Full Text of HB3040 100th General Assembly
HB3040enr 100TH GENERAL ASSEMBLY |
| | HB3040 Enrolled | | LRB100 10666 KTG 20890 b |
|
| 1 | | AN ACT concerning military affairs.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. The Illinois Administrative Procedure Act is | 5 | | amended by changing Section 1-20 as follows: | 6 | | (5 ILCS 100/1-20) (from Ch. 127, par. 1001-20)
| 7 | | Sec. 1-20. "Agency" means each officer, board, commission, | 8 | | and agency
created by the Constitution, whether in the | 9 | | executive, legislative, or
judicial branch of State | 10 | | government, but other than the circuit court; each
officer, | 11 | | department, board, commission, agency, institution, authority,
| 12 | | university, and body politic and corporate of the State; each
| 13 | | administrative unit or corporate outgrowth of the State | 14 | | government that is
created by or pursuant to statute, other | 15 | | than units of local government and
their officers, school | 16 | | districts, and boards of election commissioners; and
each | 17 | | administrative unit or corporate outgrowth of the above and as | 18 | | may be
created by executive order of the Governor. "Agency", | 19 | | however, does not
include the following:
| 20 | | (1) The House of Representatives and Senate and their | 21 | | respective
standing and service committees, including | 22 | | without limitation the
Board of the Office of the Architect | 23 | | of the Capitol and the Architect of the
Capitol established |
| | | HB3040 Enrolled | - 2 - | LRB100 10666 KTG 20890 b |
|
| 1 | | under
the Legislative Commission Reorganization Act of | 2 | | 1984.
| 3 | | (2) The Governor.
| 4 | | (3) The justices and judges of the Supreme and | 5 | | Appellate Courts.
| 6 | | (4) The Legislative Ethics Commission.
| 7 | | (5) The Illinois State Guard with respect to | 8 | | regulations adopted under the Illinois State Guard Act. | 9 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 10 | | Section 3. The State Employee Indemnification Act is | 11 | | amended by changing Section 1 as follows: | 12 | | (5 ILCS 350/1) (from Ch. 127, par. 1301)
| 13 | | Sec. 1. Definitions. For the purpose of this Act:
| 14 | | (a) The term "State" means the State of Illinois, the | 15 | | General
Assembly, the court, or any State office, department, | 16 | | division, bureau,
board, commission, or committee, the | 17 | | governing boards of the public
institutions of higher education | 18 | | created by the State, the Illinois
National Guard, the Illinois | 19 | | State Guard, the Comprehensive Health Insurance Board, any | 20 | | poison control
center designated under the Poison Control | 21 | | System Act that receives State
funding, or any other agency or | 22 | | instrumentality of the State. It
does not mean any local public | 23 | | entity as that term is defined in Section
1-206 of the Local | 24 | | Governmental and Governmental Employees Tort Immunity
Act or a |
| | | HB3040 Enrolled | - 3 - | LRB100 10666 KTG 20890 b |
|
| 1 | | pension fund.
| 2 | | (b) The term "employee" means: any present or former | 3 | | elected or
appointed officer, trustee or employee of the State, | 4 | | or of a pension
fund;
any present or former commissioner or | 5 | | employee of the Executive Ethics
Commission or of the | 6 | | Legislative Ethics Commission; any present or former
| 7 | | Executive, Legislative, or Auditor General's Inspector | 8 | | General; any present or
former employee of an Office of an | 9 | | Executive, Legislative, or Auditor General's
Inspector | 10 | | General; any present or former member of the Illinois National
| 11 | | Guard
while on active duty; any present or former member of the | 12 | | Illinois State
Guard
while on State active duty; individuals or | 13 | | organizations who contract with the
Department of Corrections, | 14 | | the Department of Juvenile Justice, the Comprehensive Health | 15 | | Insurance Board, or the
Department of Veterans' Affairs to | 16 | | provide services; individuals or
organizations who contract | 17 | | with the Department of Human Services (as
successor to the | 18 | | Department of Mental Health and Developmental
Disabilities) to | 19 | | provide services including but not limited to treatment and
| 20 | | other services for sexually violent persons; individuals or | 21 | | organizations who
contract with the Department of
Military
| 22 | | Affairs for youth programs; individuals or
organizations who | 23 | | contract to perform carnival and amusement ride safety
| 24 | | inspections for the Department of Labor; individuals who | 25 | | contract with the Office of the State's Attorneys Appellate | 26 | | Prosecutor to provide legal services, but only when performing |
| | | HB3040 Enrolled | - 4 - | LRB100 10666 KTG 20890 b |
|
| 1 | | duties within the scope of the Office's prosecutorial | 2 | | activities; individual representatives of or
designated | 3 | | organizations authorized to represent the Office of State | 4 | | Long-Term
Ombudsman for the Department on Aging; individual | 5 | | representatives of or
organizations designated by the | 6 | | Department on Aging in the performance of their
duties as adult | 7 | | protective services agencies or regional administrative | 8 | | agencies
under the Adult Protective Services Act; individuals | 9 | | or organizations appointed as members of a review team or the | 10 | | Advisory Council under the Adult Protective Services Act; | 11 | | individuals or organizations who perform
volunteer services | 12 | | for the State where such volunteer relationship is reduced
to | 13 | | writing; individuals who serve on any public entity (whether | 14 | | created by law
or administrative action) described in paragraph | 15 | | (a) of this Section; individuals or not for profit | 16 | | organizations who, either as volunteers, where
such volunteer | 17 | | relationship is reduced to writing, or pursuant to contract,
| 18 | | furnish professional advice or consultation to any agency or | 19 | | instrumentality of
the State; individuals who serve as foster | 20 | | parents for the Department of
Children and Family Services when | 21 | | caring for a Department ward; individuals who serve as members | 22 | | of an independent team of experts under Brian's Law; and | 23 | | individuals
who serve as arbitrators pursuant to Part 10A of
| 24 | | Article II of the Code of Civil Procedure and the rules of the | 25 | | Supreme Court
implementing Part 10A, each as now or hereafter | 26 | | amended; the term "employee" does not mean an
independent |
| | | HB3040 Enrolled | - 5 - | LRB100 10666 KTG 20890 b |
|
| 1 | | contractor except as provided in this Section. The term | 2 | | includes an
individual appointed as an inspector by the | 3 | | Director of State Police when
performing duties within the | 4 | | scope of the activities of a Metropolitan
Enforcement Group or | 5 | | a law enforcement organization established under the
| 6 | | Intergovernmental Cooperation Act. An individual who renders | 7 | | professional
advice and consultation to the State through an | 8 | | organization which qualifies as
an "employee" under the Act is | 9 | | also an employee. The term includes the estate
or personal | 10 | | representative of an employee.
