such assistants as are appropriate.

 

 

SB2861- 24 -LRB099 20640 KTG 45234 b

1    (2) No person who has acted as investigating officer,
2military judge, witness, or court member in any case may act
3later as trial counsel, assistant trial counsel, or, unless
4expressly requested by the accused, as defense counsel or
5assistant or associate defense counsel in the same case. No
6person who has acted for the prosecution may act later in the
7same case for the defense nor may any person who has acted for
8the defense act later in the same case for the prosecution.
9    (b) Except as provided in subsection (c), trial counsel or
10defense counsel detailed for a general or special court-martial
11must be:
12        (1) a judge advocate as defined in paragraph (10) of
13    Article 1 of this Code; and
14        (2) in the case of trial counsel, a member in good
15    standing of the bar of the highest court of the state where
16    the court-martial is held.
17    (c) In the instance when a defense counsel is not a member
18of the bar of the highest court of this State, the defense
19counsel shall be deemed admitted pro hac vice, subject to
20filing a certificate with the military judge setting forth the
21qualifications that counsel is:
22        (1) a commissioned officer of the armed forces of the
23    United States or a component thereof; and
24        (2) a member in good standing of the bar of the highest
25    court of a state; and
26        (3) certified as a judge advocate in the Judge Advocate

 

 

SB2861- 25 -LRB099 20640 KTG 45234 b

1    General's Corps of the Army, Air Force, Navy, or the Marine
2    Corps; or
3        (4) a judge advocate as defined in paragraph (10) of
4    Article 1 of this Code.
 
5    Section 28. Article 28. Detail or employment of reporters
6and interpreters. Under such regulations as may be prescribed,
7the convening authority of a general or special court-martial
8or court of inquiry shall detail or employ qualified court
9reporters, who shall record the proceedings of and testimony
10taken before that court and may detail or employ interpreters
11who shall interpret for the court.
 
12    Section 29. Article 29. Absent and additional members.
13    (a) No member of a general or special court-martial may be
14absent or excused after the court has been assembled for the
15trial of the accused unless excused as a result of a challenge,
16excused by the military judge for physical disability or other
17good cause, or excused by order of the convening authority for
18good cause.
19    (b) Whenever a general court-martial, other than a general
20court-martial composed of a military judge only, is reduced
21below 5 members, the trial may not proceed unless the convening
22authority details new members sufficient in number to provide
23not less than the applicable minimum number of 5 members. The
24trial may proceed with the new members present after the

 

 

SB2861- 26 -LRB099 20640 KTG 45234 b

1recorded evidence previously introduced before the members of
2the court has been read to the court in the presence of the
3military judge, the accused, and counsel for both sides.
4    (c) Whenever a special court-martial, other than a special
5court-martial composed of a military judge only, is reduced
6below 3 members, the trial may not proceed unless the convening
7authority details new members sufficient in number to provide
8not less than 3 members. The trial shall proceed with the new
9members present as if no evidence had been introduced
10previously at the trial, unless a verbatim record of the
11evidence previously introduced before the members of the court
12or a stipulation thereof is read to the court in the presence
13of the military judge, the accused, and counsel for both sides.
14    (d) If the military judge of a court-martial composed of a
15military judge only is unable to proceed with the trial because
16of physical disability, as a result of a challenge, or for
17other good cause, the trial shall proceed, subject to any
18applicable conditions of subparagraph (B) of paragraph (1) of
19Article 16 or subparagraph (B) of paragraph (2) of Article 16
20of this Code, after the detail of a new military judge as if no
21evidence had previously been introduced, unless a verbatim
22record of the evidence previously introduced or a stipulation
23thereof is read in court in the presence of the new military
24judge, the accused, and counsel for both sides.
 
25
PART VI. PRE-TRIAL PROCEDURE

 

 

 

SB2861- 27 -LRB099 20640 KTG 45234 b

1    Section 30. Article 30. Charges and specifications.
2    (a) Charges and specifications shall be signed by a person
3subject to this Code under oath before a commissioned officer
4authorized by subsection (a) of Article 136 of this Code to
5administer oaths and shall state:
6        (1) that the signer has personal knowledge of, or has
7    investigated, the matters set forth therein; and
8        (2) that they are true in fact to the best of the
9    signer's knowledge and belief.
10    (b) Upon the preferring of charges, the proper authority
11shall take immediate steps to determine what disposition should
12be made thereof in the interest of justice and discipline, and
13the person accused shall be informed of the charges as soon as
14practicable.
 
15    Section 31. Article 31. Compulsory self-incrimination
16prohibited.
17    (a) No person subject to this Code may compel any person to
18incriminate himself or to answer any question the answer to
19which may tend to incriminate him.
20    (b) No person subject to this Code may interrogate or
21request any statement from an accused or a person suspected of
22an offense without first informing that person of the nature of
23the accusation and advising that person that the person does
24not have to make any statement regarding the offense of which

 

 

SB2861- 28 -LRB099 20640 KTG 45234 b

1the person is accused or suspected and that any statement made
2by the person may be used as evidence against the person in a
3trial by court-martial.
4    (c) No person subject to this Code may compel any person to
5make a statement or produce evidence before any military court
6if the statement or evidence is not material to the issue and
7may tend to degrade the person.
8    (d) No statement obtained from any person in violation of
9this Article or through the use of coercion, unlawful
10influence, or unlawful inducement may be received in evidence
11against the person in a trial by court-martial.
 
12    Section 32. Article 32. Investigation.
13    (a) No charge or specification may be referred to a general
14or special court-martial for trial until a thorough and
15impartial investigation of all the matters set forth therein
16has been made. This investigation shall include inquiry as to
17the truth of the matter set forth in the charges, consideration
18of the form of charges, and a recommendation as to the
19disposition which should be made of the case in the interest of
20justice and discipline.
21    (b) The accused shall be advised of the charges against the
22accused and of the right to be represented at that
23investigation by counsel. The accused has the right to be
24represented at that investigation as provided in Article 38 of
25this Code and in regulations prescribed under that Article. At

 

 

SB2861- 29 -LRB099 20640 KTG 45234 b

1that investigation, full opportunity shall be given to the
2accused to cross-examine witnesses against the accused, if they
3are available, and to present anything the accused may desire
4in the accused's own behalf, either in defense or mitigation,
5and the investigating officer shall examine available
6witnesses requested by the accused. If the charges are
7forwarded after the investigation, they shall be accompanied by
8a statement of the substance of the testimony taken on both
9sides and a copy thereof shall be given to the accused.
10    (c) If an investigation of the subject matter of an offense
11has been conducted before the accused is charged with the
12offense, and if the accused was present at the investigation
13and afforded the opportunities for representation,
14cross-examination, and presentation prescribed in subsection
15(b), no further investigation of that charge is necessary under
16this Article unless it is demanded by the accused after the
17accused is informed of the charge. A demand for further
18investigation entitles the accused to recall witnesses for
19further cross-examination and to offer any new evidence in the
20accused's own behalf.
21    (d) If evidence adduced in an investigation under this
22Article indicates that the accused committed an uncharged
23offense, the investigating officer may investigate the subject
24matter of that offense without the accused having first been
25charged with the offense if the accused:
26        (1) is present at the investigation;

 

 

SB2861- 30 -LRB099 20640 KTG 45234 b

1        (2) is informed of the nature of each uncharged offense
2    investigated; and
3        (3) is afforded the opportunities for representation,
4    cross-examination, and presentation prescribed in
5    subsection (b).
6    (e) The requirements of this Article are binding on all
7persons administering this Code but failure to follow them does
8not constitute jurisdictional error.
 
9    Section 33. Article 33. Forwarding of charges. When a
10person is held for trial by general court-martial, the
11commanding officer shall within 15 days after the accused is
12ordered into arrest or confinement, if practicable, forward the
13charges, together with the investigation and allied papers, to
14the person exercising general court-martial jurisdiction. If
15that is not practicable, the commanding officer shall report in
16writing to that person the reasons for delay.
 
17    Section 34. Article 34. Advice of judge advocate and
18reference for trial.
19    (a) Before directing the trial of any charge by general or
20special court-martial, the convening authority shall refer it
21to a judge advocate for consideration and advice. The convening
22authority may not refer a specification under a charge to a
23general or special court-martial for trial unless the convening
24authority has been advised in writing by a judge advocate that:

 

 

SB2861- 31 -LRB099 20640 KTG 45234 b

1        (1) the specification alleges an offense under this
2    Code;
3        (2) the specification is warranted by the evidence
4    indicated in the report of investigation under Article 32
5    of this Code, if there is such a report; and
6        (3) a court-martial would have jurisdiction over the
7    accused and the offense.
8    (b) The advice of the judge advocate under subsection (a)
9with respect to a specification under a charge shall include a
10written and signed statement by the judge advocate:
11        (1) expressing conclusions with respect to each matter
12    set forth in subsection (a); and
13        (2) recommending action that the convening authority
14    take regarding the specification.
15If the specification is referred for trial, the recommendation
16of the judge advocate shall accompany the specification.
17    (c) If the charges or specifications are not correct
18formally or do not conform to the substance of the evidence
19contained in the report of the investigating officer, formal
20corrections, and such changes in the charges and specifications
21as are needed to make them conform to the evidence, may be
22made.
 
23    Section 35. Article 35. Service of charges. The trial
24counsel shall serve or caused to be served upon the accused a
25copy of the charges. No person may, against the person's

 

 

SB2861- 32 -LRB099 20640 KTG 45234 b

1objection, be brought to trial before a general court-martial
2case within a period of 60 days after the service of charges
3upon the accused, or in a special court-martial, within a
4period of 45 days after the service of charges upon the
5accused.
 
6
PART VII. TRIAL PROCEDURE

 
7    Section 36. Article 36. Governor or the Adjutant General
8may prescribe rules. Notwithstanding any other provision of
9law, including, but not limited to, the Illinois Administrative
10Procedure Act, the Governor or the Adjutant General may
11prescribe pretrial, trial, and post-trial procedures,
12including modes of proof, for courts-martial cases arising
13under this Code, and for courts of inquiry, by Executive Order
14or regulations, which shall apply the principles of law and the
15rules of evidence generally recognized in military criminal
16cases in the courts of the Armed Forces of the United States
17but which may not be contrary to or inconsistent with this
18Code. The Governor or the Adjutant General may prescribe courts
19of inquiry by regulations, or as otherwise provided by law,
20which shall apply the principles of law and the rules of
21evidence generally recognized in military cases.
 
22    Section 37. Article 37. Unlawfully influencing action of
23court.

 

 

SB2861- 33 -LRB099 20640 KTG 45234 b

1    (a) No authority convening a general, special, or summary
2court-martial, nor any other commanding officer, or officer
3serving on the staff thereof, may censure, reprimand, or
4admonish the court or any member, the military judge, or
5counsel thereof, with respect to the findings or sentence
6adjudged by the court or with respect to any other exercise of
7its or their functions in the conduct of the proceedings. No
8person subject to this Code may attempt to coerce or, by any
9unauthorized means, influence the action of a court-martial or
10court of inquiry or any member thereof, in reaching the
11findings or sentence in any case, or the action of any
12convening, approving, or reviewing authority with respect to
13their judicial acts. The foregoing provisions of this
14subsection shall not apply with respect to (1) general
15instructional or informational courses in military justice if
16such courses are designed solely for the purpose of instructing
17members of a command in the substantive and procedural aspects
18of courts-martial or (2) statements and instructions given in
19open court by the military judge, summary court-martial
20officer, or counsel.
21    (b) In the preparation of an effectiveness, fitness, or
22efficiency report, or any other report or document used in
23whole or in part for the purpose of determining whether a
24member of the State military forces is qualified to be advanced
25in grade, or in determining the assignment or transfer of a
26member of the State military forces, or in determining whether

 

 

SB2861- 34 -LRB099 20640 KTG 45234 b

1a member of the State military forces should be retained on
2active status, no person subject to this Code may, in preparing
3any such report, (1) consider or evaluate the performance of
4duty of any such member as a member of a court-martial or
5witness therein or (2) give a less favorable rating or
6evaluation of any counsel of the accused because of zealous
7representation before a court-martial.
 
