SB2076eng 101ST GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Code of Military Justice is amended
5by changing Sections 79, 81, 82, 83, 84, 87, 89, 90, 95, 96,
698, 103, 104, 105, 106, 106a, 107, 110, 112, 113, 115, 123,
7124, 132, and 133 and by adding Sections 87a, 87b, 93a, 95a,
8103a, 103b, 104a, 104b, 105a, 107a, 108a, 109a, 119a, 119b,
9120a, 120b, 120c, 121a, 122a, 124a, 124b, 128a, 131a, 131b,
10131c, 131d, 131e, 131f, and 131g as follows:
 
11    (20 ILCS 1807/79)
12    Sec. 79. Article 79. Conviction of lesser included offense
13charged, lesser included offenses, and attempts.
14    (a) An accused may be found guilty of any of the following:
15an offense necessarily included in the offense charged or of an
16attempt to commit either the offense charged or an offense
17necessarily included therein.
18        (1) The offense charged.
19        (2) A lesser included offense.
20        (3) An attempt to commit the offense charged.
21        (4) An attempt to commit a lesser included offense, if
22    the attempt is an offense in its own right.
23    (b) In this Article, "lesser included offense" means:

 

 

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1        (1) an offense that is necessarily included in the
2    offense charged; and
3        (2) any lesser included offense so designated by
4    regulation prescribed by the Governor.
5    (c) Any designation of a lesser included offense in a
6regulation referred to in subsection (b) shall be reasonably
7included in the greater offense.
8(Source: P.A. 99-796, eff. 1-1-17.)
 
9    (20 ILCS 1807/81)
10    Sec. 81. Article 81. Conspiracy.
11    (a) Any person subject to this Code who conspires with any
12other person to commit an offense under this Code shall, if one
13or more of the conspirators does an act to effect the object of
14the conspiracy, be punished as a court-martial may direct.
15    (b) Any person subject to this Code who conspires with any
16other person to commit an offense under the law of war, and who
17knowingly does an overt act to affect the object of the
18conspiracy, shall be punished as a court-martial may direct.
19(Source: P.A. 99-796, eff. 1-1-17.)
 
20    (20 ILCS 1807/82)
21    Sec. 82. Article 82. Soliciting commission of offenses
22Solicitation.
23    (a) Any person subject to this Code who solicits or advises
24another to commit an offense under this Code (other than an

 

 

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1offense specified in subsection (b)) shall be punished as a
2court-martial may direct. Any person subject to this Code who
3solicits or advises another or others to desert in violation of
4Article 85 of this Code or mutiny in violation of Article 94 of
5this Code shall, if the offense solicited or advised is
6attempted or committed, be punished with the punishment
7provided for the commission of the offense, but, if the offense
8solicited or advised is not committed or attempted, the person
9shall be punished as a court-martial may direct.
10    (b) Any person subject to this Code who solicits or advises
11another to violate Article 85 of this Code, Article 94 of this
12title, or Article 99 of this Code: Any person subject to this
13Code who solicits or advises another or others to commit an act
14of misbehavior before the enemy in violation of Article 99 of
15this Code or sedition in violation of Article 94 of this Code
16shall, if the offense solicited or advised is committed, be
17punished with the punishment provided for the commission of the
18offense, but, if the offense solicited or advised is not
19committed, the person shall be punished as a court-martial may
20direct.
21        (1) if the offense solicited or advised is attempted or
22    is committed, shall be punished with the punishment
23    provided for the commission of the offense; and
24        (2) if the offense solicited or advised is not
25    attempted or committed, shall be punished as a
26    court-martial may direct.

 

 

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1(Source: P.A. 99-796, eff. 1-1-17.)
 
2    (20 ILCS 1807/83)
3    Sec. 83. Article 83. Malingering Fraudulent enlistment,
4appointment, or separation. Any person subject to this Code
5who, with the intent to avoid work, duty, or service who:
6        (1) feigns illness, physical disablement, mental
7    lapse, or mental derangement procures his own enlistment or
8    appointment in the State military forces by knowingly false
9    representation or deliberate concealment as to his
10    qualifications for that enlistment or appointment and
11    receives pay or allowances thereunder; or
12        (2) intentionally inflicts self-injury procures his
13    own separation from the State military forces by knowingly
14    false representation or deliberate concealment as to his
15    eligibility for that separation;
16shall be punished as a court-martial may direct.
17(Source: P.A. 99-796, eff. 1-1-17.)
 