| 11 | | (c) The term "pension fund" means a retirement system or | 12 | | pension
fund created under the Illinois Pension Code.
| 13 | | (Source: P.A. 98-49, eff. 7-1-13; 98-83, eff. 7-15-13; 98-732, | 14 | | eff. 7-16-14; 98-756, eff. 7-16-14 .)
| 15 | | Section 5. The Military Code of Illinois is amended by | 16 | | changing Section 21 as follows:
| 17 | | (20 ILCS 1805/21) (from Ch. 129, par. 220.21)
| 18 | | Sec. 21.
The Assistant Adjutant General for Army shall be | 19 | | the chief administrative
assistant to The Adjutant General for | 20 | | Army matters and the Assistant Adjutant
General for Air shall | 21 | | be the chief administrative assistant to The Adjutant
General | 22 | | for Air matters and both shall perform such duties as may be | 23 | | directed
by The Adjutant General. In the event of the death or | 24 | | disability of The Adjutant
General or any other occurrence that |
| | | HB3040 Enrolled | - 6 - | LRB100 10666 KTG 20890 b |
|
| 1 | | creates a vacancy in the office, his absence from the State , | 2 | | the Commander-in-Chief shall designate
either the Assistant | 3 | | Adjutant General for Army or the Assistant Adjutant
General for | 4 | | Air as the Acting Adjutant General to perform the duties of the | 5 | | office until an Adjutant General is appointed of The Adjutant | 6 | | General .
| 7 | | (Source: P.A. 80-176.)
| 8 | | Section 10. The Illinois Code of Military Justice is | 9 | | amended by adding Section 76b as follows: | 10 | | (20 ILCS 1807/76b new) | 11 | | Sec. 76b. Article 76b. Lack of mental capacity or mental | 12 | | responsibility; commitment of accused for examination and | 13 | | treatment. | 14 | | (a) Persons incompetent to stand trial. | 15 | | (1)(A) In general, no person may be brought to trial by | 16 | | court-martial if that person is presently suffering from a | 17 | | mental disease or defect rendering that person mentally | 18 | | incompetent to the extent that he or she is unable to | 19 | | understand the nature of the proceedings against them or to | 20 | | conduct or cooperate intelligently in the defense of the | 21 | | case. | 22 | | (B) A person is presumed to have the capacity to stand | 23 | | trial unless the contrary is established. | 24 | | (C) Determination of capacity of an accused to stand |
| | | HB3040 Enrolled | - 7 - | LRB100 10666 KTG 20890 b |
|
| 1 | | trial shall be made in accordance with Rule 909 (c), (d), | 2 | | and (e) of the Rules for Courts-Martial as described in the | 3 | | Manual for Courts-Martial, United States (2012 Edition), | 4 | | or as provided in any subsequent rule adopted in accordance | 5 | | with applicable law and regulation by the President of the | 6 | | United States, except that references in those rules to | 7 | | "the Attorney General" mean the Department of Human | 8 | | Services. | 9 | | (2) An inquiry into the mental capacity or mental | 10 | | responsibility of the accused shall be conducted as | 11 | | provided in Rule 706 of the Rules for Courts-Martial as | 12 | | described in the Manual for Courts-Martial, United States | 13 | | (2012 Edition), or as provided in any subsequent rule | 14 | | adopted in accordance with applicable law and regulation by | 15 | | the President of the United States. | 16 | | If the accused's incapacity is mental, the convening | 17 | | authority may order him or her to be placed for treatment | 18 | | in the custody of the Department of Human Services or the | 19 | | convening authority may order him or her to be placed in | 20 | | the custody of any other appropriate public or private | 21 | | mental health facility or treatment program which has | 22 | | agreed to provide treatment to the accused. If the accused | 23 | | is placed in the custody of the Department of Human | 24 | | Services, the accused may be placed in a secure setting. | 25 | | During the period of time required to determine the | 26 | | appropriate placement, the accused shall remain confined. |
| | | HB3040 Enrolled | - 8 - | LRB100 10666 KTG 20890 b |
|
| 1 | | If, upon the completion of the placement process, the | 2 | | Department of Human Services determines that the accused is | 3 | | currently fit to stand trial, the Department shall | 4 | | immediately notify the convening authority and shall | 5 | | submit a written report within 7 days. In that | 6 | | circumstance, the placement shall be held pending a court | 7 | | hearing on the Department's report. Otherwise, upon | 8 | | completion of the placement process, the sheriff shall be | 9 | | notified and shall transport the accused to the designated | 10 | | facility. The placement may be ordered on either an | 11 | | inpatient or an outpatient basis. | 12 | | In addition to other matters, the inquiry shall | 13 | | determine whether there is a substantial probability that | 14 | | the accused will attain mental responsibility to stand | 15 | | trial within one year if he or she is provided with a | 16 | | course of treatment. | 17 | | (A) In the case of a general court-martial, if the | 18 | | official responsible for determining capacity to stand | 19 | | trial finds that there is not a substantial probability | 20 | | that the accused will attain mental responsibility | 21 | | within one year if he or she is provided with a course | 22 | | of treatment, the case shall proceed as provided in | 23 | | Section 104-23 of the Code of Criminal Procedure of | 24 | | 1963. In a special court-martial, the case shall | 25 | | proceed after the expiration of the maximum period of | 26 | | confinement authorized for the offense or offenses |