8    Section 38. Article 38. Duties of trial counsel and defense
9counsel.
10    (a) The trial counsel of a general or special court-martial
11shall be a member in good standing of the State bar and shall
12prosecute in the name of the State of Illinois, and shall,
13under the direction of the court, prepare the record of the
14proceedings.
15    (b)(1) The accused has the right to be represented in
16defense before a general or special court-martial or at an
17investigation under Article 32 of this Code as provided in this
18subsection.
19    (2) The accused may be represented by civilian counsel at
20the provision and expense of the accused.
21    (3) The accused may be represented:
22        (A) by military counsel detailed under Article 27 of
23    this Code; or
24        (B) by military counsel of the accused's own selection
25    if that counsel is reasonably available as determined under

 

 

SB2861- 35 -LRB099 20640 KTG 45234 b

1    paragraph (7).
2    (4) If the accused is represented by civilian counsel,
3military counsel detailed or selected under paragraph (3) shall
4act as associate counsel unless excused at the request of the
5accused.
6    (5) Except as provided under paragraph (6), if the accused
7is represented by military counsel of his own selection under
8subparagraph (B) of paragraph (3), any military counsel
9detailed under subparagraph (A) of paragraph (3) shall be
10excused.
11    (6) The accused is not entitled to be represented by more
12than one military counsel. However, the person authorized under
13regulations prescribed under Article 27 of this Code to detail
14counsel, in that person's sole discretion:
15        (A) may detail additional military counsel as
16    assistant defense counsel; and
17        (B) if the accused is represented by military counsel
18    of the accused's own selection under subparagraph (B) of
19    paragraph (3), may approve a request from the accused that
20    military counsel detailed under subparagraph (A) of
21    paragraph (3) act as associate defense counsel.
22    (7) The senior State Judge Advocate of the same state of
23which the accused is a member shall determine whether the
24military counsel selected by an accused is reasonably
25available.
26    (c) In any court-martial proceeding resulting in a

 

 

SB2861- 36 -LRB099 20640 KTG 45234 b

1conviction, the defense counsel:
2        (1) may forward for attachment to the record of
3    proceedings a brief of such matters as counsel determines
4    should be considered in behalf of the accused on review,
5    including any objection to the contents of the record which
6    counsel considers appropriate;
7        (2) may assist the accused in the submission of any
8    matter under Article 60 of this Code; and
9        (3) may take other action authorized by this Code.
 
10    Section 39. Article 39. Sessions.
11    (a) At any time after the service of charges which have
12been referred for trial to a court-martial composed of a
13military judge and members, the military judge may, subject to
14Article 35 of this Code, call the court into session without
15the presence of the members for the purpose of:
16        (1) hearing and determining motions raising defenses
17    or objections which are capable of determination without
18    trial of the issues raised by a plea of not guilty;
19        (2) hearing and ruling upon any matter which may be
20    ruled upon by the military judge under this Code, whether
21    or not the matter is appropriate for later consideration or
22    decision by the members of the court;
23        (3) holding the arraignment and receiving the pleas of
24    the accused; and
25        (4) performing any other procedural function which

 

 

SB2861- 37 -LRB099 20640 KTG 45234 b

1    does not require the presence of the members of the court
2    under this Code.
3These proceedings shall be conducted in the presence of the
4accused, the defense counsel, and the trial counsel and shall
5be made a part of the record. These proceedings may be
6conducted notwithstanding the number of court members and
7without regard to Article 29.
8    (b) When the members of a court-martial deliberate or vote,
9only the members may be present. All other proceedings,
10including any other consultation of the members of the court
11with counsel or the military judge, shall be made a part of the
12record and shall be in the presence of the accused, the defense
13counsel, the trial counsel, and the military judge.
 
14    Section 40. Article 40. Continuances. The military judge of
15a court-martial may, for reasonable cause, grant a continuance
16to any party for such time, and as often, as may appear to be
17just.
 
18    Section 41. Article 41. Challenges.
19    (a)(1) The military judge and members of a general or
20special court-martial may be challenged by the accused or the
21trial counsel for cause stated to the court. The military judge
22or the court shall determine the relevancy and validity of
23challenges for cause and may not receive a challenge to more
24than one person at a time. Challenges by the trial counsel

 

 

SB2861- 38 -LRB099 20640 KTG 45234 b

1shall ordinarily be presented and decided before those by the
2accused are offered.
3    (2) If exercise of a challenge for cause reduces the court
4below the minimum number of members required by Article 16 of
5this Code, all parties shall, notwithstanding Article 29 of
6this Code, either exercise or waive any challenge for cause
7then apparent against the remaining members of the court before
8additional members are detailed to the court. However,
9peremptory challenges shall not be exercised at that time.
10    (b)(1) Each accused and the trial counsel are entitled
11initially to one peremptory challenge of members of the court.
12The military judge may not be challenged except for cause.
13    (2) If exercise of a peremptory challenge reduces the court
14below the minimum number of members required by Article 16 of
15this Code, the parties shall, notwithstanding Article 29 of
16this Code, either exercise or waive any remaining peremptory
17challenge, not previously waived, against the remaining
18members of the court before additional members are detailed to
19the court.
20    (3) Whenever additional members are detailed to the court,
21and after any challenges for cause against such additional
22members are presented and decided, each accused and the trial
23counsel are entitled to one peremptory challenge against
24members not previously subject to peremptory challenge.
 
25    Section 42. Article 42. Oaths or affirmations.

 

 

SB2861- 39 -LRB099 20640 KTG 45234 b

1    (a) Before performing their respective duties, military
2judges, general and special courts-martial members, trial
3counsel, defense counsel, reporters, and interpreters shall
4take an oath or affirmation in the presence of the accused to
5perform their duties faithfully. The form of the oath or
6affirmation, the time and place of the taking thereof, the
7manner of recording the same, and whether the oath or
8affirmation shall be taken for all cases in which these duties
9are to be performed or for a particular case, shall be as
10prescribed in regulation or as provided by law. These
11regulations may provide that an oath or affirmation to perform
12faithfully the duties as a military judge, trial counsel, or
13defense counsel may be taken at any time by any judge advocate
14or other person certified or designated to be qualified or
15competent for the duty, and if such an oath or affirmation is
16taken, it need not again be taken at the time the judge
17advocate or other person is detailed to that duty.
18    (b) Each witness before a court-martial shall be examined
19under oath or affirmation.
 
20    Section 43. Article 43. Statute of limitations.
21    (a) Except as otherwise provided in this Article, a person
22charged with any offense is not liable to be tried by
23court-martial or punished under Article 15 of this Code if the
24offense was committed more than 3 years before the receipt of
25sworn charges and specifications by an officer exercising

 

 

SB2861- 40 -LRB099 20640 KTG 45234 b

1court-martial jurisdiction over the command or before the
2imposition of punishment under Article 15 of this Code.
3    (b) Periods in which the accused is absent without
4authority or fleeing from justice shall be excluded in
5computing the period of limitation prescribed in this Article.
6    (c) Periods in which the accused was absent from territory
7in which this State has the authority to apprehend him, or in
8the custody of civil authorities, or in the hands of the enemy,
9shall be excluded in computing the period of limitation
10prescribed in this Article.
11    (d) When the United States is at war or armed conflict
12authorized by law, the running of any statute of limitations
13applicable to any offense under this Code:
14        (1) involving fraud or attempted fraud against the
15    United States, any state, or any agency of either in any
16    manner, whether by conspiracy or not;
17        (2) committed in connection with the acquisition,
18    care, handling, custody, control, or disposition of any
19    real or personal property of the United States or any
20    state; or
21        (3) committed in connection with the negotiation,
22    procurement, award, performance, payment, interim
23    financing, cancellation, or other termination or
24    settlement, of any contract, subcontract, or purchase
25    order which is connected with or related to the prosecution
26    of the war, or with any disposition of termination

 

 

SB2861- 41 -LRB099 20640 KTG 45234 b

1    inventory by any war contractor or Government agency;
2is suspended until 2 years after the termination of hostilities
3or armed conflict as proclaimed by the President or by a joint
4resolution of Congress.
5    (e)(1) If charges or specifications are dismissed as
6defective or insufficient for any cause and the period
7prescribed by the applicable statute of limitations:
8        (A) has expired; or
9        (B) will expire within 180 days after the date of
10    dismissal of the charges and specifications;
11trial and punishment under new charges and specifications are
12not barred by the statute of limitations if the conditions
13specified in paragraph (2) are met.
14    (2) The conditions referred to in paragraph (1) are that
15the new charges and specifications must:
16        (A) be received by an officer exercising special
17    court-martial jurisdiction over the command within 180
18    days after the dismissal of the charges or specifications;
19    and
20        (B) allege the same acts or omissions that were alleged
21    in the dismissed charges or specifications (or allege acts
22    or omissions that were included in the dismissed charges or
23    specifications).
 
24    Section 44. Article 44. Former jeopardy.
25    (a) No person may, without his consent, be tried a second

 

 

SB2861- 42 -LRB099 20640 KTG 45234 b

1time for the same offense.
2    (b) No proceeding in which an accused has been found guilty
3by a court-martial upon any charge or specification is a trial
4in the sense of this Article until the finding of guilty has
5become final after review of the case has been fully completed.
6    (c) A proceeding which, after the introduction of evidence
7but before a finding, is dismissed or terminated by the
8convening authority or on motion of the prosecution for failure
9of available evidence or witnesses without any fault of the
10accused is a trial in the sense of this Article.
 
11    Section 45. Article 45. Pleas of the accused.
12    (a) If an accused after arraignment makes an irregular
13pleading, or after a plea of guilty sets up matter inconsistent
14with the plea, or if it appears that the accused has entered
15the plea of guilty improvidently or through lack of
16understanding of its meaning and effect, or if the accused
17fails or refuses to plead, a plea of not guilty shall be
18entered in the record, and the court shall proceed as though
19the accused had pleaded not guilty.
20    (b) With respect to any charge or specification to which a
21plea of guilty has been made by the accused and accepted by the
22military judge or by a court-martial without a military judge,
23a finding of guilty of the charge or specification may be
24entered immediately without vote. This finding shall
25constitute the finding of the court unless the plea of guilty

 

 

SB2861- 43 -LRB099 20640 KTG 45234 b

1is withdrawn prior to announcement of the sentence, in which
2event, the proceedings shall continue as though the accused had
3pleaded not guilty.
 
4    Section 46. Article 46. Opportunity to obtain witnesses and
5other evidence. The trial counsel, the defense counsel, and the
6court-martial shall have equal opportunity to obtain witnesses
7and other evidence as prescribed by regulations and provided by
8law. Process issued in court-martial cases to compel witnesses
9to appear and testify and to compel the production of other
10evidence shall apply the principles of law and the rules of
11courts-martial generally recognized in military criminal cases
12in the courts of the armed forces of the United States, but
13which may not be contrary to or inconsistent with this Code.
14Process shall run to any part of the United States, or the
15Territories, Commonwealths, and possessions, and may be
16executed by civil officers as prescribed by the laws of the
17place where the witness or evidence is located or of the United
18States.
 
19    Section 47. Article 47. Refusal to appear or testify.
20    (a) Any person not subject to this Code who:
21        (1) has been duly subpoenaed to appear as a witness or
22    to produce books and records before a court-martial or
23    court of inquiry, or before any military or civil officer
24    designated to take a deposition to be read in evidence

 

 

SB2861- 44 -LRB099 20640 KTG 45234 b

1    before such a court;
2        (2) has been duly paid or tendered the fees and mileage
3    of a witness at the rates allowed to witnesses attending a
4    criminal court of this State; and
5        (3) willfully neglects or refuses to appear, or refuses
6    to qualify as a witness or to testify or to produce any
7    evidence which that person may have been legally subpoenaed
8    to produce;
9may be punished by the military court in the same manner as a
10criminal court of this State.
11    (b) The fees and mileage of witnesses shall be advanced or
12paid out of the appropriations for the compensation of
13witnesses.
 
14    Section 48. Article 48. Contempts. A military judge may
15punish for contempt any person who refuses a court order, is
16disrespectful to the court, or who uses any menacing word,
17sign, or gesture in its presence, or who disturbs its
18proceedings by any riot or disorder.
19    (a) A person subject to this Code may be punished for
20contempt by confinement not to exceed 30 days or a fine up to
21$500, or both.
22    (b) A person not subject to this Code may be punished for
23contempt by a military court in the same manner as a criminal
24court of this State.
 

