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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

(20 ILCS 1805/) Military Code of Illinois.

20 ILCS 1805/Art. VIII

    (20 ILCS 1805/Art. VIII heading)

20 ILCS 1805/37

    (20 ILCS 1805/37) (from Ch. 129, par. 220.37)
    Sec. 37. The Commander-in-Chief shall make all appointments in the commissioned rank in the Illinois National Guard. Commissions evidencing all appointments shall be signed by the Governor and attested and issued by The Adjutant General.
(Source: P.A. 85-1241.)

20 ILCS 1805/38

    (20 ILCS 1805/38) (from Ch. 129, par. 220.38)
    Sec. 38. Commissions to officers shall read to a certain grade in a given branch or corps. Assignment to duty in any unit shall be by order of the Commander-in-Chief. The validity of all commissions shall be subject to formal acceptance and the execution of oath of office prescribed by law.
(Source: Laws 1957, p. 2141.)

20 ILCS 1805/39

    (20 ILCS 1805/39) (from Ch. 129, par. 220.39)
    Sec. 39. The qualifications for appointment of commissioned officers will be in accordance with the provisions of the laws of the United States and the rules and regulations based thereon.
(Source: Laws 1957, p. 2141.)

20 ILCS 1805/40

    (20 ILCS 1805/40) (from Ch. 129, par. 220.40)
    Sec. 40. Except where otherwise specified herein, all officers now in active service or hereafter appointed, shall hold their respective commissions until they are vacated by resignation or retirement, or by acceptance of another commission in the State military service, or by sentence of a general courts-martial, approved finding of a board of officers under Section 42, Article VIII, approved finding of a board of officers convened pursuant to federal regulations in which the board recommends withdrawal of federal recognition of the officer's commission, or terminated under Section 43, Article VIII hereof. Federal recognition with commission in the National Guard of the United States is established as a requirement for holding commission in the active National Guard of Illinois; the commission of an officer in the National Guard of Illinois will be terminated upon failure to obtain or retain Federal recognition.
(Source: P.A. 99-557, eff. 1-1-17.)

20 ILCS 1805/41

    (20 ILCS 1805/41) (from Ch. 129, par. 220.41)
    Sec. 41. Any commanding officer of the Illinois National Guard having under their command an officer who is undesirable as an officer, for any reason other than for physical disability, may recommend, through military channels, that such officer be ordered before a board of officers for investigation. Such recommendations shall fully and clearly state the facts and reasons on which such undesirability is based.
(Source: P.A. 85-1241.)

20 ILCS 1805/42

    (20 ILCS 1805/42) (from Ch. 129, par. 220.42)
    Sec. 42. Whenever a recommendation is made pursuant to the provisions of the preceding Section and such recommendation is approved by superior commanders, it shall be within the discretion of the Adjutant General to convene a board of not less than three nor more than five commissioned officers all superior in rank or date of rank to the officer or enlisted member facing investigation to examine into the matter of such recommendation and the desirability and qualifications of the officer or enlisted member who is the subject thereof, and to report its findings and recommendations to the Adjutant General. If the board finds such officer to be undesirable and such findings are approved by the Adjutant General, then the commission of such officer or enlistment of such soldier or airman, in the Organized Militia, shall be terminated.
(Source: P.A. 99-557, eff. 1-1-17.)

20 ILCS 1805/43

    (20 ILCS 1805/43) (from Ch. 129, par. 220.43)
    Sec. 43. When an officer is absent without leave from four consecutive unit training assemblies or the annual training period such officer's commission shall be terminated.
(Source: P.A. 99-557, eff. 1-1-17.)