18    (20 ILCS 1807/84)
19    Sec. 84. Article 84. Breach of medical quarantine Unlawful
20enlistment, appointment, or separation. Any person subject to
21this Code: who effects an enlistment or appointment in or a
22separation from the State military forces of any person who is
23known to him to be ineligible for that enlistment, appointment,
24or separation because it is prohibited by law, regulation, or

 

 

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1order
2        (1) who is ordered into medical quarantine by a person
3    authorized to issue such order; and
4        (2) who, with knowledge of the quarantine and the
5    limits of the quarantine, goes beyond those limits before
6    being released from the quarantine by proper authority;
7shall be punished as a court-martial may direct.
8(Source: P.A. 99-796, eff. 1-1-17.)
 
9    (20 ILCS 1807/87)
10    Sec. 87. Article 87. Missing movement; jumping from vessel.
11    (a) Any person subject to this Code who through neglect or
12design misses the movement of a ship, aircraft, or unit with
13which he is required in the course of duty to move shall be
14punished as a court-martial may direct.
15    (b) Any person subject to this Code who wrongfully and
16intentionally jumps into the water from a vessel in use by the
17State military forces shall be punished as a court-martial may
18direct.
19(Source: P.A. 99-796, eff. 1-1-17.)
 
20    (20 ILCS 1807/87a new)
21    Sec. 87a. Article 87a. Resistance, flight, breach of
22arrest, and escape. Any person subject to this Code who:
23        (1) resists apprehension;
24        (2) flees from apprehension;

 

 

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1        (3) breaks arrest; or
2        (4) escapes from custody or confinement;
3shall be punished as a court-martial may direct.
 
4    (20 ILCS 1807/87b new)
5    Sec. 87b. Article 87b. (Reserved).
 
6    (20 ILCS 1807/89)
7    Sec. 89. Article 89. Disrespect toward superior
8commissioned officer; assault of superior commissioned
9officer.
10    (a) Any person subject to this Code who behaves with
11disrespect toward his superior commissioned officer shall be
12punished as a court-martial may direct.
13    (b) Any person subject to this Code who strikes that
14person's superior commissioned officer or draws or lifts up any
15weapon or offers any violence against that officer while the
16officer is in the execution of the officer's office shall be
17punished as a court-martial may direct.
18(Source: P.A. 99-796, eff. 1-1-17.)
 
19    (20 ILCS 1807/90)
20    Sec. 90. Article 90. Willfully Assaulting or willfully
21disobeying superior commissioned officer. Any person subject
22to this Code who willfully disobeys a lawful command of that
23person's superior commissioned officer shall be punished as a

 

 

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1court-martial may direct. :
2        (1) strikes his superior commissioned officer or draws
3    or lifts up any weapon or offers any violence against him
4    while he is in the execution of his office; or
5        (2) willfully disobeys a lawful command of his superior
6    commissioned officer;
7shall be punished, if the offense is committed in time of war,
8by confinement of not more than 10 years or such other
9punishment as a court-martial may direct, and if the offense is
10committed at any other time, by such punishment as a
11court-martial may direct.
12(Source: P.A. 99-796, eff. 1-1-17.)
 
13    (20 ILCS 1807/93a new)
14    Sec. 93a. Article 93a. Prohibited activities with military
15recruit or trainee by person in position of special trust.
16    (a) Any person subject to this Code:
17        (1) who is an officer, a noncommissioned officer, or a
18    petty officer;
19        (2) who is in a training leadership position with
20    respect to a specially protected junior member of the State
21    military forces; and
22        (3) who engages in prohibited sexual activity with such
23    specially protected junior member of the State military
24    forces;
25shall be punished as a court-martial may direct.