 

 

SB2861- 45 -LRB099 20640 KTG 45234 b

1    Section 49. Article 49. Depositions.
2    (a) At any time after charges have been signed as provided
3in Article 30 of this Code, any party may take oral or written
4depositions unless the military judge hearing the case or, if
5the case is not being heard, an authority competent to convene
6a court-martial for the trial of those charges forbids it for
7good cause.
8    (b) The party at whose instance a deposition is to be taken
9shall give to every other party reasonable written notice of
10the time and place for taking the deposition.
11    (c) Depositions may be taken before and authenticated by
12any military or civil officer authorized by the laws of this
13State or by the laws of the place where the deposition is taken
14to administer oaths.
15    (d) A duly authenticated deposition taken upon reasonable
16notice to the other parties, so far as otherwise admissible
17under the rules of evidence, may be read in evidence or, in the
18case of audiotape, videotape, digital image or file, or similar
19material, may be played in evidence before any military court,
20if it appears:
21        (1) that the witness resides or is beyond the state in
22    which the court is ordered to sit, or beyond 100 miles from
23    the place of trial or hearing;
24        (2) that the witness by reason of death, age, sickness,
25    bodily infirmity, imprisonment, military necessity,
26    non-amenability to process, or other reasonable cause, is

 

 

SB2861- 46 -LRB099 20640 KTG 45234 b

1    unable or refuses to appear and testify in person at the
2    place of trial or hearing; or
3        (3) that the present whereabouts of the witness is
4    unknown.
 
5    Section 50. Article 50. Admissibility of records of courts
6of inquiry.
7    (a) In any case not extending to the dismissal of a
8commissioned officer, the sworn testimony, contained in the
9duly authenticated record of proceedings of a court of inquiry,
10of a person whose oral testimony cannot be obtained, may, if
11otherwise admissible under the rules of evidence, be read in
12evidence by any party before a court-martial if the accused was
13a party before the court of inquiry and if the same issue was
14involved or if the accused consents to the introduction of such
15evidence.
16    (b) Such testimony may be read in evidence only by the
17defense in cases extending to the dismissal of a commissioned
18officer.
19    (c) Such testimony may also be read in evidence before a
20court of inquiry.
 
21    Section 50a. Article 50a. Defense of lack of mental
22responsibility.
23    (a) It is an affirmative defense in a trial by
24court-martial that, at the time of the commission of the acts

 

 

SB2861- 47 -LRB099 20640 KTG 45234 b

1constituting the offense, the accused, as a result of a severe
2mental disease or defect, was unable to appreciate the nature
3and quality or the wrongfulness of the acts. Mental disease or
4defect does not otherwise constitute a defense.
5    (b) The accused has the burden of proving the defense of
6lack of mental responsibility by clear and convincing evidence.
7    (c) Whenever lack of mental responsibility of the accused
8with respect to an offense is properly at issue, the military
9judge shall instruct the members of the court as to the defense
10of lack of mental responsibility under this Article and charge
11them to find the accused:
12        (1) guilty;
13        (2) not guilty; or
14        (3) not guilty only by reason of lack of mental
15    responsibility.
16    (d) Subsection (c) does not apply to a court-martial
17composed of a military judge only. In the case of a
18court-martial composed of a military judge only, whenever lack
19of mental responsibility of the accused with respect to an
20offense is properly at issue, the military judge shall find the
21accused:
22        (1) guilty;
23        (2) not guilty; or
24        (3) not guilty only by reason of lack of mental
25    responsibility.
26    (e) Notwithstanding the provisions of Article 52 of this

 

 

SB2861- 48 -LRB099 20640 KTG 45234 b

1Code, the accused shall be found not guilty only by reason of
2lack of mental responsibility if:
3        (1) a majority of the members of the court-martial
4    present at the time the vote is taken determines that the
5    defense of lack of mental responsibility has been
6    established; or
7        (2) in the case of a court-martial composed of a
8    military judge only, the military judge determines that the
9    defense of lack of mental responsibility has been
10    established.
 
11    Section 51. Article 51. Voting and rulings.
12    (a) Voting by members of a general or special court-martial
13on the findings and on the sentence shall be by secret written
14ballot. The junior member of the court shall count the votes.
15The count shall be checked by the president, who shall
16forthwith announce the result of the ballot to the members of
17the court.
18    (b) The military judge shall rule upon all questions of law
19and all interlocutory questions arising during the
20proceedings. Any such ruling made by the military judge upon
21any question of law or any interlocutory question other than
22the factual issue of mental responsibility of the accused is
23final and constitutes the ruling of the court. However, the
24military judge may change the ruling at any time during the
25trial. Unless the ruling is final, if any member objects

 

 

SB2861- 49 -LRB099 20640 KTG 45234 b

1thereto, the court shall be cleared and closed and the question
2decided by a voice vote as provided in Article 52 of this Code,
3beginning with the junior in rank.
4    (c) Before a vote is taken on the findings, the military
5judge shall, in the presence of the accused and counsel,
6instruct the members of the court as to the elements of the
7offense and charge them:
8        (1) that the accused must be presumed to be innocent
9    until his guilt is established by legal and competent
10    evidence beyond reasonable doubt;
11        (2) that in the case being considered, if there is a
12    reasonable doubt as to the guilt of the accused, the doubt
13    must be resolved in favor of the accused and the accused
14    must be acquitted;
15        (3) that, if there is a reasonable doubt as to the
16    degree of guilt, the finding must be in a lower degree as
17    to which there is no reasonable doubt; and
18        (4) that the burden of proof to establish the guilt of
19    the accused beyond reasonable doubt is upon the State.
20    (d) Subsections (a), (b), and (c) do not apply to a
21court-martial composed of a military judge only. The military
22judge of such a court-martial shall determine all questions of
23law and fact arising during the proceedings and, if the accused
24is convicted, adjudge an appropriate sentence. The military
25judge of such a court-martial shall make a general finding and
26shall in addition, on request, find the facts specially. If an

 

 

SB2861- 50 -LRB099 20640 KTG 45234 b

1opinion or memorandum of decision is filed, it will be
2sufficient if the findings of fact appear therein.
 
3    Section 52. Article 52. Number of votes required.
4    (a) No person may be convicted of an offense except as
5provided in subsection (b) of Article 45 of this Code or by the
6concurrence of two-thirds of the members present at the time
7the vote is taken.
8    (b) All other questions to be decided by the members of a
9general or special court-martial shall be determined by a
10majority vote, but a determination to reconsider a finding of
11guilty or to reconsider a sentence, with a view toward
12decreasing it, may be made by any lesser vote which indicates
13that the reconsideration is not opposed by the number of votes
14required for that finding or sentence. A tie vote on a
15challenge disqualifies the member challenged. A tie vote on a
16motion relating to the question of the accused's sanity is a
17determination against the accused. A tie vote on any other
18question is a determination in favor of the accused.
 
19    Section 53. Article 53. Court to announce action. A
20court-martial shall announce its findings and sentence to the
21parties as soon as determined.
 
22    Section 54. Article 54. Record of trial.
23    (a) Each general and special court-martial shall keep a

 

 

SB2861- 51 -LRB099 20640 KTG 45234 b

1separate record of the proceedings in each case brought before
2it, and the record shall be authenticated by the signature of
3the military judge. If the record cannot be authenticated by
4the military judge by reason of his death, disability, or
5absence, it shall be authenticated by the signature of the
6trial counsel or by that of a member, if the trial counsel is
7unable to authenticate it by reason of his death, disability,
8or absence. In a court-martial consisting of only a military
9judge, the record shall be authenticated by the court reporter
10under the same conditions which would impose such a duty on a
11member under this subsection.
12    (b)(1) A complete verbatim record of the proceedings and
13testimony shall be prepared in each general and special
14court-martial case resulting in a conviction.
15    (2) In all other court-martial cases, the record shall
16contain such matters as may be prescribed by regulations.
17    (c) A copy of the record of the proceedings of each general
18and special court-martial shall be given to the accused as soon
19as it is authenticated.
 
20
PART VIII. SENTENCES

 
21    Section 55. Article 55. Cruel and unusual punishments
22prohibited. Punishment by flogging, or by branding, marking, or
23tattooing on the body, or any other cruel or unusual punishment
24may not be adjudged by a court-martial or inflicted upon any

 

 

SB2861- 52 -LRB099 20640 KTG 45234 b

1person subject to this Code. The use of irons, single or
2double, except for the purpose of safe custody, is prohibited.
 
3    Section 56. Article 56. Maximum limits.
4    (a) The punishment which a court-martial may direct for an
5offense may not exceed such limits as prescribed by this Code,
6but in no instance may a sentence exceed more than 10 years for
7a military offense, nor shall a sentence of death be adjudged.
8A conviction by general court-martial of any military offense
9for which an accused may receive a sentence of confinement for
10more than one year is a felony offense. All other military
11offenses are misdemeanors.
12    (b) The limits of punishment for violations of the punitive
13Articles prescribed herein shall be equal to or lesser of the
14sentences prescribed by the Manual for Courts-Martial of the
15United States in effect on the effective date of this Code, and
16in no instance shall any punishment exceed that authorized by
17this Code.
 
18    Section 56a. Article 56a. (Reserved).
 
19    Section 57. Article 57. Effective date of sentences.
20    (a) Whenever a sentence of a court-martial as lawfully
21adjudged and approved includes a forfeiture of pay or
22allowances in addition to confinement not suspended, the
23forfeiture may apply to pay or allowances becoming due on or

 

 

SB2861- 53 -LRB099 20640 KTG 45234 b

1after the date the sentence is approved by the convening
2authority. No forfeiture may extend to any pay or allowances
3accrued before that date.
4    (b) Any period of confinement included in a sentence of a
5court-martial begins to run from the date the sentence is
6adjudged by the court-martial, but periods during which the
7sentence to confinement is suspended or deferred shall be
8excluded in computing the service of the term of confinement.
9    (c) All other sentences of courts-martial are effective on
10the date ordered executed.
 
11    Section 57a. Article 57a. Deferment of sentences.
12    (a) On application by an accused who is under sentence to
13confinement that has not been ordered executed, the convening
14authority or, if the accused is no longer under that person's
15jurisdiction, the person exercising general court-martial
16jurisdiction over the command to which the accused is currently
17assigned, may in that person's sole discretion defer service of
18the sentence to confinement. The deferment shall terminate when
19the sentence is ordered executed. The deferment may be
20rescinded at any time by the person who granted it or, if the
21accused is no longer under that person's jurisdiction, by the
22person exercising general court-martial jurisdiction over the
23command to which the accused is currently assigned.
24    (b)(1) In any case in which a court-martial sentences an
25accused referred to in paragraph (2) to confinement, the

 

 

SB2861- 54 -LRB099 20640 KTG 45234 b

1convening authority may defer the service of the sentence to
2confinement, without the consent of the accused, until after
3the accused has been permanently released to the State military
4forces by a state, the United States, or a foreign country
5referred to in that paragraph.
6    (2) Paragraph (1) applies to a person subject to this Code
7who:
8        (A) while in the custody of a state, the United States,
9    or a foreign country is temporarily returned by that state,
10    the United States, or a foreign country to the State
11    military forces for trial by court-martial; and
12        (B) after the court-martial, is returned to that state,
13    the United States, or a foreign country under the authority
14    of a mutual agreement or treaty, as the case may be.
15    (3) In this subsection, the term "state" includes the
16District of Columbia and any Commonwealth, Territory, or
17possession of the United States.
18    (c) In any case in which a court-martial sentences an
19accused to confinement and the sentence to confinement has been
20ordered executed, but in which review of the case under Article
2167a of this Code is pending, the Adjutant General may defer
22further service of the sentence to confinement while that
23review is pending.
 