| | | HB3040 Enrolled | - 9 - | LRB100 10666 KTG 20890 b |
|
| 1 | | charged. | 2 | | (B) If the official responsible for determining | 3 | | capacity to stand trial finds that there is a | 4 | | probability that the accused will attain mental | 5 | | responsibility
within one year if he or she is provided | 6 | | with a course of treatment, or if the official is | 7 | | unable to determine whether a substantial probability | 8 | | exists, the accused shall be ordered to undergo | 9 | | treatment for the purpose of rendering him or her fit | 10 | | in accordance with subsections (b) or (c) of Section | 11 | | 104-17 of the Code of Criminal Procedure of 1963. | 12 | | (1) Any references to "the court" in Sections | 13 | | 104-23 and 104-17 of the Code of Criminal Procedure | 14 | | of 1963 mean the general court-martial convening | 15 | | authority. | 16 | | (2) The general court-martial convening | 17 | | authority shall, as necessary, transmit the | 18 | | information as provided in subsection (d) of | 19 | | Section 104-17 of the Code of Criminal Procedure of | 20 | | 1963. | 21 | | (b) Persons found not guilty by reason of lack of mental | 22 | | responsibility. | 23 | | (1) The accused is presumed to have been mentally | 24 | | responsible at the time of the alleged offense. This | 25 | | presumption continues until the accused establishes, by | 26 | | clear and convincing evidence, that he or she was not |
| | | HB3040 Enrolled | - 10 - | LRB100 10666 KTG 20890 b |
|
| 1 | | mentally responsible at the time of the alleged offense. A | 2 | | mental condition not amounting to a lack of mental | 3 | | responsibility under Article 50a of this Code is not an | 4 | | affirmative defense. | 5 | | (2) If a question is raised concerning the mental | 6 | | responsibility of the accused, the military judge shall | 7 | | rule whether to direct an inquiry under Rule 706 of the | 8 | | Rules for Court-Martial as described in the Manual for | 9 | | Courts-Martial, United States (2012 Edition), or under any | 10 | | subsequent rule adopted in accordance with applicable law | 11 | | and regulation by the President of the United States. The | 12 | | issue of mental responsibility shall not be considered an | 13 | | interlocutory question. | 14 | | (3) If a person is found not guilty only by reason of | 15 | | lack of mental responsibility, the case shall proceed in | 16 | | accordance with State law pertaining to persons acquitted | 17 | | by reason of insanity as provided in Section 5-2-4 of the | 18 | | Unified Code of Corrections. References within that | 19 | | Section to "the court" or "clerk of the court" mean the | 20 | | general court-martial convening authority. | 21 | | (4) After a finding or verdict of not guilty only by | 22 | | reason of lack of mental responsibility, the accused shall | 23 | | be ordered to the Department of Human Services for an | 24 | | evaluation as to whether he or she is in need of mental | 25 | | health services. The order shall specify whether the | 26 | | evaluation shall be conducted on an inpatient or outpatient |
| | | HB3040 Enrolled | - 11 - | LRB100 10666 KTG 20890 b |
|
| 1 | | basis. If the evaluation is to be conducted on an inpatient | 2 | | basis, the accused shall be placed in a secure setting. A | 3 | | copy of the law enforcement reports, criminal charges, | 4 | | arrest record, jail record, record of trial, and any victim | 5 | | impact statement shall be sent with the order for | 6 | | evaluation. After the evaluation and during the period of | 7 | | time required to determine the appropriate placement, the | 8 | | accused shall remain in confinement. Individualized | 9 | | placement evaluations performed by the Department of Human | 10 | | Services shall be used to determine the most appropriate | 11 | | setting for forensic treatment based upon a number of | 12 | | factors including mental health diagnosis, proximity to | 13 | | surviving victims, security need, age, gender, and | 14 | | proximity to family. Upon completion of the placement | 15 | | process, the sheriff shall be notified and shall transport | 16 | | the accused to the designated facility. | 17 | | Section 15. The State Guard Act is amended by changing and | 18 | | renumbering Section 0.01 and by adding Sections 1-1, 1-5, 1-10, | 19 | | 2-5, 3-5, 3-10, 4-5, 4-10, 5-5, 5-10, 5-15, and 6-5 and the | 20 | | headings of Part I, Part II, Part III, Part IV, Part V, and | 21 | | Part VI as follows: | 22 | | (20 ILCS 1815/Pt. I heading new) | 23 | | PART I
| 24 | | GENERAL PROVISIONS
|
| | | HB3040 Enrolled | - 12 - | LRB100 10666 KTG 20890 b |
|
| 1 | | (20 ILCS 1815/0.01) (from Ch. 129, par. 228h)
| 2 | | Sec. 1-1 0.01 . Short title. This Act may be cited as the
| 3 | | Illinois State Guard Act.