 

 

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1    (b) Any person subject to this Code:
2        (1) who is a military recruiter and engages in
3    prohibited sexual activity with an applicant for military
4    service; or
5        (2) who is a military recruiter and engages in
6    prohibited sexual activity with a specially protected
7    junior member of the State military forces who is enlisted
8    under a delayed entry program;
9shall be punished as a court-martial may direct.
10    (c) Consent is not a defense for any conduct at issue in a
11prosecution under this Article.
12    (d) In this Article:
13        (1) "Specially protected junior member of the State
14    military forces" means:
15            (A) a member of the State military forces who is
16        assigned to, or is awaiting assignment to, basic
17        training or other initial active duty for training,
18        including a member who is enlisted under a delayed
19        entry program;
20            (B) a member of the State military forces who is a
21        cadet, a midshipman, an officer candidate, or a student
22        in any other officer qualification program; and
23            (C) a member of the State military forces in any
24        program that, by regulation prescribed by the
25        Secretary of the Army or the Air Force, is identified
26        as a training program for initial career

 

 

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1        qualification.
2        (2) "Training leadership position" means, with respect
3    to a specially protected junior member of the State
4    military forces, any of the following:
5            (A) Any drill instructor position or other
6        leadership position in a basic training program, an
7        officer candidate school, a reserve officers' training
8        corps unit, a training program for entry into the State
9        military forces, or any program that, by regulation
10        prescribed by the Secretary of the Army or the Air
11        Force, is identified as a training program for initial
12        career qualification.
13            (B) Faculty and staff of a State military academy,
14        a regional training institute, or any other formal
15        military education program.
16        (3) "Applicant for military service" means a person
17    who, under regulations prescribed by the Secretary of the
18    Army or the Air Force, is an applicant for original
19    enlistment or appointment in the State military forces.
20        (4) "Military recruiter" means a person who, under
21    regulations prescribed by the Secretary of the Army or the
22    Air Force, has the primary duty to recruit persons for
23    military service.
24        (5) "Prohibited sexual activity" means, as specified
25    in regulations prescribed by the Secretary of the Army or
26    the Air Force, inappropriate physical intimacy under

 

 

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1    circumstances described in such regulations.
 
2    (20 ILCS 1807/95)
3    Sec. 95. Article 95. Offenses by sentinel or lookout
4Resistance, flight, breach of arrest, and escape.
5    (a) Any sentinel or lookout who is drunk on post, who
6sleeps on post, or who leaves post before being regularly
7relieved shall be punished as a court-martial may direct.
8    (b) Any sentinel or lookout who loiters or wrongfully sits
9down on post shall be punished as a court-martial may direct.
10Any person subject to this Code who:
11        (1) resists apprehension;
12        (2) flees from apprehension;
13        (3) breaks arrest; or
14        (4) escapes from custody or confinement;
15shall be punished as a court-martial may direct.
16(Source: P.A. 99-796, eff. 1-1-17.)
 
17    (20 ILCS 1807/95a new)
18    Sec. 95a. Article 95a. Disrespect toward sentinel or
19lookout.
20    (a) Any person subject to this Code who, knowing that
21another person is a sentinel or lookout, uses wrongful and
22disrespectful language that is directed toward and within the
23hearing of the sentinel or lookout, who is in the execution of
24duties as a sentinel or lookout, shall be punished as a

 

 

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1court-martial may direct.
2    (b) Any person subject to this Code who, knowing that
3another person is a sentinel or lookout, behaves in a wrongful
4and disrespectful manner that is directed toward and within the
5sight of the sentinel or lookout, who is in the execution of
6duties as a sentinel or lookout, shall be punished as a
7court-martial may direct.
 
8    (20 ILCS 1807/96)
9    Sec. 96. Article 96. Release of Releasing prisoner without
10proper authority; drinking with prisoner.
11    (a) Any person subject to this Code: Any person subject to
12this Code who, without proper authority, releases any prisoner
13committed to his charge, or who through neglect or design
14suffers any such prisoner to escape, shall be punished as a
15court-martial may direct, whether or not the prisoner was
16committed in strict compliance with law.
17        (1) who, without authority to do so, releases a
18    prisoner; or
19        (2) who, through neglect or design, allows a prisoner
20    to escape;
21shall be punished as a court-martial may direct, whether or not
22the prisoner was committed in strict compliance with the law.
23    (b) Any person subject to this Code who unlawfully drinks
24any alcoholic beverage with a prisoner shall be punished as a
25court-martial may direct.

 

 

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1(Source: P.A. 99-796, eff. 1-1-17.)
 