24    Section 58. Article 58. Execution of confinement.
25    (a) A sentence of confinement adjudged by a court-martial,

 

 

SB2861- 55 -LRB099 20640 KTG 45234 b

1whether or not the sentence includes discharge or dismissal,
2and whether or not the discharge or dismissal has been
3executed, may be carried into execution by confinement in any
4place authorized by this Code. Persons so confined are subject
5to the same discipline and treatment as persons regularly
6confined or committed to that place of confinement.
7    (b) The omission of hard labor as a sentence authorized
8under this Code does not deprive the State confinement facility
9from employing it, if it otherwise is within the authority of
10that facility to do so.
11    (c) No place of confinement may require payment of any fee
12or charge for so receiving or confining a person except as
13otherwise provided by law.
 
14    Section 58a. Article 58a. Sentences: reduction in enlisted
15grade upon approval.
16    (a) A court-martial sentence of an enlisted member in a pay
17grade above E-1, as approved by the convening authority, that
18includes:
19        (1) a dishonorable or bad-conduct discharge; or
20        (2) confinement;
21reduces that member to pay grade E-1, effective on the date of
22that approval.
23    (b) If the sentence of a member who is reduced in pay grade
24under subsection (a) is set aside or disapproved, or, as
25finally approved, does not include any punishment named in

 

 

SB2861- 56 -LRB099 20640 KTG 45234 b

1paragraphs (1) or (2) of subsection (a), the rights and
2privileges of which the person was deprived because of that
3reduction shall be restored, including pay and allowances.
 
4    Section 58b. Article 58b. Sentences: forfeiture of pay and
5allowances during confinement.
6    (a)(1) A court-martial sentence described in paragraph (2)
7shall result in the forfeiture of pay, or of pay and
8allowances, due that member during any period of confinement or
9parole. The forfeiture pursuant to this Article shall take
10effect on the date determined under subsection (a) of Article
1157 of this Code and may be deferred as provided by that
12Article. The pay and allowances forfeited, in the case of a
13general court-martial, shall be all pay and allowances due that
14member during such period and, in the case of a special
15court-martial, shall be two-thirds of all pay due that member
16during such period.
17    (2) A sentence covered by this Article is any sentence that
18includes:
19        (A) confinement for more than 6 months; or
20        (B) confinement for 6 months or less and a dishonorable
21    or bad-conduct discharge or dismissal.
22    (b) In a case involving an accused who has dependents, the
23convening authority or other person acting under Article 60 of
24this Code may waive any or all of the forfeitures of pay and
25allowances required by subsection (a) for a period not to

 

 

SB2861- 57 -LRB099 20640 KTG 45234 b

1exceed 6 months. Any amount of pay or allowances that, except
2for a waiver under this subsection, would be forfeited shall be
3paid, as the convening authority or other person taking action
4directs, to the dependents of the accused.
5    (c) If the sentence of a member who forfeits pay and
6allowances under subsection (a) is set aside or disapproved or,
7as finally approved, does not provide for a punishment referred
8to in paragraph (2) of subsection (a), the member shall be paid
9the pay and allowances which the member would have been paid,
10except for the forfeiture, for the period during which the
11forfeiture was in effect.
 
12
PART IX. POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

 
13    Section 59. Article 59. Error of law; lesser included
14offense.
15    (a) A finding or sentence of a court-martial may not be
16held incorrect on the ground of an error of law unless the
17error materially prejudices the substantial rights of the
18accused.
19    (b) Any reviewing authority with the power to approve or
20affirm a finding of guilty may approve or affirm, instead, so
21much of the finding as includes a lesser included offense.
 
22    Section 60. Article 60. Action by the convening authority.
23    (a) The findings and sentence of a court-martial shall be

 

 

SB2861- 58 -LRB099 20640 KTG 45234 b

1reported promptly to the convening authority after the
2announcement of the sentence.
3    (b)(1) The accused may submit to the convening authority
4matters for consideration by the convening authority with
5respect to the findings and the sentence. Any such submission
6shall be in writing. Such a submission shall be made within 30
7days after the accused has been given an authenticated record
8of trial and, if applicable, the recommendation of a judge
9advocate under subsection (d).
10    (2) If the accused shows that additional time is required
11for the accused to submit such matters, the convening authority
12or other person taking action under this Article, for good
13cause, may extend the applicable period under paragraph (1) for
14not more than an additional 20 days.
15    (3) The accused may waive the right to make a submission to
16the convening authority under paragraph (1). Such a waiver must
17be made in writing and may not be revoked. For the purposes of
18paragraph (2) of subsection (c), the time within which the
19accused may make a submission under this subsection (b) shall
20be deemed to have expired upon the submission of such a waiver
21to the convening authority.
22    (c)(1) The authority under this Article to modify the
23findings and sentence of a court-martial is a matter of command
24prerogative involving the sole discretion of the convening
25authority. If it is impractical for the convening authority to
26act, the convening authority shall forward the case to a person

 

 

SB2861- 59 -LRB099 20640 KTG 45234 b

1exercising general court-martial jurisdiction who may take
2action under this Article.
3    (2) Action on the sentence of a court-martial shall be
4taken by the convening authority or by another person
5authorized to act under this Article. Such action may be taken
6only after consideration of any matters submitted by the
7accused under subsection (b) or after the time for submitting
8such matters expires, whichever is earlier. The convening
9authority or other person taking such action, in that person's
10sole discretion may approve, disapprove, commute, or suspend
11the sentence in whole or in part.
12    (3) Action on the findings of a court-martial by the
13convening authority or other person acting on the sentence is
14not required. However, such person, in the person's sole
15discretion may:
16        (A) dismiss any charge or specification by setting
17    aside a finding of guilty thereto; or
18        (B) change a finding of guilty to a charge or
19    specification to a finding of guilty to an offense that is
20    a lesser included offense of the offense stated in the
21    charge or specification.
22    (d) Before acting under this Article on any general or
23special court-martial case in which there is a finding of
24guilt, the convening authority or other person taking action
25under this Article must obtain the written concurrence of the
26State Judge Advocate by means of legal review. The convening

 

 

SB2861- 60 -LRB099 20640 KTG 45234 b

1authority or other person taking action under this Article
2shall refer the record of trial to the judge advocate, and the
3judge advocate shall use such record in the preparation of the
4review. The review of the judge advocate shall include such
5matters as may be prescribed by regulation and shall be served
6on the accused, who may submit any matter in response under
7subsection (b). Failure to object in the response to the legal
8review or to any matter attached to the recommendation waives
9the right to object thereto.
10    (e)(1) The convening authority or other person taking
11action under this Article, in the person's sole discretion, may
12order a proceeding in revision or a rehearing.
13    (2) A proceeding in revision may be ordered if there is an
14apparent error or omission in the record or if the record shows
15improper or inconsistent action by a court-martial with respect
16to the findings or sentence that can be rectified without
17material prejudice to the substantial rights of the accused. In
18no case, however, may a proceeding in revision:
19        (A) reconsider a finding of not guilty of any
20    specification or a ruling which amounts to a finding of not
21    guilty;
22        (B) reconsider a finding of not guilty of any charge,
23    unless there has been a finding of guilty under a
24    specification laid under that charge, which sufficiently
25    alleges a violation of some Article of this Code; or
26        (C) increase the severity of the sentence.

 

 

SB2861- 61 -LRB099 20640 KTG 45234 b

1    (3) A rehearing may be ordered by the convening authority
2or other person taking action under this Article if that person
3disapproves the findings and sentence and states the reasons
4for disapproval of the findings. If such person disapproves the
5findings and sentence and does not order a rehearing, that
6person shall dismiss the charges. A rehearing as to the
7findings may not be ordered where there is a lack of sufficient
8evidence in the record to support the findings. A rehearing as
9to the sentence may be ordered if the convening authority or
10other person taking action under this subsection disapproves
11the sentence.
 
12    Section 61. Article 61. Withdrawal of appeal.
13    (a) In each case subject to appellate review under this
14Code, the accused may file with the convening authority a
15statement expressly withdrawing the right of the accused to
16such appeal. Such a withdrawal shall be signed by both the
17accused and his defense counsel and must be filed in accordance
18with appellate procedures as provided by law.
19    (b) The accused may withdraw an appeal at any time in
20accordance with appellate procedures as provided by law.
 
21    Section 62. Article 62. Appeal by the State.
22    (a)(1) In a trial by court-martial in which a punitive
23discharge may be adjudged, the State may appeal the following,
24other than a finding of not guilty with respect to the charge

 

 

SB2861- 62 -LRB099 20640 KTG 45234 b

1or specification by the members of the court-martial, or by a
2judge in a bench trial so long as it is not made in
3reconsideration:
4        (A) An order or ruling of the military judge which
5    terminates the proceedings with respect to a charge or
6    specification.
7        (B) An order or ruling which excludes evidence that is
8    substantial proof of a fact material in the proceeding.
9        (C) An order or ruling which directs the disclosure of
10    classified information.
11        (D) An order or ruling which imposes sanctions for
12    nondisclosure of classified information.
13        (E) A refusal of the military judge to issue a
14    protective order sought by the State to prevent the
15    disclosure of classified information.
16        (F) A refusal by the military judge to enforce an order
17    described in subparagraph (E) that has previously been
18    issued by appropriate authority.
19    (2) An appeal of an order or ruling may not be taken unless
20the trial counsel provides the military judge with written
21notice of appeal from the order or ruling within 72 hours of
22the order or ruling. Such notice shall include a certification
23by the trial counsel that the appeal is not taken for the
24purpose of delay and, if the order or ruling appealed is one
25which excludes evidence, that the evidence excluded is
26substantial proof of a fact material in the proceeding.

 

 

SB2861- 63 -LRB099 20640 KTG 45234 b

1    (3) An appeal under this Article shall be diligently
2prosecuted as provided by law.
3    (b) An appeal under this Article shall be forwarded to the
4court prescribed in Article 67a of this Code. In ruling on an
5appeal under this Article, that court may act only with respect
6to matters of law.
7    (c) Any period of delay resulting from an appeal under this
8Article shall be excluded in deciding any issue regarding
9denial of a speedy trial unless an appropriate authority
10determines that the appeal was filed solely for the purpose of
11delay with the knowledge that it was totally frivolous and
12without merit.
 
13    Section 63. Article 63. Rehearings. Each rehearing under
14this Code shall take place before a court-martial composed of
15members not members of the court-martial which first heard the
16case. Upon a rehearing the accused may not be tried for any
17offense of which he was found not guilty by the first
18court-martial, and no sentence in excess of or more severe than
19the original sentence may be approved, unless the sentence is
20based upon a finding of guilty of an offense not considered
21upon the merits in the original proceedings, or unless the
22sentence prescribed for the offense is mandatory. If the
23sentence approved after the first court-martial was in
24accordance with a pretrial agreement and the accused at the
25rehearing changes a plea with respect to the charges or

 

 

SB2861- 64 -LRB099 20640 KTG 45234 b

1specifications upon which the pretrial agreement was based, or
2otherwise does not comply with the pretrial agreement, the
3approved sentence as to those charges or specifications may
4include any punishment not in excess of that lawfully adjudged
5at the first court-martial.
 
6    Section 64. Article 64. Review by the senior force judge
7advocate.
8    (a) Each general and special court-martial case in which
9there has been a finding of guilty shall be reviewed by the
10senior force judge advocate, or a designee. The senior force
11judge advocate, or designee, may not review a case under this
12subsection if that person has acted in the same case as an
13accuser, investigating officer, member of the court, military
14judge, or counsel or has otherwise acted on behalf of the
15prosecution or defense. The senior force judge advocate's
16review shall be in writing and shall contain the following:
17        (1) Conclusions as to whether:
18            (A) the court had jurisdiction over the accused and
19        the offense;
20            (B) the charge and specification stated an
21        offense; and
22            (C) the sentence was within the limits prescribed
23        as a matter of law.
24        (2) A response to each allegation of error made in
25    writing by the accused.