| 4 | | (Source: P.A. 86-1324.)
| 5 | | (20 ILCS 1815/1-5 new) | 6 | | Sec. 1-5. Establishment and purpose. | 7 | | (a) This Act establishes the Illinois State Guard ("the | 8 | | State Guard"). The State Guard is the State's non-federally | 9 | | recognized military force which may be composed of members of | 10 | | the Unorganized Militia who are 18 through 45 years of age, and | 11 | | those persons who are 45 through 65 years of age as determined | 12 | | necessary by the Governor. | 13 | | (b) The Governor is the Commander-in-Chief of the State | 14 | | Guard. The Adjutant General is the Commander of the State | 15 | | Guard. As directed by the Adjutant General, the Department of | 16 | | Military Affairs shall administer the State Guard. | 17 | | (c) The purpose of the State Guard is to provide the State | 18 | | a capable military force when all or part of the Illinois | 19 | | National Guard is not available for State service due to its | 20 | | possible or actual mobilization into federal service by the | 21 | | President of the United States. | 22 | | (20 ILCS 1815/1-10 new) | 23 | | Sec. 1-10. Activation of the State Guard. |
| | | HB3040 Enrolled | - 13 - | LRB100 10666 KTG 20890 b |
|
| 1 | | (a) Whenever the Commander-in-Chief deems it necessary or | 2 | | advisable for the purpose of
executing the laws of the State or | 3 | | to prevent an actual or threatened violation of law; when
the | 4 | | nation is at war and a requisition or order has been made, or | 5 | | is likely to be made, by the
President of the United States | 6 | | calling the National Guard, or parts thereof, into the National
| 7 | | service; or for any other emergency, he or she may issue a | 8 | | proclamation calling for volunteers to serve in the State | 9 | | Guard. Persons who answer the call and who are appointed or | 10 | | enlisted in the State Guard shall serve in State Active Duty | 11 | | status. | 12 | | (b) The proclamation shall state the number of volunteers | 13 | | needed and the period of State Active Duty during which they | 14 | | are called to serve. The Commander-in-Chief may terminate or | 15 | | extend any such proclamation at any time he or she determines | 16 | | appropriate and in the best interests of the State. | 17 | | (c) When mobilized and deployed to support civil | 18 | | authorities, the State Guard may be directed by civil | 19 | | authorities as to work to be done or the result to be attained, | 20 | | but not as to the method to be employed. At all times, State | 21 | | Guard units and members shall remain under the command and | 22 | | control of the Commander-in-Chief, the Adjutant General, and | 23 | | such subordinate commanders as the Adjutant General may | 24 | | appoint. | 25 | | (20 ILCS 1815/Pt. II heading new) |
| | | HB3040 Enrolled | - 14 - | LRB100 10666 KTG 20890 b |
|
| 1 | | PART II
| 2 | | ORGANIZATION OF THE STATE GUARD | 3 | | (20 ILCS 1815/2-5 new) | 4 | | Sec. 2-5. Organization. | 5 | | (a) As authorized by the Commander-in-Chief, the Adjutant | 6 | | General may by order establish units of the State Army and Air | 7 | | Guard that are similar in nature and in general conformity to | 8 | | those of the United States Army and Air Force and may assign | 9 | | State Guard personnel to each unit. Upon expiration or | 10 | | termination of the proclamation issued in accordance with | 11 | | Section 1-10 of this Act, the Commander-in-Chief may discharge | 12 | | such units and personnel assigned thereto. | 13 | | (b) The State Guard shall consist of 2 components: the | 14 | | State Army Guard and the State Air Guard. The Adjutant General | 15 | | may appoint the Assistant Adjutant General for Army as the | 16 | | Commander of the State Army Guard and the Assistant Adjutant | 17 | | General for Air as the Commander of the State Air Guard, | 18 | | respectively. The Adjutant General may also appoint such other | 19 | | subordinate commanders and staff of the State Guard as he or | 20 | | she determines appropriate. | 21 | | (20 ILCS 1815/Pt. III heading new) | 22 | | PART III
| 23 | | PERSONNEL AND PAY |
| | | HB3040 Enrolled | - 15 - | LRB100 10666 KTG 20890 b |
|
| 1 | | (20 ILCS 1815/3-5 new) | 2 | | Sec. 3-5. Personnel. | 3 | | (a) The State Guard shall be comprised of commissioned | 4 | | officers, warrant officers, and enlisted personnel in grades | 5 | | conforming to those of the United States Army and Air Force. | 6 | | The Adjutant General shall establish by regulation the | 7 | | qualifications for appointment, enlistment, service, and | 8 | | promotion in the State Guard including, but not limited to, | 9 | | minimum and maximum age, education, physical condition, and | 10 | | personal conduct. | 11 | | (b) The Governor shall appoint all commissioned and warrant | 12 | | officers of the State Guard in a manner similar to appointments | 13 | | made in the Illinois National Guard. Officers shall take the | 14 | | following oath as a condition of appointment: "I do solemnly | 15 | | swear (or