(20 ILCS 1805/89) (from Ch. 129, par. 220.89)
Sec. 89.
If any member of the Illinois National Guard in the performance
of military duty, or in pursuance thereof, and
while acting as a member of the Illinois National Guard, kills, wounds,
maims or injures any person, or causes, orders or
directs the killing, wounding, maiming or injuring of any person, or the
injury, destruction or confiscation of any property, real or personal, the
officer commanding the military force of which such member is a part shall,
as soon as possible thereafter, convene a board to consist of not less than
three nor more than five commissioned officers of the military
force, who shall examine and inquire into the facts in connection with, or
in relation to the act or acts to be inquired of, and take the substance of
the proof or evidence of the witnesses to, and participants in, such act or
acts down in writing, and transmit the same together with their findings
and recommendations from the facts adduced before said board to The
Adjutant General.
The findings of the board shall include one of the following
recommendations, to-wit: That the individual under investigation be brought
to trial before a general courts-martial, or be wholly exonerated and
acquitted of responsibility for the acts, or be turned over to the civil
authorities to be dealt with as the law directs.
The officer commanding said military force may cause the arrest of any
member of the Illinois National Guard so killing,
wounding, or injuring any person or persons, or of the officer, or the
non-commissioned or warrant officer directly responsible therefor,
by reason of orders given by him in the execution of his military duty, or
otherwise, and hold in arrest until discharged by competent authority.
(Source: P.A. 85-1241.)
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