 

 

SB2861- 65 -LRB099 20640 KTG 45234 b

1        (3) If the case is sent for action under subsection
2    (b), a recommendation as to the appropriate action to be
3    taken and an opinion as to whether corrective action is
4    required as a matter of law.
5    (b) The record of trial and related documents in each case
6reviewed under subsection (a) shall be sent for action to the
7Adjutant General if:
8        (1) the judge advocate who reviewed the case recommends
9    corrective action;
10        (2) the sentence approved under subsection (c) of
11    Article 60 of this Code extends to dismissal, a bad-conduct
12    or dishonorable discharge, or confinement for more than 6
13    months; or
14        (3) such action is otherwise required by regulations of
15    the Adjutant General.
16    (c)(1) The Adjutant General may:
17        (A) disapprove or approve the findings or sentence, in
18    whole or in part;
19        (B) remit, commute, or suspend the sentence in whole or
20    in part;
21        (C) except where the evidence was insufficient at the
22    trial to support the findings, order a rehearing on the
23    findings, on the sentence, or on both; or
24        (D) dismiss the charges.
25    (2) If a rehearing is ordered but the convening authority
26finds a rehearing impracticable, the convening authority shall

 

 

SB2861- 66 -LRB099 20640 KTG 45234 b

1dismiss the charges.
2    (3) If the opinion of the senior force judge advocate, or
3designee, in the senior force judge advocate's review under
4subsection (a) is that corrective action is required as a
5matter of law and if the Adjutant General does not take action
6that is at least as favorable to the accused as that
7recommended by the judge advocate, the record of trial and
8action thereon shall be sent to the Governor for review and
9action as deemed appropriate.
10    (d) The senior force judge advocate, or a designee, may
11review any case in which there has been a finding of not guilty
12of all charges and specifications. The senior force judge
13advocate, or designee, may not review a case under this
14subsection if that person has acted in the same case as an
15accuser, investigating officer, member of the court, military
16judge, or counsel or has otherwise acted on behalf of the
17prosecution or defense. The senior force judge advocate's
18review shall be limited to questions of subject matter
19jurisdiction.
20    (e) The record of trial and related documents in each case
21reviewed under subsection (d) shall be sent for action to the
22Adjutant General. The Adjutant General may:
23        (1) when subject matter jurisdiction is found to be
24    lacking, void the court-martial ab initio, with or without
25    prejudice to the Government, as the Adjutant General deems
26    appropriate; or

 

 

SB2861- 67 -LRB099 20640 KTG 45234 b

1        (2) return the record of trial and related documents to
2    the senior force judge advocate for appeal by the
3    Government as provided by law.
 
4    Section 65. Article 65. Disposition of records after review
5by the convening authority. Except as otherwise required by
6this Code, all records of trial and related documents shall be
7transmitted and disposed of as prescribed by regulation and
8provided by law.
 
9    Section 66. Article 66. (Reserved).
 
10    Section 67. Article 67. (Reserved).
 
11    Section 67a. Article 67a. Review by State Appellate
12Authority. Decisions of a court-martial are from a court with
13jurisdiction to issue misdemeanor and felony convictions. All
14appeals from final decisions of a court-martial shall be to the
15Illinois Appellate Court in the same manner as are final
16decisions of a circuit court in accordance with the Appellate
17Court Act. All such appeals shall be to the Illinois Appellate
18Court for the Fourth District. No appeal from a judgment
19entered upon a plea of guilty shall be taken except in
20accordance with applicable law and Supreme Court Rules. Unless
21waived, an accused may appeal as a matter of right a finding of
22guilt resulting in an approved sentence of one-year confinement

 

 

SB2861- 68 -LRB099 20640 KTG 45234 b

1or more, or in a dismissal for a commissioned officer or
2warrant officer, a dishonorable discharge, or a bad-conduct
3discharge. The appellate rights and procedures to be followed
4shall be those provided by applicable law and Supreme Court
5Rules for criminal appeals.
 
6    Section 68. Article 68. (Reserved).
 
7    Section 69. Article 69. (Reserved).
 
8    Section 70. Article 70. Appellate counsel.
9    (a) The senior force judge advocate shall detail a judge
10advocate as appellate government counsel to represent the State
11in the review or appeal of cases specified in Article 67a of
12this Code and before any federal court when requested to do so
13by the Attorney General. Appellate government counsel must be a
14member in good standing of the bar of the highest court of the
15state to which the appeal is taken.
16    (b) Upon an appeal by this State, an accused has the right
17to be represented by detailed military counsel before any
18reviewing authority and before any appellate court.
19    (c) Upon the appeal by an accused, the accused has the
20right to be represented by military counsel before any
21reviewing authority.
22    (d) Upon the request of an accused entitled to be so
23represented, the senior force judge advocate shall appoint a

 

 

SB2861- 69 -LRB099 20640 KTG 45234 b

1judge advocate to represent the accused in the review or appeal
2of cases specified in subsections (b) and (c) of this Article.
3    (e) An accused may be represented by civilian appellate
4counsel at no expense to this State.
 
5    Section 71. Article 71. Execution of sentence; suspension
6of sentence.
7    (a) If the sentence of the court-martial extends to
8dismissal or a dishonorable or bad-conduct discharge and if the
9right of the accused to appellate review is not waived, and an
10appeal is not withdrawn under Article 61 of this Code, that
11part of the sentence extending to dismissal or a dishonorable
12or bad-conduct discharge may not be executed until there is a
13final judgment as to the legality of the proceedings. A
14judgment as to the legality of the proceedings is final in such
15cases when review is completed by the Illinois Appellate Court
16for the Fourth District as prescribed in Article 67a of this
17Code, and is deemed final by the law of this State.
18    (b) If the sentence of the court-martial extends to
19dismissal or a dishonorable or bad conduct discharge and if the
20right of the accused to appellate review is waived, or an
21appeal is withdrawn under Article 61 of this Code, that part of
22the sentence extending to dismissal or a dishonorable or
23bad-conduct discharge may not be executed until review of the
24case by the senior force judge advocate and any action on that
25review under Article 64 of this Code is completed. Any other

 

 

SB2861- 70 -LRB099 20640 KTG 45234 b

1part of a court-martial sentence may be ordered executed by the
2convening authority or other person acting on the case under
3Article 60 of this Code when so approved under that Article.
 
4    Section 72. Article 72. Vacation of suspension.
5    (a) Before the vacation of the suspension of a special
6court-martial sentence, which as approved includes a
7bad-conduct discharge, or of any general court-martial
8sentence, the officer having special court-martial
9jurisdiction over the probationer shall hold a hearing on an
10alleged violation of probation. The probationer shall be
11represented at the hearing by military counsel if the
12probationer so desires.
13    (b) The record of the hearing and the recommendation of the
14officer having special court-martial jurisdiction shall be
15sent for action to the officer exercising general court-martial
16jurisdiction over the probationer. If the officer vacates the
17suspension, any unexecuted part of the sentence, except a
18dismissal, shall be executed, subject to applicable
19restrictions in this Code.
20    (c) The suspension of any other sentence may be vacated by
21any authority competent to convene, for the command in which
22the accused is serving or assigned, a court of the kind that
23imposed the sentence.
 
24    Section 73. Article 73. Petition for a new trial. At any

 

 

SB2861- 71 -LRB099 20640 KTG 45234 b

1time within 2 years after approval by the convening authority
2of a court-martial sentence the accused may petition the
3Adjutant General for a new trial on the grounds of newly
4discovered evidence or fraud on the court-martial.
 
5    Section 74. Article 74. Remission and suspension.
6    (a) Any authority competent to convene, for the command in
7which the accused is serving or assigned, a court of the kind
8that imposed the sentence may remit or suspend any part or
9amount of the unexecuted part of any sentence, including all
10uncollected forfeitures other than a sentence approved by the
11Governor.
12    (b) The Governor may, for good cause, substitute an
13administrative form of discharge for a discharge or dismissal
14executed in accordance with the sentence of a court-martial.
 
15    Section 75. Article 75. Restoration.
16    (a) Under such regulations as may be prescribed, all
17rights, privileges, and property affected by an executed part
18of a court-martial sentence which has been set aside or
19disapproved, except an executed dismissal or discharge, shall
20be restored unless a new trial or rehearing is ordered and such
21executed part is included in a sentence imposed upon the new
22trial or rehearing.
23    (b) If a previously executed sentence of dishonorable or
24bad-conduct discharge is not imposed on a new trial, the

 

 

SB2861- 72 -LRB099 20640 KTG 45234 b

1Governor may substitute therefor a form of discharge authorized
2for administrative issuance unless the accused is to serve out
3the remainder of the accused's enlistment.
4    (c) If a previously executed sentence of dismissal is not
5imposed on a new trial, the Governor may substitute therefor a
6form of discharge authorized for administrative issue, and the
7commissioned officer dismissed by that sentence may be
8reappointed by the Governor alone to such commissioned grade
9and with such rank as in the opinion of the Governor that
10former officer would have attained had he not been dismissed.
11The reappointment of such a former officer shall be without
12regard to the existence of a vacancy and shall affect the
13promotion status of other officers only insofar as the Governor
14may direct. All time between the dismissal and the
15reappointment shall be considered as actual service for all
16purposes, including the right to pay and allowances, as
17permitted by applicable financial management regulations.
 
18    Section 76. Article 76. Finality of proceedings, findings,
19and sentences. The appellate review of records of trial
20provided by this Code, the proceedings, findings, and sentences
21of courts-martial as approved, reviewed, or affirmed as
22required by this Code, and all dismissals and discharges
23carried into execution under sentences by courts-martial
24following approval, review, or affirmation as required by this
25Code, are final and conclusive. Orders publishing the

 

 

SB2861- 73 -LRB099 20640 KTG 45234 b

1proceedings of courts-martial and all action taken pursuant to
2those proceedings are binding upon all departments, courts,
3agencies, and officers of the United States and the several
4states, subject only to action upon a petition for a new trial
5as provided in Article 73 of this Code and to action under
6Article 74 of this Code.
 
7    Section 76a. Article 76a. Leave required to be taken
8pending review of certain court-martial convictions. Under
9regulations prescribed, an accused who has been sentenced by a
10court-martial may be required to take leave pending completion
11of action under this Article if the sentence, as approved under
12Article 60 of this Code, includes an unsuspended dismissal or
13an unsuspended dishonorable or bad-conduct discharge. The
14accused may be required to begin such leave on the date on
15which the sentence is approved under Article 60 of this Code or
16at any time after such date, and such leave may be continued
17until the date on which action under this Article is completed
18or may be terminated at any earlier time.
 
19    Section 76b. Article 76b. Lack of mental capacity or mental
20responsibility: commitment of accused for examination and
21treatment.
22    (a) Persons incompetent to stand trial.
23        (1) In the case of a person determined under this Code
24    to be presently suffering from a mental disease or defect

 

 

SB2861- 74 -LRB099 20640 KTG 45234 b

1    rendering the person mentally incompetent to the extent
2    that the person is unable to understand the nature of the
3    proceedings against that person or to conduct or cooperate
4    intelligently in the defense of the case, the general
5    court-martial convening authority for that person shall
6    commit the person to the custody of the Attorney General.
7        (2) The Attorney General shall take action in
8    accordance with the State statute applicable to persons
9    incompetent to stand trial. If at the end of the period for
10    hospitalization provided for in the State statute
11    applicable to persons incompetent to stand trial, it is
12    determined that the committed person's mental condition
13    has not so improved as to permit the trial to proceed,
14    action shall be taken in accordance with the State statute
15    applicable to persons incompetent to stand trial.
16        (3)(A) When the director of a facility in which a
17    person is hospitalized pursuant to paragraph (2)
18    determines that the person has recovered to such an extent
19    that the person is able to understand the nature of the
20    proceedings against the person and to conduct or cooperate
21    intelligently in the defense of the case, the director
22    shall promptly transmit a notification of that
23    determination to the Attorney General and to the general
24    court-martial convening authority for the person. The
25    director shall send a copy of the notification to the
26    person's counsel.