affirm) that I will bear true allegiance to the | 16 | | Constitution of the United States and to the Constitution of | 17 | | the State of Illinois, and to the laws thereof, and that I will | 18 | | faithfully obey the orders of the Commander-in-Chief and the | 19 | | officers appointed above me, and the rules and regulations of | 20 | | the Illinois State Guard. (So help me God.)" Appointments in | 21 | | the State Guard shall be for an indefinite term and subject to | 22 | | death, resignation, discharge, retirement, or termination in | 23 | | accordance with State law and regulation. | 24 | | (c) Persons accepted for enlistment in the State Guard | 25 | | shall, as a condition of enlistment, take the same oath as | 26 | | officers. The Adjutant General shall prescribe by regulation |
| | | HB3040 Enrolled | - 16 - | LRB100 10666 KTG 20890 b |
|
| 1 | | the form of enlistment contracts. Original terms of enlistment | 2 | | shall be limited to 2 years. Re-enlistment terms shall be | 3 | | limited to one year. | 4 | | (d) In accordance with regulations prescribed by the | 5 | | Adjutant General, upon an officer's separation from the State | 6 | | Guard, the Adjutant General shall characterize the officer's | 7 | | service as honorable, general (under honorable conditions), or | 8 | | under conditions other than honorable using criteria that are | 9 | | in general conformity with those regulations or instructions of | 10 | | the United States Army and Air Force that are applicable to the | 11 | | National Guard, unless the officer was separated with a | 12 | | punitive discharge under the Illinois Code of Military Justice. | 13 | | (e) The Adjutant General may mobilize on State Active Duty | 14 | | members of the Illinois National Guard as he or she determines | 15 | | necessary to administer, train, or command the State Guard. | 16 | | (20 ILCS 1815/3-10 new) | 17 | | Sec. 3-10. Pay and allowances. | 18 | | (a) The State is responsible for all pay and allowances of | 19 | | members of the State Guard. | 20 | | (b) Members of the State Guard serving on State Active Duty | 21 | | shall receive the same pay as provided to members of the | 22 | | Illinois National Guard of like grade and longevity under | 23 | | Sections 48 and 49 of the Military Code of Illinois. | 24 | | (c) Members of the State Guard serving on State Active Duty | 25 | | shall be considered State employees for civil liability and |
| | | HB3040 Enrolled | - 17 - | LRB100 10666 KTG 20890 b |
|
| 1 | | civil representation purposes to the same degree and extent as | 2 | | members of the Illinois National Guard under Section 1 of the | 3 | | State Employee Indemnification Act. | 4 | | (d) Members of the State Guard criminally prosecuted by | 5 | | civil authorities of the United States, any State, | 6 | | Commonwealth, Territory, or District of the United States, | 7 | | including the State of Illinois or any political subdivision | 8 | | thereof, shall be entitled to representation and | 9 | | indemnification to the same extent as members of the Illinois | 10 | | National Guard under Section 90 of the Military Code of | 11 | | Illinois. | 12 | | (20 ILCS 1815/Pt. IV heading new) | 13 | | PART IV
| 14 | | EQUIPPING AND UNIFORMS | 15 | | (20 ILCS 1815/4-5 new) | 16 | | Sec. 4-5. Equipping. | 17 | | (a) As permitted by federal law and regulation, the State | 18 | | Guard may use the federal military property and personnel of | 19 | | the Illinois National Guard and shall reimburse the appropriate | 20 | | federal authority for such use from State funds. | 21 | | (b) The State Guard may use federal property of the | 22 | | Illinois National Guard only to the extent that its members are | 23 | | trained to use it properly and safely and, if necessary, under | 24 | | the training and supervision of members of the Illinois |
| | | HB3040 Enrolled | - 18 - | LRB100 10666 KTG 20890 b |
|
| 1 | | National Guard detailed by the Adjutant General. | 2 | | (c) In accordance with the Illinois Procurement Code, the | 3 | | State may, at its expense and subject to the availability of | 4 | | State funds, procure and provide such other materials, as | 5 | | needed, for the State Guard. | 6 | | (d) State Guard commanders shall be held responsible and | 7 | | accountable for all military property issued to them in a | 8 | | manner similar to that enforced against commanders of the | 9 | | Illinois National Guard under property accountability | 10 | | regulations or
instructions of the United States Army and Air | 11 | | Force. | 12 | | (e) In accordance with regulations prescribed by the | 13 | | Adjutant General, members of the State Guard shall be held | 14 | | responsible and may be held financially liable for any damage, | 15 | | destruction, or loss, including loss of accountability, of | 16 | | military property under their control in a manner similar to | 17 | | that enforced against members of the Illinois National Guard | 18 | | under applicable regulations or instructions of the United | 19 | | States Army and Air Force. | 20 | | (20 ILCS 1815/4-10 new) | 21 | | Sec. 4-10. Uniforms. | 22 | | (a) Uniforms for the State Guard shall be in general | 23 | | conformity with those of the Illinois National Guard, except | 24 | | that members of the State Guard shall wear the designation "IL" | 25 | | on their class A/service dress and the designation "Illinois |