2    (20 ILCS 1807/98)
3    Sec. 98. Article 98. Misconduct as prisoner Noncompliance
4with procedural rules. Any person subject to this Code who,
5while in the hand of the enemy in time of war:
6        (1) for the purpose of securing favorable treatment by
7    his captors acts without proper authority in a manner
8    contrary to law, custom, or regulation, to the detriment of
9    others of whatever nationality held by the enemy as
10    civilian or military prisoners is responsible for
11    unnecessary delay in the disposition of any case of a
12    person accused of an offense under this Code; or
13        (2) while in a position of authority over such persons
14    maltreats them without justifiable cause knowingly and
15    intentionally fails to enforce or comply with any provision
16    of this Code regulating the proceedings before, during, or
17    after trial of an accused;
18shall be punished as a court-martial may direct.
19(Source: P.A. 99-796, eff. 1-1-17.)
 
20    (20 ILCS 1807/103)
21    Sec. 103. Article 103. (Reserved). Captured or abandoned
22property.
23    (a) All persons subject to this Code shall secure all
24public property taken for the service of the United States or

 

 

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1this State, and shall give notice and turn over to the proper
2authority without delay all captured or abandoned property in
3their possession, custody, or control.
4    (b) Any person subject to this Code who:
5        (1) fails to carry out the duties prescribed in
6    subsection (a);
7        (2) buys, sells, trades, or in any way deals in or
8    disposes of taken, captured, or abandoned property,
9    whereby he receives or expects any profit, benefit, or
10    advantage to himself or another directly or indirectly
11    connected with himself; or
12        (3) engages in looting or pillaging;
13shall be punished as a court-martial may direct.
14(Source: P.A. 99-796, eff. 1-1-17.)
 
15    (20 ILCS 1807/103a new)
16    Sec. 103a. Article 103a. (Reserved).
 
17    (20 ILCS 1807/103b new)
18    Sec. 103b. Article 103b. Aiding the enemy. Any person who:
19        (1) aids, or attempts to aid, the enemy with arms,
20    ammunition, supplies, money, or other things; or
21        (2) without proper authority, knowingly harbors or
22    protects or gives intelligence to, or communicates or
23    corresponds with or holds any intercourse with the enemy,
24    either directly or indirectly;

 

 

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1shall be punished as a court-martial may direct.
 
2    (20 ILCS 1807/104)
3    Sec. 104. Article 104. (Reserved). Aiding the enemy. Any
4person subject to this Code who:
5        (1) aids, or attempts to aid, the enemy with arms,
6    ammunition, supplies, money, or other things; or
7        (2) without proper authority, knowingly harbors or
8    protects or gives intelligence to, or communicates or
9    corresponds with or holds any intercourse with the enemy,
10    either directly or indirectly;
11shall be punished as a court-martial may direct.
12(Source: P.A. 99-796, eff. 1-1-17.)
 
13    (20 ILCS 1807/104a new)
14    Sec. 104a. Article 104a. Fraudulent enlistment,
15appointment, or separation. Any person who:
16        (1) procures his or her own enlistment or appointment
17    in the State military forces by knowingly false
18    representation or deliberate concealment as to his or her
19    qualifications for that enlistment or appointment and
20    receives pay or allowances thereunder; or
21        (2) procures his or her own separation from the State
22    military forces by knowingly false representation or
23    deliberate concealment as to his or her eligibility for
24    that separation;

 

 

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1shall be punished as a court-martial may direct.
 
2    (20 ILCS 1807/104b new)
3    Sec. 104b. Article 104b. Unlawful enlistment, appointment,
4or separation. Any person subject to this Code who affects an
5enlistment or appointment in or a separation from the State
6military forces of any person who is known to him to be
7ineligible for that enlistment, appointment, or separation
8because it is prohibited by law, regulation, or order shall be
9punished as a court-martial may direct.
 
10    (20 ILCS 1807/105)
11    Sec. 105. Article 105. (Reserved). Misconduct as prisoner.
12Any person subject to this Code who, while in the hands of the
13enemy in time of war:
14        (1) for the purpose of securing favorable treatment by
15    his captors acts without proper authority in a manner
16    contrary to law, custom, or regulation, to the detriment of
17    others of whatever nationality held by the enemy as
18    civilian or military prisoners; or
19        (2) while in a position of authority over such persons
20    maltreats them without justifiable cause;
21shall be punished as a court-martial may direct.
22(Source: P.A. 99-796, eff. 1-1-17.)
 