 

 

SB2861- 75 -LRB099 20640 KTG 45234 b

1        (B) Upon receipt of a notification, the general
2    court-martial convening authority shall promptly take
3    custody of the person unless the person covered by the
4    notification is no longer subject to this Code. If the
5    person is no longer subject to this Code, the Attorney
6    General shall take any action within the authority of the
7    Attorney General that he or she considers appropriate
8    regarding the person.
9        (C) The director of the facility may retain custody of
10    the person for not more than 30 days after transmitting the
11    notifications required by subparagraph (A) of paragraph
12    (3).
13        (4) In the application of the State statute applicable
14    to persons incompetent to stand trial to a case under this
15    subsection, references to the court that ordered the
16    commitment of a person, and to the clerk of such court,
17    shall be deemed to refer to the general court-martial
18    convening authority for that person. However, if the person
19    is no longer subject to this Code at a time relevant to the
20    application of such Article to the person, the circuit
21    court in the county where the person is hospitalized or
22    otherwise may be found shall be considered as the court
23    that ordered the commitment of the person.
24    (b) Persons found not guilty by reason of lack of mental
25responsibility.
26        (1) If a person is found by a court-martial not guilty

 

 

SB2861- 76 -LRB099 20640 KTG 45234 b

1    only by reason of lack of mental responsibility, the person
2    shall be committed to a suitable facility until the person
3    is eligible for release in accordance with this Article.
4        (2) The court-martial shall conduct a hearing on the
5    mental condition in accordance with the State statute
6    applicable to persons incompetent to stand trial.
7        (3) A report of the results of the hearing shall be
8    made to the general court-martial convening authority for
9    the person.
10        (4) If the court-martial fails to find by the standard
11    specified in the State statute applicable to persons
12    incompetent to stand trial that the person's release would
13    not create a substantial risk of bodily injury to another
14    person or serious damage of property of another due to a
15    present mental disease or defect:
16            (A) the general court-martial convening authority
17        may commit the person to the custody of the Attorney
18        General; and
19            (B) the Attorney General shall take action in
20        accordance with the State statute applicable to
21        persons incompetent to stand trial.
22        (5) The State statute applicable to persons
23    incompetent to stand trial shall apply in the case of a
24    person hospitalized pursuant to subparagraph (B) of
25    paragraph (4), except that the circuit court in the county
26    where the person is hospitalized shall be considered as the

 

 

SB2861- 77 -LRB099 20640 KTG 45234 b

1    court that ordered the person's commitment.
2    (c) General provisions.
3        (1) Except as otherwise provided in this subsection and
4    paragraph (1) of subsection (d), the State statute most
5    closely comparable to 18 U.S.C. 4247(d) applies in the
6    administration of this Article.
7        (2) In the application of the State statute most
8    closely comparable to 18 U.S.C. 4247(d), to hearings
9    conducted by a court-martial under this Article or by (or
10    by order of) a general court-martial convening authority
11    under this Article, the reference in that Article to 18
12    U.S.C. 3006A does not apply.
13    (d) Applicability.
14        (1) The State statute most closely comparable to
15    Chapter 313 of Title 18, United States Code (10 U.S.C. 4241
16    et seq.) referred to in this Article applies according to
17    the provisions of this Article notwithstanding 18 U.S.C.
18    4247(j).
19        (2) If the status of a person as described in Article 2
20    terminates while the person is, pursuant to this Article,
21    in the custody of the Attorney General, hospitalized, or on
22    conditional release under a prescribed regimen of medical,
23    psychiatric, or psychological care or treatment, the
24    provisions of this Article establishing requirements and
25    procedures regarding a person no longer subject to this
26    Code shall continue to apply to that person notwithstanding

 

 

SB2861- 78 -LRB099 20640 KTG 45234 b

1    the change of status.
 
2
PART X. PUNITIVE ARTICLES

 
3    Section 77. Article 77. Principals. Any person subject to
4this Code who:
5        (1) commits an offense punishable by this Code, or
6    aids, abets, counsels, commands, or procures its
7    commission; or
8        (2) causes an act to be done which if directly
9    performed by him would be punishable by this Code;
10is a principal.
 
11    Section 78. Article 78. Accessory after the fact. Any
12person subject to this Code who, knowing that an offense
13punishable by this Code has been committed, receives, comforts,
14or assists the offender in order to hinder or prevent his
15apprehension, trial, or punishment shall be punished as a
16court-martial may direct.
 
17    Section 79. Article 79. Conviction of lesser included
18offense. An accused may be found guilty of an offense
19necessarily included in the offense charged or of an attempt to
20commit either the offense charged or an offense necessarily
21included therein.
 

 

 

SB2861- 79 -LRB099 20640 KTG 45234 b

1    Section 80. Article 80. Attempts.
2    (a) An act, done with specific intent to commit an offense
3under this Code, amounting to more than mere preparation and
4tending, even though failing, to effect its commission, is an
5attempt to commit that offense.
6    (b) Any person subject to this Code who attempts to commit
7any offense punishable by this Code shall be punished as a
8court-martial may direct, unless otherwise specifically
9prescribed.
10    (c) Any person subject to this Code may be convicted of an
11attempt to commit an offense although it appears on the trial
12that the offense was consummated.
 
13    Section 81. Article 81. Conspiracy. Any person subject to
14this Code who conspires with any other person to commit an
15offense under this Code shall, if one or more of the
16conspirators does an act to effect the object of the
17conspiracy, be punished as a court-martial may direct.
 
18    Section 82. Article 82. Solicitation.
19    (a) Any person subject to this Code who solicits or advises
20another or others to desert in violation of Article 85 of this
21Code or mutiny in violation of Article 94 of this Code shall,
22if the offense solicited or advised is attempted or committed,
23be punished with the punishment provided for the commission of
24the offense, but, if the offense solicited or advised is not

 

 

SB2861- 80 -LRB099 20640 KTG 45234 b

1committed or attempted, the person shall be punished as a
2court-martial may direct.
3    (b) Any person subject to this Code who solicits or advises
4another or others to commit an act of misbehavior before the
5enemy in violation of Article 99 of this Code or sedition in
6violation of Article 94 of this Code shall, if the offense
7solicited or advised is committed, be punished with the
8punishment provided for the commission of the offense, but, if
9the offense solicited or advised is not committed, the person
10shall be punished as a court-martial may direct.
 
11    Section 83. Article 83. Fraudulent enlistment,
12appointment, or separation. Any person who:
13        (1) procures his own enlistment or appointment in the
14    State military forces by knowingly false representation or
15    deliberate concealment as to his qualifications for that
16    enlistment or appointment and receives pay or allowances
17    thereunder; or
18        (2) procures his own separation from the State military
19    forces by knowingly false representation or deliberate
20    concealment as to his eligibility for that separation;
21shall be punished as a court-martial may direct.
 
22    Section 84. Article 84. Unlawful enlistment, appointment,
23or separation. Any person subject to this Code who effects an
24enlistment or appointment in or a separation from the State

 

 

SB2861- 81 -LRB099 20640 KTG 45234 b

1military forces of any person who is known to him to be
2ineligible for that enlistment, appointment, or separation
3because it is prohibited by law, regulation, or order shall be
4punished as a court-martial may direct.
 
5    Section 85. Article 85. Desertion.
6    (a) Any member of the State military forces who:
7        (1) without authority goes or remains absent from his
8    unit, organization, or place of duty with intent to remain
9    away therefrom permanently;
10        (2) quits his unit, organization, or place of duty with
11    intent to avoid hazardous duty or to shirk important
12    service; or
13        (3) without being regularly separated from one of the
14    State military forces enlists or accepts an appointment in
15    the same or another one of the State military forces, or in
16    one of the armed forces of the United States, without fully
17    disclosing the fact that he has not been regularly
18    separated, or enters any foreign armed service except when
19    authorized by the United States;
20is guilty of desertion.
21    (b) Any commissioned officer of the State military forces
22who, after tender of his resignation and before notice of its
23acceptance, quits his post or proper duties without leave and
24with intent to remain away therefrom permanently is guilty of
25desertion.

 

 

SB2861- 82 -LRB099 20640 KTG 45234 b

1    (c) Any person found guilty of desertion or attempt to
2desert shall be punished, if the offense is committed in time
3of war, by confinement of not more than 10 years or such other
4punishment as a court-martial may direct, but if the desertion
5or attempt to desert occurs at any other time, by such
6punishment as a court-martial may direct.
 
7    Section 86. Article 86. Absence without leave. Any person
8subject to this Code who, without authority:
9        (1) fails to go to his appointed place of duty at the
10    time prescribed;
11        (2) goes from that place; or
12        (3) absents himself or remains absent from his unit,
13    organization, or place of duty at which he is required to
14    be at the time prescribed;
15shall be punished as a court-martial may direct.
 
16    Section 87. Article 87. Missing movement. Any person
17subject to this Code who through neglect or design misses the
18movement of a ship, aircraft, or unit with which he is required
19in the course of duty to move shall be punished as a
20court-martial may direct.
 
21    Section 88. Article 88. Contempt toward officials. Any
22commissioned officer who uses contemptuous words against the
23President, the Vice President, Congress, the Secretary of

 

 

SB2861- 83 -LRB099 20640 KTG 45234 b

1Defense, the Secretary of a military department, the Secretary
2of Homeland Security, or the Governor or General Assembly shall
3be punished as a court-martial may direct.
 
4    Section 89. Article 89. Disrespect toward superior
5commissioned officer. Any person subject to this Code who
6behaves with disrespect toward his superior commissioned
7officer shall be punished as a court-martial may direct.
 
8    Section 90. Article 90. Assaulting or willfully disobeying
9superior commissioned officer. Any person subject to this Code
10who:
11        (1) strikes his superior commissioned officer or draws
12    or lifts up any weapon or offers any violence against him
13    while he is in the execution of his office; or
14        (2) willfully disobeys a lawful command of his superior
15    commissioned officer;
16shall be punished, if the offense is committed in time of war,
17by confinement of not more than 10 years or such other
18punishment as a court-martial may direct, and if the offense is
19committed at any other time, by such punishment as a
20court-martial may direct.
 
21    Section 91. Article 91. Insubordinate conduct toward
22warrant officer, noncommissioned officer, or petty officer.
23Any warrant officer or enlisted member who:

 

 

SB2861- 84 -LRB099 20640 KTG 45234 b

1        (1) strikes or assaults a warrant officer,
2    noncommissioned officer, or petty officer, while that
3    officer is in the execution of his office;
4        (2) willfully disobeys the lawful order of a warrant
5    officer, noncommissioned officer, or petty officer; or
6        (3) treats with contempt or is disrespectful in
7    language or deportment toward a warrant officer,
8    noncommissioned officer, or petty officer, while that
9    officer is in the execution of his office;
10shall be punished as a court-martial may direct.
 
11    Section 92. Article 92. Failure to obey order or
12regulation. Any person subject to this Code who:
13        (1) violates or fails to obey any lawful general order
14    or regulation;
15        (2) having knowledge of any other lawful order issued
16    by a member of the State military forces, which it is his
17    duty to obey, fails to obey the order; or
18        (3) is derelict in the performance of his duties;
19shall be punished as a court-martial may direct.
 
20    Section 93. Article 93. Cruelty and maltreatment. Any
21person subject to this Code who is guilty of cruelty toward, or
22oppression or maltreatment of, any person subject to his orders
23shall be punished as a court-martial may direct.
 

 

 

SB2861- 85 -LRB099 20640 KTG 45234 b

1    Section 94. Article 94. Mutiny or sedition.
2    (a) Any person subject to this Code who:
3        (1) with intent to usurp or override lawful military
4    authority, refuses, in concert with any other person, to
5    obey orders or otherwise do his duty or creates any
6    violence or disturbance is guilty of mutiny;
7        (2) with intent to cause the overthrow or destruction
8    of lawful civil authority, creates, in concert with any
9    other person, revolt, violence, or other disturbance
10    against that authority is guilty of sedition; or
11        (3) fails to do his utmost to prevent and suppress a
12    mutiny or sedition being committed in his presence, or
13    fails to take all reasonable means to inform his superior
14    commissioned officer or commanding officer of a mutiny or
15    sedition which he knows or has reason to believe is taking
16    place, is guilty of a failure to suppress or report a
17    mutiny or sedition.
18    (b) A person who is found guilty of attempted mutiny,
19mutiny, sedition, or failure to suppress or report a mutiny or
20sedition shall be punished as a court-martial may direct.
 
21    Section 95. Article 95. Resistance, flight, breach of
22arrest, and escape. Any person subject to this Code who:
23        (1) resists apprehension;
24        (2) flees from apprehension;
25        (3) breaks arrest; or

 

 

SB2861- 86 -LRB099 20640 KTG 45234 b

1        (4) escapes from custody or confinement;
2shall be punished as a court-martial may direct.
 