| | | HB3040 Enrolled | - 19 - | LRB100 10666 KTG 20890 b |
|
| 1 | | State Army Guard", "Illinois State Air Guard", or "Illinois" on | 2 | | their class C/utility uniforms. | 3 | | (b) Officers shall pay for their uniforms. Enlisted members | 4 | | shall be issued uniforms in accordance with regulations | 5 | | prescribed by the Adjutant General and subject to the | 6 | | availability of State funds. | 7 | | (c) Officer and enlisted rank insignia shall be in | 8 | | conformity with those of the Illinois National Guard. | 9 | | (20 ILCS 1815/Pt. V heading new) | 10 | | PART V
| 11 | | DISCIPLINE | 12 | | (20 ILCS 1815/5-5 new) | 13 | | Sec. 5-5. Military justice. While serving on State Active | 14 | | Duty, members of the State Guard shall be subject to the | 15 | | provisions of the Illinois Code of Military Justice. | 16 | | (20 ILCS 1815/5-10 new) | 17 | | Sec. 5-10. Terminating appointments. The Adjutant General | 18 | | may prescribe, by regulation, administrative procedures for | 19 | | terminating the appointment of any commissioned or warrant | 20 | | officer for cause that are similar to those procedures which | 21 | | apply to members of the Illinois National Guard, except that | 22 | | any administrative procedures prescribed by the Adjutant | 23 | | General under this Section shall provide that no officer is |
| | | HB3040 Enrolled | - 20 - | LRB100 10666 KTG 20890 b |
|
| 1 | | entitled to present his or her case to a board of officers | 2 | | unless the officer has at least 6 years of total military | 3 | | service in the State Guard at the time the termination action | 4 | | was initiated. Such administrative procedures shall require | 5 | | the Adjutant General to characterize the officer's service as | 6 | | honorable, general (under honorable conditions), or under | 7 | | other than honorable conditions; however, in no case may the | 8 | | Adjutant General characterize an officer's service as other | 9 | | than honorable unless the officer is afforded the right to | 10 | | present his or her case to a board of officers. | 11 | | (20 ILCS 1815/5-15 new) | 12 | | Sec. 5-15. Involuntary separation. The Adjutant General | 13 | | may prescribe, by regulation, administrative procedures to | 14 | | involuntarily separate any enlisted member from the State Guard | 15 | | for cause that are similar to those procedures which apply to | 16 | | members of the Illinois National Guard, except that any | 17 | | administrative procedures prescribed by the Adjutant General | 18 | | under this Section shall provide that no enlisted person is | 19 | | entitled to present his or her case to a board of officers | 20 | | unless the enlisted person has at least 6 years of total | 21 | | military service in the State Guard at the time the separation | 22 | | action was initiated. Such administrative procedures shall | 23 | | require the Adjutant General to characterize the enlisted | 24 | | member's service as honorable, general (under honorable | 25 | | conditions), or under other than honorable conditions; |
| | | HB3040 Enrolled | - 21 - | LRB100 10666 KTG 20890 b |
|
| 1 | | however, in no case may the Adjutant General characterize an | 2 | | enlisted member's service as other than honorable unless the | 3 | | enlisted member is afforded the right to present his or her | 4 | | case to a board of officers. | 5 | | (20 ILCS 1815/Pt. VI heading new) | 6 | | PART VI
| 7 | | REGULATIONS | 8 | | (20 ILCS 1815/6-5 new) | 9 | | Sec. 6-5. Regulations. Regulations authorized under this | 10 | | Act shall not be subject to the Illinois Administrative | 11 | | Procedure Act and shall become effective upon approval by the | 12 | | Adjutant General.
| 13 | | (20 ILCS 1815/1 rep.)
| 14 | | (20 ILCS 1815/2 rep.)
| 15 | | (20 ILCS 1815/3 rep.)
| 16 | | (20 ILCS 1815/4 rep.)
| 17 | | (20 ILCS 1815/5 rep.)
| 18 | | (20 ILCS 1815/6 rep.)
| 19 | | (20 ILCS 1815/7 rep.)
| 20 | | (20 ILCS 1815/8 rep.)
| 21 | | (20 ILCS 1815/9 rep.)
| 22 | | (20 ILCS 1815/10 rep.)
| 23 | | (20 ILCS 1815/11 rep.)
|
| | | HB3040 Enrolled | - 22 - | LRB100 10666 KTG 20890 b |
|
| 1 | | (20 ILCS 1815/12 rep.)
| 2 | | (20 ILCS 1815/13 rep.)
| 3 | | (20 ILCS 1815/14 rep.)
| 4 | | (20 ILCS 1815/15 rep.)
| 5 | | (20 ILCS 1815/16 rep.)
| 6 | | (20 ILCS 1815/17 rep.)
| 7 | | (20 ILCS 1815/18 rep.)
| 8 | | (20 ILCS 1815/19 rep.)
| 9 | | (20 ILCS 1815/20 rep.)
| 10 | | (20 ILCS 1815/21 rep.)
| 11 | | (20 ILCS 1815/22 rep.)
| 12 | | (20 ILCS 1815/23 rep.)
| 13 | | (20 ILCS 1815/24 rep.)
| 14 | | (20 ILCS 1815/25 rep.)
| 15 | | (20 ILCS 1815/26 rep.)
| 16 | | (20 ILCS 1815/27 rep.)
| 17 | | (20 ILCS 1815/28 rep.)