23    (20 ILCS 1807/105a new)

 

 

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1    Sec. 105a. Article 105a. False or unauthorized pass
2offenses.
3    (a) Any person subject to this Code who, wrongfully and
4falsely, makes, alters, counterfeits, or tampers with a
5military or official pass, permit, discharge certificate, or
6identification card shall be punished as a court-martial may
7direct.
8    (b) Any person subject to this Code who wrongfully sells,
9gives, lends, or disposes of a false or unauthorized military
10or official pass, permit, discharge certificate, or
11identification card, knowing that the pass, permit, discharge
12certificate, or identification card is false or unauthorized,
13shall be punished as a court-martial may direct.
14    (c) Any person subject to this Code who wrongfully uses or
15possesses a false or unauthorized military or official pass,
16permit, discharge certificate, or identification card, knowing
17that the pass, permit, discharge certificate, or
18identification card is false or unauthorized, shall be punished
19as a court-martial may direct.
 
20    (20 ILCS 1807/106)
21    Sec. 106. Article 106. Impersonation of officer,
22noncommissioned or petty officer, or agent or official
23(Reserved).
24    (a) Any person subject to this Code who, wrongfully and
25willfully, impersonates:

 

 

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1        (1) an officer, a noncommissioned officer, or a petty
2    officer;
3        (2) an agent of superior authority of one of the armed
4    forces; or
5        (3) an official of a government;
6shall be punished as a court-martial may direct.
7    (b) Any person subject to this Code who, wrongfully,
8willfully, and with intent to defraud, impersonates any person
9referred to in paragraph (1), (2), or (3) of subsection (a)
10shall be punished as a court-martial may direct.
11    (c) Any person subject to this Code who, wrongfully,
12willfully, and without intent to defraud, impersonates an
13official of a government by committing an act that exercises or
14asserts the authority of the office that the person claims to
15have shall be punished as a court-martial may direct.
16(Source: P.A. 99-796, eff. 1-1-17.)
 
17    (20 ILCS 1807/106a)
18    Sec. 106a. Article 106a. Wearing unauthorized insignia,
19decoration, badge, ribbon, device, or lapel button (Reserved).
20Any person subject to this Code:
21        (1) who is not authorized to wear an insignia,
22    decoration, badge, ribbon, device, or lapel button; and
23        (2) who wrongfully wears such insignia, decoration,
24    badge, ribbon, device, or lapel button upon the person's
25    uniform or civilian clothing;

 

 

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1shall be punished as a court-martial may direct.
2(Source: P.A. 99-796, eff. 1-1-17.)
 
3    (20 ILCS 1807/107)
4    Sec. 107. Article 107. False official statements; false
5swearing.
6    (a) Any person subject to this Code who, with intent to
7deceive: ,
8        (1) signs any false record, return, regulation, order,
9    or other official document made in the line of duty,
10    knowing it to be false; , or
11        (2) makes any other false official statement made in
12    the line of duty, knowing it to be false; ,
13shall be punished as a court-martial may direct.
14    (b) Any person subject to this Code:
15        (1) who takes an oath that:
16            (A) is administered in a matter in which such oath
17        is required or authorized by law; and
18            (B) is administered by a person with authority to
19        do so; and
20        (2) who, upon such oath, makes or subscribes to a
21    statement; if the statement is false and at the time of
22    taking the oath, the person does not believe the statement
23    to be true,
24shall be punished as a court-martial may direct.
25(Source: P.A. 99-796, eff. 1-1-17.)
 

 

 

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1    (20 ILCS 1807/107a new)
2    Sec. 107a. Article 107a. Parole violation. Any person
3subject to this Code:
4        (1) who, having been a prisoner as the result of a
5    court-martial conviction or other criminal proceeding, is
6    on parole with conditions; and
7        (2) who violates the conditions of parole;
8shall be punished as a court-martial may direct.
 