3    Section 96. Article 96. Releasing prisoner without proper
4authority. Any person subject to this Code who, without proper
5authority, releases any prisoner committed to his charge, or
6who through neglect or design suffers any such prisoner to
7escape, shall be punished as a court-martial may direct,
8whether or not the prisoner was committed in strict compliance
9with law.
 
10    Section 97. Article 97. Unlawful detention. Any person
11subject to this Code who, except as provided by law or
12regulation, apprehends, arrests, or confines any person shall
13be punished as a court-martial may direct.
 
14    Section 98. Article 98. Noncompliance with procedural
15rules. Any person subject to this Code who:
16        (1) is responsible for unnecessary delay in the
17    disposition of any case of a person accused of an offense
18    under this Code; or
19        (2) knowingly and intentionally fails to enforce or
20    comply with any provision of this Code regulating the
21    proceedings before, during, or after trial of an accused;
22shall be punished as a court-martial may direct.
 

 

 

SB2861- 87 -LRB099 20640 KTG 45234 b

1    Section 99. Article 99. Misbehavior before the enemy. Any
2person subject to this Code who before or in the presence of
3the enemy:
4        (1) runs away;
5        (2) shamefully abandons, surrenders, or delivers up
6    any command, unit, place, or military property which it is
7    his duty to defend;
8        (3) through disobedience, neglect, or intentional
9    misconduct endangers the safety of any such command, unit,
10    place, or military property;
11        (4) casts away his arms or ammunition;
12        (5) is guilty of cowardly conduct;
13        (6) quits his place of duty to plunder or pillage;
14        (7) causes false alarms in any command, unit, or place
15    under control of the armed forces of the United States or
16    the State military forces;
17        (8) willfully fails to do his utmost to encounter,
18    engage, capture, or destroy any enemy troops, combatants,
19    vessels, aircraft, or any other thing, which it is his duty
20    so to encounter, engage, capture, or destroy; or
21        (9) does not afford all practicable relief and
22    assistance to any troops, combatants, vessels, or aircraft
23    of the armed forces belonging to the United States or their
24    allies, to the State, or to any other state, when engaged
25    in battle;
26shall be punished as a court-martial may direct.
 

 

 

SB2861- 88 -LRB099 20640 KTG 45234 b

1    Section 100. Article 100. Subordinate compelling
2surrender. Any person subject to this Code who compels or
3attempts to compel the commander of any of the State military
4forces of this State, or of any other state, place, vessel,
5aircraft, or other military property, or of any body of members
6of the armed forces, to give it up to an enemy or to abandon it,
7or who strikes the colors or flag to an enemy without proper
8authority, shall be punished as a court-martial may direct.
 
9    Section 101. Article 101. Improper use of countersign. Any
10person subject to this Code who in time of war discloses the
11parole or countersign to any person not entitled to receive it
12or who gives to another, who is entitled to receive and use the
13parole or countersign, a different parole or countersign from
14that which, to his knowledge, he was authorized and required to
15give, shall be punished as a court-martial may direct.
 
16    Section 102. Article 102. Forcing a safeguard. Any person
17subject to this Code who forces a safeguard shall be punished
18as a court-martial may direct.
 
19    Section 103. Article 103. Captured or abandoned property.
20    (a) All persons subject to this Code shall secure all
21public property taken for the service of the United States or
22this State, and shall give notice and turn over to the proper

 

 

SB2861- 89 -LRB099 20640 KTG 45234 b

1authority without delay all captured or abandoned property in
2their possession, custody, or control.
3    (b) Any person subject to this Code who:
4        (1) fails to carry out the duties prescribed in
5    subsection (a);
6        (2) buys, sells, trades, or in any way deals in or
7    disposes of taken, captured, or abandoned property,
8    whereby he receives or expects any profit, benefit, or
9    advantage to himself or another directly or indirectly
10    connected with himself; or
11        (3) engages in looting or pillaging;
12shall be punished as a court-martial may direct.
 
13    Section 104. Article 104. Aiding the enemy. Any person
14subject to this Code who:
15        (1) aids, or attempts to aid, the enemy with arms,
16    ammunition, supplies, money, or other things; or
17        (2) without proper authority, knowingly harbors or
18    protects or gives intelligence to, or communicates or
19    corresponds with or holds any intercourse with the enemy,
20    either directly or indirectly;
21shall be punished as a court-martial may direct.
 
22    Section 105. Article 105. Misconduct as prisoner. Any
23person subject to this Code who, while in the hands of the
24enemy in time of war:

 

 

SB2861- 90 -LRB099 20640 KTG 45234 b

1        (1) for the purpose of securing favorable treatment by
2    his captors acts without proper authority in a manner
3    contrary to law, custom, or regulation, to the detriment of
4    others of whatever nationality held by the enemy as
5    civilian or military prisoners; or
6        (2) while in a position of authority over such persons
7    maltreats them without justifiable cause;
8shall be punished as a court-martial may direct.
 
9    Section 106. Article 106. (Reserved).
 
10    Section 106a. Article 106a. (Reserved).
 
11    Section 107. Article 107. False official statements. Any
12person subject to this Code who, with intent to deceive, signs
13any false record, return, regulation, order, or other official
14document made in the line of duty, knowing it to be false, or
15makes any other false official statement made in the line of
16duty, knowing it to be false, shall be punished as a
17court-martial may direct.
 
18    Section 108. Article 108. Military property: loss, damage,
19destruction, or wrongful disposition. Any person subject to
20this Code who, without proper authority:
21        (1) sells or otherwise disposes of;
22        (2) willfully or through neglect damages, destroys, or

 

 

SB2861- 91 -LRB099 20640 KTG 45234 b

1    loses; or
2        (3) willfully or through neglect suffers to be lost,
3    damaged, destroyed, sold, or wrongfully disposed of;
4any military property of the United States or of any state,
5shall be punished as a court-martial may direct.
 
6    Section 109. Article 109. Property other than military
7property: waste, spoilage, or destruction. Any person subject
8to this Code who willfully or recklessly wastes, spoils, or
9otherwise willfully and wrongfully destroys or damages any
10property other than military property of the United States or
11of any state shall be punished as a court-martial may direct.
 
12    Section 110. Article 110. Improper hazarding of vessel.
13    (a) Any person subject to this Code who willfully and
14wrongfully hazards or suffers to be hazarded any vessel of the
15armed forces of the United States or any state military forces
16shall suffer such punishment as a court-martial may direct.
17    (b) Any person subject to this Code who negligently hazards
18or suffers to be hazarded any vessel of the armed forces of the
19United States or any state military forces shall be punished as
20a court-martial may direct.
 
21    Section 111. Article 111. (Reserved).
 
22    Section 112. Article 112. Drunk on duty. Any person subject

 

 

SB2861- 92 -LRB099 20640 KTG 45234 b

1to this Code other than a sentinel or look-out, who is found
2drunk on duty, shall be punished as a court-martial may direct.
 
3    Section 112a. Article 112a. Wrongful use, possession,
4etc., of controlled substances.
5    (a) Any person subject to this Code who wrongfully uses,
6possesses, manufactures, distributes, imports into the customs
7territory of the United States, exports from the United States,
8or introduces into an installation, vessel, vehicle, or
9aircraft used by or under the control of the armed forces of
10the United States or of any state military forces a substance
11described in subsection (b) shall be punished as a
12court-martial may direct.
13    (b) The substances referred to in subsection (a) are the
14following:
15        (1) Opium, heroin, cocaine, amphetamine, lysergic acid
16    diethylamide, methamphetamine, phencyclidine, barbituric
17    acid, and marijuana and any compound or derivative of any
18    such substance.
19        (2) Any substance not specified in paragraph (1) that
20    is listed on a schedule of controlled substances prescribed
21    by the President for the purposes of the Uniform Code of
22    Military Justice of the armed forces of the United States
23    (10 U.S.C. 801 et seq.).
24        (3) Any other substance not specified in paragraph (1)
25    or contained on a list prescribed by the President under

 

 

SB2861- 93 -LRB099 20640 KTG 45234 b

1    paragraph (2) that is listed in schedules I through V of
2    Article 202 of the Controlled Substances Act (21 U.S.C.
3    812).
 
4    Section 113. Article 113. Misbehavior of sentinel. Any
5sentinel or look-out who is found drunk or sleeping upon his
6post or leaves it before being regularly relieved shall be
7punished, if the offense is committed in time of war, by
8confinement of not more than 10 years or other punishment as a
9court-martial may direct, but if the offense is committed at
10any other time, by such punishment as a court-martial may
11direct.
 
12    Section 114. Article 114. Dueling. Any person subject to
13this Code who fights or promotes, or is concerned in or
14connives at fighting a duel, or who, having knowledge of a
15challenge sent or about to be sent, fails to report the fact
16promptly to the proper authority, shall be punished as a
17court-martial may direct.
 
18    Section 115. Article 115. Malingering. Any person subject
19to this Code who for the purpose of avoiding work, duty, or
20service:
21        (1) feigns illness, physical disablement, mental
22    lapse, or derangement; or
23        (2) intentionally inflicts self-injury;

 

 

SB2861- 94 -LRB099 20640 KTG 45234 b

1shall be punished as a court-martial may direct.
 
2    Section 116. Article 116. Riot or breach of peace. Any
3person subject to this Code who causes or participates in any
4riot or breach of the peace shall be punished as a
5court-martial may direct.
 
6    Section 117. Article 117. Provoking speeches or gestures.
7Any person subject to this Code who uses provoking or
8reproachful words or gestures towards any other person subject
9to this Code shall be punished as a court-martial may direct.
 
10    Section 118. Article 118. (Reserved).
 
11    Section 119. Article 119. (Reserved).
 
12    Section 120. Article 120. (Reserved).
 
13    Section 121. Article 121. (Reserved).
 
14    Section 122. Article 122. (Reserved).
 
15    Section 123. Article 123. (Reserved).
 
16    Section 123a. Article 123a. (Reserved).
 

 

 

SB2861- 95 -LRB099 20640 KTG 45234 b

1    Section 124. Article 124. (Reserved).
 
2    Section 125. Article 125. (Reserved).
 
3    Section 126. Article 126. (Reserved).
 
4    Section 127. Article 127. (Reserved).
 
5    Section 128. Article 128. (Reserved).
 
6    Section 129. Article 129. (Reserved).
 
7    Section 130. Article 130. (Reserved).
 
8    Section 131. Article 131. (Reserved).
 
9    Section 132. Article 132. Frauds against the government.
10Any person subject to this Code:
11        (1) who, knowing it to be false or fraudulent:
12            (A) makes any claim against the United States, this
13        State, or any officer thereof; or
14            (B) presents to any person in the civil or military
15        service thereof, for approval or payment, any claim
16        against the United States, this State, or any officer
17        thereof;
18        (2) who, for the purpose of obtaining the approval,

 

 

SB2861- 96 -LRB099 20640 KTG 45234 b

1    allowance, or payment of any claim against the United
2    States, this State, or any officer thereof:
3            (A) makes or uses any writing or other paper
4        knowing it to contain any false or fraudulent
5        statements;
6            (B) makes any oath, affirmation, or certification
7        to any fact or to any writing or other paper knowing
8        the oath, affirmation, or certification to be false; or
9            (C) forges or counterfeits any signature upon any
10        writing or other paper, or uses any such signature
11        knowing it to be forged or counterfeited;
12        (3) who, having charge, possession, custody, or
13    control of any money, or other property of the United
14    States or this State, furnished or intended for the armed
15    forces of the United States or the State military forces,
16    knowingly delivers to any person having authority to
17    receive it, any amount thereof less than that for which he
18    receives a certificate or receipt; or
19        (4) who, being authorized to make or deliver any paper
20    certifying the receipt of any property of the United States
21    or this State, furnished or intended for the armed forces
22    of the United States or the State military forces, makes or
23    delivers to any person such writing without having full
24    knowledge of the truth of the statements therein contained
25    and with intent to defraud the United States or this State;
26shall, upon conviction, be punished as a court-martial may

 

 

SB2861- 97 -LRB099 20640 KTG 45234 b

1direct.
 
2    Section 133. Article 133. Conduct unbecoming an officer and
3a gentleman. Any commissioned officer, cadet, candidate, or
4midshipman who is convicted of conduct unbecoming an officer
5and a gentleman shall be punished as a court-martial may
6direct.
 