| 18 | | (20 ILCS 1815/29 rep.)
| 19 | | (20 ILCS 1815/30 rep.)
| 20 | | (20 ILCS 1815/31 rep.)
| 21 | | (20 ILCS 1815/32 rep.)
| 22 | | (20 ILCS 1815/33 rep.)
| 23 | | (20 ILCS 1815/34 rep.)
| 24 | | (20 ILCS 1815/35 rep.)
| 25 | | (20 ILCS 1815/36 rep.)
| 26 | | (20 ILCS 1815/37 rep.)
|
| | | HB3040 Enrolled | - 23 - | LRB100 10666 KTG 20890 b |
|
| 1 | | (20 ILCS 1815/38 rep.)
| 2 | | (20 ILCS 1815/39 rep.)
| 3 | | (20 ILCS 1815/40 rep.)
| 4 | | (20 ILCS 1815/41 rep.)
| 5 | | (20 ILCS 1815/42 rep.)
| 6 | | (20 ILCS 1815/43 rep.)
| 7 | | (20 ILCS 1815/44 rep.)
| 8 | | (20 ILCS 1815/45 rep.)
| 9 | | (20 ILCS 1815/46 rep.)
| 10 | | (20 ILCS 1815/47 rep.)
| 11 | | (20 ILCS 1815/48 rep.)
| 12 | | (20 ILCS 1815/49 rep.)
| 13 | | (20 ILCS 1815/50 rep.)
| 14 | | (20 ILCS 1815/51 rep.)
| 15 | | (20 ILCS 1815/52 rep.)
| 16 | | (20 ILCS 1815/53 rep.)
| 17 | | (20 ILCS 1815/54 rep.)
| 18 | | (20 ILCS 1815/55 rep.)
| 19 | | (20 ILCS 1815/56 rep.)
| 20 | | (20 ILCS 1815/57 rep.)
| 21 | | (20 ILCS 1815/58 rep.)
| 22 | | (20 ILCS 1815/59 rep.)
| 23 | | (20 ILCS 1815/60 rep.)
| 24 | | (20 ILCS 1815/61 rep.)
| 25 | | (20 ILCS 1815/62 rep.)
| 26 | | (20 ILCS 1815/63 rep.)
|
| | | HB3040 Enrolled | - 24 - | LRB100 10666 KTG 20890 b |
|
| 1 | | (20 ILCS 1815/64 rep.)
| 2 | | (20 ILCS 1815/65 rep.)
| 3 | | (20 ILCS 1815/66 rep.)
| 4 | | (20 ILCS 1815/67 rep.)
| 5 | | (20 ILCS 1815/68 rep.)
| 6 | | (20 ILCS 1815/69 rep.)
| 7 | | (20 ILCS 1815/70 rep.)
| 8 | | (20 ILCS 1815/71 rep.)
| 9 | | (20 ILCS 1815/72 rep.)
| 10 | | (20 ILCS 1815/73 rep.)
| 11 | | (20 ILCS 1815/74 rep.)
| 12 | | (20 ILCS 1815/75 rep.)
| 13 | | (20 ILCS 1815/76 rep.)
| 14 | | (20 ILCS 1815/77 rep.)
| 15 | | (20 ILCS 1815/78 rep.)
| 16 | | (20 ILCS 1815/79 rep.)
| 17 | | (20 ILCS 1815/80 rep.)
| 18 | | (20 ILCS 1815/81 rep.)
| 19 | | (20 ILCS 1815/82 rep.)
| 20 | | Section 20. The State Guard Act is amended by repealing | 21 | | Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, | 22 | | 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, | 23 | | 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, | 24 | | 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, | 25 | | 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, | 26 | | 81, and 82. |
| | | HB3040 Enrolled | - 25 - | LRB100 10666 KTG 20890 b |
|
| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
| | | | HB3040 Enrolled | - 26 - | LRB100 10666 KTG 20890 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 100/1-20 | from Ch. 127, par. 1001-20 | | 4 | | 5 ILCS 350/1 | from Ch. 127, par. 1301 | | 5 | | 20 ILCS 1805/21 | from Ch. 129, par. 220.21 | | 6 | | 20 ILCS 1807/76b new | | | 7 | | 20 ILCS 1815/Pt. I heading | 8 | | new | | | 9 | | 20 ILCS 1815/0.01 | from Ch. 129, par. 228h | | 10 | | 20 ILCS 1815/1-5 new | | | 11 | | 20 ILCS 1815/1-10 new | | | 12 | | 20 ILCS 1815/Pt. II | 13 | | heading new | | | 14 | | 20 ILCS 1815/2-5 new | | | 15 | | 20 ILCS 1815/Pt. III | 16 | | heading new | | | 17 | | 20 ILCS 1815/3-5 new | | | 18 | | 20 ILCS 1815/3-10 new | | | 19 | | 20 ILCS 1815/Pt. IV | 20 | | heading new | | | 21 | | 20 ILCS 1815/4-5 new | | | 22 | | 20 ILCS 1815/4-10 new | | | 23 | | 20 ILCS 1815/Pt. V heading | 24 | | new | | | 25 | | 20 ILCS 1815/5-5 new | | |