9    (20 ILCS 1807/108a new)
10    Sec. 108a. Article 108a. Captured or abandoned property.
11    (a) All persons subject to this Code shall secure all
12public property taken from the enemy for the service of the
13United States, and shall give notice and turn over to the
14proper authority without delay all captured or abandoned
15property in their possession, custody, or control.
16    (b) Any person subject to this Code who:
17        (1) fails to carry out the duties prescribed in
18    subsection (a);
19        (2) buys, sells, trades, or in any way deals in or
20    disposes of captured or abandoned property, whereby he
21    receives or expects any profit, benefit, or advantage to
22    himself or another directly or indirectly connected with
23    himself; or
24        (3) engages in looting or pillaging; shall be punished

 

 

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1    as a court-martial may direct.
 
2    (20 ILCS 1807/109a new)
3    Sec. 109a. Article 109a. (Reserved).
 
4    (20 ILCS 1807/110)
5    Sec. 110. Article 110. Improper hazarding of vessel or
6aircraft.
7    (a) Any person subject to this Code who willfully and
8wrongfully hazards or suffers to be hazarded any vessel or
9aircraft of the armed forces of the United States or any state
10military forces shall be punished suffer such punishment as a
11court-martial may direct.
12    (b) Any person subject to this Code who negligently hazards
13or suffers to be hazarded any vessel or aircraft of the armed
14forces of the United States or any state military forces shall
15be punished as a court-martial may direct.
16(Source: P.A. 99-796, eff. 1-1-17.)
 
17    (20 ILCS 1807/112)
18    Sec. 112. Article 112. Drunkenness and other
19incapacitation offenses Drunk on duty.
20    (a) Any person subject to this Code other than a sentinel
21or look-out, who is found drunk on duty, shall be punished as a
22court-martial may direct.
23    (b) Any person subject to this Code who, as a result of

 

 

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1indulgence in any alcoholic beverage or any drug, is
2incapacitated for the proper performance of duty shall be
3punished as a court-martial may direct.
4    (c) Any person subject to this Code who is a prisoner and,
5while in such status, is drunk shall be punished as a
6court-martial may direct.
7(Source: P.A. 99-796, eff. 1-1-17.)
 
8    (20 ILCS 1807/113)
9    Sec. 113. Article 113. (Reserved). Misbehavior of
10sentinel. Any sentinel or look-out who is found drunk or
11sleeping upon his post or leaves it before being regularly
12relieved shall be punished, if the offense is committed in time
13of war, by confinement of not more than 10 years or other
14punishment as a court-martial may direct, but if the offense is
15committed at any other time, by such punishment as a
16court-martial may direct.
17(Source: P.A. 99-796, eff. 1-1-17.)
 
18    (20 ILCS 1807/115)
19    Sec. 115. Article 115. Communicating threats Malingering.
20    (a) Any person subject to this Code who wrongfully
21communicates a threat to injure the person, property, or
22reputation of another shall be punished as a court-martial may
23direct.
24    (b) Any person subject to this Code who wrongfully

 

 

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1communicates a threat to injure the person or property of
2another by use of (1) an explosive, (2) a weapon of mass
3destruction, (3) a biological or chemical agent, substance, or
4weapon, or (4) a hazardous material, shall be punished as a
5court-martial may direct.
6    (c) Any person subject to this Code who maliciously
7communicates a false threat concerning injury to the person or
8property of another by use of (1) an explosive, (2) a weapon of
9mass destruction, (3) a biological or chemical agent,
10substance, or weapon, or (4) a hazardous material, shall be
11punished as a court-martial may direct. As used in this
12subsection, "false threat" means a threat that, at the time the
13threat is communicated, is known to be false by the person
14communicating the threat.
15Any person subject to this Code who for the purpose of avoiding
16work, duty, or service:
17        (1) feigns illness, physical disablement, mental
18    lapse, or derangement; or
19        (2) intentionally inflicts self-injury;
20shall be punished as a court-martial may direct.
21(Source: P.A. 99-796, eff. 1-1-17.)
 
22    (20 ILCS 1807/119a new)
23    Sec. 119a. Article 119a. (Reserved).
 
24    (20 ILCS 1807/119b new)

 

 

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1    Sec. 119b. Article 119b. (Reserved).
 
2    (20 ILCS 1807/120a new)
3    Sec. 120a. Article 120a. (Reserved).
 
4    (20 ILCS 1807/120b new)
5    Sec. 120b. Article 120b. (Reserved).
 
6    (20 ILCS 1807/120c new)
7    Sec. 120c. Article 120c. (Reserved).
 