7    Section 134. Article 134. General Article. Though not
8specifically mentioned in this Code, all disorders and neglects
9to the prejudice of good order and discipline in the State
10military forces and all conduct of a nature to bring discredit
11upon the State military forces shall be taken cognizance of by
12a court-martial and punished at the discretion of a military
13court. However, where a crime constitutes an offense that
14violates both this Code and the criminal laws of the state
15where the offense occurs or criminal laws of the United States,
16jurisdiction of the military court must be determined in
17accordance with subsection (b) of Article 2 of this Code.
 
18
PART XI. MISCELLANEOUS

 
19    Section 135. Article 135. Courts of inquiry.
20    (a) Courts of inquiry to investigate any matter of concern
21to the State military forces may be convened by any person
22authorized to convene a general court-martial, whether or not

 

 

SB2861- 98 -LRB099 20640 KTG 45234 b

1the persons involved have requested such an inquiry.
2    (b) A court of inquiry consists of 3 or more commissioned
3officers. For each court of inquiry, the convening authority
4shall also appoint counsel for the court.
5    (c) Any person subject to this Code whose conduct is
6subject to inquiry shall be designated as a party. Any person
7subject to this Code who has a direct interest in the subject
8of inquiry has the right to be designated as a party upon
9request to the court. Any person designated as a party shall be
10given due notice and has the right to be present, to be
11represented by counsel, to cross-examine witnesses, and to
12introduce evidence.
13    (d) Members of a court of inquiry may be challenged by a
14party, but only for cause stated to the court.
15    (e) The members, counsel, the reporter, and interpreters of
16courts of inquiry shall take an oath to faithfully perform
17their duties.
18    (f) Witnesses may be summoned to appear and testify and be
19examined before courts of inquiry, as provided for
20courts-martial.
21    (g) Courts of inquiry shall make findings of fact but may
22not express opinions or make recommendations unless required to
23do so by the convening authority.
24    (h) Each court of inquiry shall keep a record of its
25proceedings, which shall be authenticated by the signatures of
26the president and counsel for the court and forwarded to the

 

 

SB2861- 99 -LRB099 20640 KTG 45234 b

1convening authority. If the record cannot be authenticated by
2the president, it shall be signed by a member in lieu of the
3president. If the record cannot be authenticated by the counsel
4for the court, it shall be signed by a member in lieu of the
5counsel.
 
6    Section 136. Article 136. Authority to administer oaths and
7to act as notary.
8    (a) The following persons may administer oaths for the
9purposes of military administration, including military
10justice:
11        (1) All judge advocates.
12        (2) All summary courts-martial.
13        (3) All adjutants, assistant adjutants, acting
14    adjutants, and personnel adjutants.
15        (4) All commanding officers of the naval militia.
16        (5) All other persons designated by regulations of the
17    armed forces of the United States or by State statute.
18    (b) The following persons may administer oaths necessary in
19the performance of their duties:
20        (1) The president, military judge, and trial counsel
21    for all general and special courts-martial.
22        (2) The president and the counsel for the court of any
23    court of inquiry.
24        (3) All officers designated to take a deposition.
25        (4) All persons detailed to conduct an investigation.

 

 

SB2861- 100 -LRB099 20640 KTG 45234 b

1        (5) All recruiting officers.
2        (6) All other persons designated by regulations of the
3    armed forces of the United States or by State statute.
4    (c) The signature without seal of any such person, together
5with the title of his office, is prima facie evidence of the
6person's authority.
 
7    Section 137. Article 137. Articles to be explained.
8    (a)(1) The Articles of this Code specified in paragraph (3)
9shall be carefully explained to each enlisted member at the
10time of, or within 30 days after, the member's initial entrance
11into a duty status with the State military forces.
12    (2) Such Articles shall be explained again:
13        (A) after the member has completed basic or recruit
14    training; and
15        (B) at the time when the member reenlists.
16    (3) This subsection applies with respect to Articles 2, 3,
177 through 15, 25, 27, 31, 37, 38, 55, 77 through 134, and 137
18through 139 of this Code.
19    (b) The text of this Code and of the regulations or orders
20prescribed under this Code shall be made available to a member
21of the State military forces, upon request by the member, for
22the member's personal examination, but this Code is effective
23and binding upon the State military forces upon the effective
24date noted in Article 999, and said regulations or orders are
25effective upon proper publishing of same, pursuant to other law

 

 

SB2861- 101 -LRB099 20640 KTG 45234 b

1or regulation.
 
2    Section 138. Article 138. Complaints of wrongs. Any member
3of the State military forces who believes himself wronged by a
4commanding officer, and who, upon due application to that
5commanding officer, is refused redress, may complain to any
6superior commissioned officer, who shall forward the complaint
7to the officer exercising general court-martial jurisdiction
8over the officer against whom it is made. The officer
9exercising general court-martial jurisdiction shall examine
10into the complaint and take proper measures for redressing the
11wrong complained of; and shall, as soon as possible, send to
12the Adjutant General a true statement of that complaint, with
13the proceedings had thereon.
 
14    Section 139. Article 139. Redress of injuries to property.
15    (a) Whenever complaint is made to any commanding officer
16that willful damage has been done to the property of any person
17or that the person's property has been wrongfully taken by
18members of the State military forces, that person may, under
19such regulations prescribed, convene a board to investigate the
20complaint. The board shall consist of from one to 3
21commissioned officers and, for the purpose of that
22investigation, it has power to summon witnesses and examine
23them upon oath, to receive depositions or other documentary
24evidence, and to assess the damages sustained against the

 

 

SB2861- 102 -LRB099 20640 KTG 45234 b

1responsible parties. The assessment of damages made by the
2board is subject to the approval of the commanding officer, and
3in the amount approved by that officer shall be charged against
4the pay of the offenders. The order of the commanding officer
5directing charges herein authorized is conclusive on any
6disbursing officer for payment to the injured parties of the
7damages so assessed and approved.
8    (b) If the offenders cannot be ascertained, but the
9organization or detachment to which they belong is known,
10charges totaling the amount of damages assessed and approved
11may be made in such proportion as may be considered just upon
12the individual members thereof who are shown to have been
13present at the scene at the time the damages complained of were
14inflicted, as determined by the approved findings of the board.
 
15    Section 140. Article 140. Delegation by the Governor. The
16Governor may delegate any authority vested in the Governor
17under this Code, and provide for the subdelegation of any such
18authority, except the power given the Governor by Article 22 of
19this Code.
 
20    Section 141. Article 141. Payment of fees, costs, and
21expenses.
22    (a) The fees and authorized travel expenses of all
23witnesses, experts, victims, court reporters, and
24interpreters, fees for the service of process, the costs of

 

 

SB2861- 103 -LRB099 20640 KTG 45234 b

1collection, apprehension, detention and confinement, and all
2other necessary expenses of prosecution and the administration
3of military justice, not otherwise payable by any other source,
4shall be paid out of the State Military Justice Fund.
5    (b) For the foregoing purposes, the State Military Justice
6Fund is created as a special fund in the State treasury. The
7Fund shall be administered by the Adjutant General, from which
8expenses of military justice shall be paid in the amounts and
9manner as prescribed by law. The General Assembly may
10appropriate and have deposited into the Fund such moneys as it
11deems necessary to carry out the purposes of this Code.
 
12    Section 142. Article 142. Payment of fines and disposition
13thereof.
14    (a) Fines imposed by a military court or through imposition
15of non-judicial punishment may be paid to this State and
16delivered to the court or imposing officer, or to a person
17executing their process. Fines may be collected in the
18following manner:
19        (1) by cash or money order;
20        (2) by retention of any pay or allowances due or to
21    become due the person fined from any state or the United
22    States; or
23        (3) by garnishment or levy, together with costs, on the
24    wages, goods, and chattels of a person delinquent in paying
25    a fine, as provided by law.

 

 

SB2861- 104 -LRB099 20640 KTG 45234 b

1    (b) Any sum so received or retained shall be deposited into
2the State Military Justice Fund or to whomever the court so
3directs.
 
4    Section 143. Article 143. Uniformity of interpretation.
5This Code shall be so construed as to effectuate its general
6purpose to make it in conformity, so far as practical, with the
7Uniform Code of Military Justice, Chapter 47 of Title 10,
8United States Code.
 
9    Section 144. Article 144. Immunity for action of military
10courts. All persons acting under the provisions of this Code,
11whether as a member of the military or as a civilian, shall be
12immune from any personal liability for any of the acts or
13omissions which they did or failed to do as part of their
14duties under this Code.
 
15    Section 145. Article 145. Severability. The provisions of
16this Code are hereby declared to be severable and if any
17provision of this Code or the application of such provision to
18any person or circumstance is declared invalid for any reason,
19such declaration shall not affect the validity of the remaining
20portions of this Code.
 
21    Section 146. Article 146. (Reserved).
 

 

 

SB2861- 105 -LRB099 20640 KTG 45234 b

1    Section 147. Article 147. Time of taking effect. (See
2Section 999 for effective date.)
 
3    Section 148. Article 148. Supersedes existing State
4military justice codes. On the effective date of this Code,
5this law supersedes all existing statutes, ordinances,
6directives, rules, regulations, orders and other laws in this
7State covered by the subject matter of this Code.
 
8    Section 149. Article 149. Civilian crimes assimilated. Any
9person subject to this Code who commits an offense not
10enumerated in this Code, but which is an offense under the laws
11of the United States, the laws of this State, or the laws of
12another state, U.S. Commonwealth, Territory, Possession, or
13District, while said person is subject to the jurisdiction of
14this Code under Article 2, is guilty of any act or omission
15which, although not made punishable by any enactment of this
16State, is punishable if committed or omitted within the
17jurisdiction of the laws of the United States, the laws of this
18State, or the laws of another state, Territory, Possession, or
19District, and said offense may be charged as an offense under
20Article 134 of this Code pursuant to the substantive law of the
21jurisdiction where the offense was committed, in force at the
22time of said offense, and shall be punished pursuant to said
23other law, subject only to the maximum punishment prescribed by
24this Code.
 

 

 

SB2861- 106 -LRB099 20640 KTG 45234 b

1    Section 150. The Military Code of Illinois is amended by
2adding Section 34.1 as follows:
 
3    (20 ILCS 1805/34.1 new)
4    Sec. 34.1. Separation; discharge; Illinois National Guard.
5    (a) Members of the Illinois National Guard shall be
6separated from the active service in accordance with federal
7laws and regulations as made applicable to the National Guard,
8except as otherwise provided herein or in the Illinois Code of
9Military Justice.
10    (b) Members of the Illinois National Guard who are
11discharged from the Illinois National Guard, in the case of
12officers with a dismissal or in the case of enlisted personnel
13with a dishonorable discharge, shall be ineligible to hold any
14elective or appointive office, position, or employment in the
15service of this State, any county, or any municipality thereof,
16for a period of 5 years unless such disability shall be removed
17by the Governor.
 
18    (20 ILCS 1805/34 rep.)
19    (20 ILCS 1805/47 rep.)
20    (20 ILCS 1805/Art. XIV rep.)
21    (20 ILCS 1805/Art. XV rep.)
22    (20 ILCS 1805/89 rep.)
23    (20 ILCS 1805/90 rep.)

 

 

SB2861- 107 -LRB099 20640 KTG 45234 b

1    (20 ILCS 1805/91 rep.)
2    Section 155. The Military Code of Illinois is amended by
3repealing Sections 34, 47, 89, 90, and 91 and Articles XIV and
4XV.
 
5    Section 156. The State Finance Act is amended by adding
6Section 5.875 as follows:
 
7    (30 ILCS 105/5.875 new)
8    Sec. 5.875. The State Military Justice Fund.
 
9    Section 999. Effective date. This Act takes effect January
101, 2017.

 

 

SB2861- 108 -LRB099 20640 KTG 45234 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    20 ILCS 1805/34.1 new
5    20 ILCS 1805/34 rep.
6    20 ILCS 1805/47 rep.
7    20 ILCS 1805/Art. XIV rep.
8    20 ILCS 1805/Art. XV rep.
9    20 ILCS 1805/89 rep.
10    20 ILCS 1805/90 rep.
11    20 ILCS 1805/91 rep.
12    30 ILCS 105/5.875 new