| | | HB3040 Enrolled | - 27 - | LRB100 10666 KTG 20890 b |
|
| 1 | | 20 ILCS 1815/5-10 new | | | 2 | | 20 ILCS 1815/5-15 new | | | 3 | | 20 ILCS 1815/Pt. VI | 4 | | heading new | | | 5 | | 20 ILCS 1815/6-5 new | | | 6 | | 20 ILCS 1815/1 rep. | | | 7 | | 20 ILCS 1815/2 rep. | | | 8 | | 20 ILCS 1815/3 rep. | | | 9 | | 20 ILCS 1815/4 rep. | | | 10 | | 20 ILCS 1815/5 rep. | | | 11 | | 20 ILCS 1815/6 rep. | | | 12 | | 20 ILCS 1815/7 rep. | | | 13 | | 20 ILCS 1815/8 rep. | | | 14 | | 20 ILCS 1815/9 rep. | | | 15 | | 20 ILCS 1815/10 rep. | | | 16 | | 20 ILCS 1815/11 rep. | | | 17 | | 20 ILCS 1815/12 rep. | | | 18 | | 20 ILCS 1815/13 rep. | | | 19 | | 20 ILCS 1815/14 rep. | | | 20 | | 20 ILCS 1815/15 rep. | | | 21 | | 20 ILCS 1815/16 rep. | | | 22 | | 20 ILCS 1815/17 rep. | | | 23 | | 20 ILCS 1815/18 rep. | | | 24 | | 20 ILCS 1815/19 rep. | | | 25 | | 20 ILCS 1815/20 rep. | | | 26 | | 20 ILCS 1815/21 rep. | | |
| | | HB3040 Enrolled | - 28 - | LRB100 10666 KTG 20890 b |
|
| 1 | | 20 ILCS 1815/22 rep. | | | 2 | | 20 ILCS 1815/23 rep. | | | 3 | | 20 ILCS 1815/24 rep. | | | 4 | | 20 ILCS 1815/25 rep. | | | 5 | | 20 ILCS 1815/26 rep. | | | 6 | | 20 ILCS 1815/27 rep. | | | 7 | | 20 ILCS 1815/28 rep. | | | 8 | | 20 ILCS 1815/29 rep. | | | 9 | | 20 ILCS 1815/30 rep. | | | 10 | | 20 ILCS 1815/31 rep. | | | 11 | | 20 ILCS 1815/32 rep. | | | 12 | | 20 ILCS 1815/33 rep. | | | 13 | | 20 ILCS 1815/34 rep. | | | 14 | | 20 ILCS 1815/35 rep. | | | 15 | | 20 ILCS 1815/36 rep. | | | 16 | | 20 ILCS 1815/37 rep. | | | 17 | | 20 ILCS 1815/38 rep. | | | 18 | | 20 ILCS 1815/39 rep. | | | 19 | | 20 ILCS 1815/40 rep. | | | 20 | | 20 ILCS 1815/41 rep. | | | 21 | | 20 ILCS 1815/42 rep. | | | 22 | | 20 ILCS 1815/43 rep. | | | 23 | | 20 ILCS 1815/44 rep. | | | 24 | | 20 ILCS 1815/45 rep. | | | 25 | | 20 ILCS 1815/46 rep. | | | 26 | | 20 ILCS 1815/47 rep. | | |
| | | HB3040 Enrolled | - 29 - | LRB100 10666 KTG 20890 b |
|
| 1 | | 20 ILCS 1815/48 rep. | | | 2 | | 20 ILCS 1815/49 rep. | | | 3 | | 20 ILCS 1815/50 rep. | | | 4 | | 20 ILCS 1815/51 rep. | | | 5 | | 20 ILCS 1815/52 rep. | | | 6 | | 20 ILCS 1815/53 rep. | | | 7 | | 20 ILCS 1815/54 rep. | | | 8 | | 20 ILCS 1815/55 rep. | | | 9 | | 20 ILCS 1815/56 rep. | | | 10 | | 20 ILCS 1815/57 rep. | | | 11 | | 20 ILCS 1815/58 rep. | | | 12 | | 20 ILCS 1815/59 rep. | | | 13 | | 20 ILCS 1815/60 rep. | | | 14 | | 20 ILCS 1815/61 rep. | | | 15 | | 20 ILCS 1815/62 rep. | | | 16 | | 20 ILCS 1815/63 rep. | | | 17 | | 20 ILCS 1815/64 rep. | | | 18 | | 20 ILCS 1815/65 rep. | | | 19 | | 20 ILCS 1815/66 rep. | | | 20 | | 20 ILCS 1815/67 rep. | | | 21 | | 20 ILCS 1815/68 rep. | | | 22 | | 20 ILCS 1815/69 rep. | | | 23 | | 20 ILCS 1815/70 rep. | | | 24 | | 20 ILCS 1815/71 rep. | | | 25 | | 20 ILCS 1815/72 rep. | | | 26 | | 20 ILCS 1815/73 rep. | | |
| | | HB3040 Enrolled | - 30 - | LRB100 10666 KTG 20890 b |
|
| 1 | | 20 ILCS 1815/74 rep. | | | 2 | | 20 ILCS 1815/75 rep. | | | 3 | | 20 ILCS 1815/76 rep. | | | 4 | | 20 ILCS 1815/77 rep. | | | 5 | | 20 ILCS 1815/78 rep. | | | 6 | | 20 ILCS 1815/79 rep. | | | 7 | | 20 ILCS 1815/80 rep. | | | 8 | | 20 ILCS 1815/81 rep. | | | 9 | | 20 ILCS 1815/82 rep. | |
| |
|