8    (20 ILCS 1807/121a new)
9    Sec. 121a. Article 121a. (Reserved).
 
10    (20 ILCS 1807/122a new)
11    Sec. 122a. Article 122a. (Reserved).
 
12    (20 ILCS 1807/123)
13    Sec. 123. Article 123. Offenses concerning Government
14computers (Reserved).
15    (a) Any person subject to this Code who:
16        (1) knowingly accesses a Government computer, with an
17    unauthorized purpose, and by doing so obtains classified
18    information, with reason to believe such information could
19    be used to the injury of the United States, or to the
20    advantage of any foreign nation, and intentionally

 

 

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1    communicates, delivers, transmits, or causes to be
2    communicated, delivered, or transmitted such information
3    to any person not entitled to receive it;
4        (2) intentionally accesses a Government computer, with
5    an unauthorized purpose, and thereby obtains classified or
6    other protected information from any such Government
7    computer; or
8        (3) knowingly causes the transmission of a program,
9    information, code, or command, and as a result of such
10    conduct, intentionally causes damage without authorization
11    to a Government computer;
12shall be punished as a court-martial may direct.
13    (b) In this Article:
14        (1) "Computer" has the meaning given that term in
15    Section 1030 of Title 18 of the United States Code.
16        (2) "Government computer" means a computer owned or
17    operated by or on behalf of the United States Government or
18    State government.
19        (3) "Damage" has the meaning given that term in Section
20    1030 of Title 18 of the United States Code.
21(Source: P.A. 99-796, eff. 1-1-17.)
 
22    (20 ILCS 1807/124)
23    Sec. 124. Article 124. Frauds against the government. Any
24person subject to this Code: (Reserved).
25    (1) who, knowing it to be false or fraudulent:

 

 

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1        (A) makes any claim against the United States, this
2    State, or any officer thereof; or
3        (B) presents to any person in the civil or military
4    service thereof, for approval or payment, any claim against
5    the United States, this State, or any officer thereof;
6    (2) who, for the purpose of obtaining the approval,
7allowance, or payment of any claim against the United States,
8this State, or any officer thereof:
9        (A) makes or uses any writing or other paper knowing it
10    to contain any false or fraudulent statements;
11        (B) makes any oath, affirmation, or certification to
12    any fact or to any writing or other paper knowing the oath,
13    affirmation, or certification to be false; or
14        (C) forges or counterfeits any signature upon any
15    writing or other paper, or uses any such signature knowing
16    it to be forged or counterfeited;
17    (3) who, having charge, possession, custody, or control of
18any money, or other property of the United States or this
19State, furnished or intended for the armed forces of the United
20States or the State military forces, knowingly delivers to any
21person having authority to receive it, any amount thereof less
22than that for which he receives a certificate or receipt; or
23    (4) who, being authorized to make or deliver any paper
24certifying the receipt of any property of the United States or
25this State, furnished or intended for the armed forces of the
26United States or the State military forces, makes or delivers

 

 

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1to any person such writing without having full knowledge of the
2truth of the statements therein contained and with intent to
3defraud the United States or this State;
4shall, upon conviction, be punished as a court-martial may
5direct.
6(Source: P.A. 99-796, eff. 1-1-17.)
 
7    (20 ILCS 1807/124a new)
8    Sec. 124a. Article 124a. (Reserved).
 
9    (20 ILCS 1807/124b new)
10    Sec. 124b. Article 124b. (Reserved).
 
11    (20 ILCS 1807/128a new)
12    Sec. 128a. Article 128a. (Reserved).
 
13    (20 ILCS 1807/131a new)
14    Sec. 131a. Article 131a. (Reserved).
 
15    (20 ILCS 1807/131b new)
16    Sec. 131b. Article 131b. (Reserved).
 
17    (20 ILCS 1807/131c new)
18    Sec. 131c. Article 131c. (Reserved).
 
19    (20 ILCS 1807/131d new)

 

 

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1    Sec. 131d. Article 131d. (Reserved).
 
2    (20 ILCS 1807/131e new)
3    Sec. 131e. Article 131e. (Reserved).
 
4    (20 ILCS 1807/131f new)
5    Sec. 131f. Article 131f. Noncompliance with procedural
6rules. Any person subject to this Code who:
7        (1) is responsible for unnecessary delay in the
8    disposition of any case of a person accused of an offense
9    under this Code; or
10        (2) knowingly and intentionally fails to enforce or
11    comply with any provision of this Code regulating the
12    proceedings before, during, or after trial of an accused;
13shall be punished as a court-martial may direct.
 
14    (20 ILCS 1807/131g new)
15    Sec. 131g. Article 131g. Wrongful interference with
16adverse administrative proceeding. Any person subject to this
17Code who, having reason to believe that an adverse
18administrative proceeding is pending against any person
19subject to this Code, wrongfully acts with the intent:
20        (1) to influence, impede, or obstruct the conduct of
21    the proceeding; or
22        (2) otherwise to obstruct the due administration of
23    justice;

 

 

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1shall be punished as a court-martial may direct.
 
2    (20 ILCS 1807/132)
3    Sec. 132. Article 132. Retaliation Frauds against the
4government.
5    (a) Any person subject to this Code who, with the intent to
6retaliate against any person for reporting or planning to
7report a criminal offense, or making or planning to make a
8protected communication, or with the intent to discourage any
9person from reporting a criminal offense or making or planning
10to make a protected communication:
11        (1) wrongfully takes or threatens to take an adverse
12    personnel action against any person; or
13        (2) wrongfully withholds or threatens to withhold a
14    favorable personnel action with respect to any person;
15shall be punished as a court-martial may direct.
16    (b) In this Article:
17        (1) "Protected communication" means the following:
18            (A) A lawful communication to a Member of Congress
19        or an Inspector General.
20            (B) A communication to a covered individual or
21        organization in which a member of the State military
22        forces complains of, or discloses information that the
23        member reasonably believes constitutes evidence of,
24        any of the following:
25                (i) A violation of law or regulation,

 

 

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1            including a law or regulation prohibiting sexual
2            harassment or unlawful discrimination.
3                (ii) Gross mismanagement, a gross waste of
4            funds, an abuse of authority, or a substantial and
5            specific danger to public health or safety.
6        (2) "Inspector General" has the meaning given that term
7    in Section 1034(j) of Title 10 of the United States Code.
8        (3) "Covered individual or organization" means any
9    recipient of a communication specified in clauses (i)
10    through (v) of Section 1034(b)(1)(B) of Title 10 of this
11    Code.
12        (4) "Unlawful discrimination" means discrimination on
13    the basis of race, color, religion, sex, or national
14    origin.
15Any person subject to this Code:
16        (1) who, knowing it to be false or fraudulent:
17            (A) makes any claim against the United States, this
18        State, or any officer thereof; or
19            (B) presents to any person in the civil or military
20        service thereof, for approval or payment, any claim
21        against the United States, this State, or any officer
22        thereof;
23        (2) who, for the purpose of obtaining the approval,
24    allowance, or payment of any claim against the United
25    States, this State, or any officer thereof:
26            (A) makes or uses any writing or other paper

 

 

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1        knowing it to contain any false or fraudulent
2        statements;
3            (B) makes any oath, affirmation, or certification
4        to any fact or to any writing or other paper knowing
5        the oath, affirmation, or certification to be false; or
6            (C) forges or counterfeits any signature upon any
7        writing or other paper, or uses any such signature
8        knowing it to be forged or counterfeited;
9        (3) who, having charge, possession, custody, or
10    control of any money, or other property of the United
11    States or this State, furnished or intended for the armed
12    forces of the United States or the State military forces,
13    knowingly delivers to any person having authority to
14    receive it, any amount thereof less than that for which he
15    receives a certificate or receipt; or
16        (4) who, being authorized to make or deliver any paper
17    certifying the receipt of any property of the United States
18    or this State, furnished or intended for the armed forces
19    of the United States or the State military forces, makes or
20    delivers to any person such writing without having full
21    knowledge of the truth of the statements therein contained
22    and with intent to defraud the United States or this State;
23shall, upon conviction, be punished as a court-martial may
24direct.
25(Source: P.A. 99-796, eff. 1-1-17.)
 

 

 

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1    (20 ILCS 1807/133)
2    Sec. 133. Article 133. Conduct unbecoming an officer and a
3gentleman. 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(Source: P.A. 99-796, eff. 1-1-17.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.