2005 Illinois 20 ILCS 1805/ Military Code of Illinois. Article XV - Courts-Martial
(20 ILCS 1805/Art. XV heading)
ARTICLE XV.
COURTS‑MARTIAL
(20 ILCS 1805/69) (from Ch. 129, par. 220.69)
Sec. 69.
The Courts‑Martial for the Illinois National Guard shall be:
(a) General courts‑martial.
(b) Special courts‑martial.
(c) Summary courts‑martial.
(Source: P.A. 85‑1241.)
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(20 ILCS 1805/70) (from Ch. 129, par. 220.70)
Sec. 70.
The courts‑martial shall be constituted in the same manner, have
cognizance of the same subjects and possess like powers except as to
punishment, as similar courts‑martial provided for by the laws of the
United States. The proceedings of the courts‑martial shall follow the forms
and modes of procedure as nearly as practicable as are prescribed for like
courts organized under laws of the United States and the rules and
regulations based thereon.
(Source: Laws 1957, p. 2141.)
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(20 ILCS 1805/71) (from Ch. 129, par. 220.71)
Sec. 71.
General courts‑martial shall be convened by order of the Governor
and such courts shall have power to:
(a) Impose fines not to exceed $500.00; sentence to confinement in a
military guardhouse or in the county jail of the county in which the
immediate organization of the accused is permanently located, not to exceed
six months; sentence to forfeiture of pay and allowances; reprimand;
sentence to dismissal or dishonorable discharge from the service; or to
reduction of non‑commissioned officers to the ranks. Any two or more of
such punishments may be combined in the sentence authorized to be imposed
by such courts.
(b) To impose a sentence of the same kind and degree as is provided by
the criminal code of the State of Illinois upon conviction of the following
offenses committed while the individual is in the active service of the
State of Illinois: larceny, robbery, burglary, arson, mayhem, second
degree murder,
first degree murder, aggravated criminal sexual assault,
predatory criminal sexual assault of a child,
criminal
sexual assault,
assault and battery with intent to kill, or wounding by
shooting or stabbing with intent to commit first degree murder; but
should any member of
the Illinois National Guard while in the
discharge of duty on active service in pursuance of orders from a superior
authority, take life or injure any person or persons or property in such
discharge of duty, the act or acts upon the part of such enlisted
personnel, warrant officer or commissioned officer shall be deemed to be
justifiable and lawful and they shall not be prosecuted therefor in any
court or incur any civil liability by reason thereof.
(Source: P.A. 89‑428, eff. 12‑13‑95; 89‑462, eff. 5‑29‑96.)
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(20 ILCS 1805/72) (from Ch. 129, par. 220.72)
Sec. 72.
When not in the active service of the United States the commanding
officer of each garrison, fort, post, camp or other place, division,
brigade, group, regiment or separate battalion may appoint special
courts‑martial for his command; but, such special courts‑martial may, in
any case, be appointed by superior authority when by the latter deemed
advisable. Special courts‑martial may try any person subject to military
law for any crime or offense made punishable by the military laws of the
United States or of the State of Illinois, and such special courts‑martial
shall have the same powers of punishment as do general courts‑martial
except that fines imposed by such special courts‑martial shall not exceed
$100.00 and confinement shall not exceed three months.
(Source: Laws 1957, p. 2141.)
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(20 ILCS 1805/73) (from Ch. 129, par. 220.73)
Sec. 73.
When not in active service of the United States the commanding
officer of each garrison, fort, post or other place, regiment, group,
separate battalion, company or similar type unit, may appoint for such
place or command a summary court to consist of one officer who may
administer oaths and try the enlisted personnel of such place or command
for breaches of discipline and other minor offenses, and said court when
satisfied of the guilt of such personnel may impose one or more of the
following punishments: Reprimand, a fine not to exceed twenty‑five dollars,
or in default of payment after approval; imprisonment not to exceed five
days in a military guardhouse or in the county jail of the county in which
the immediate organization of the accused is permanently located;
forfeiture of the whole or part of pay.
(Source: Laws 1957, p. 2141.)
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(20 ILCS 1805/74) (from Ch. 129, par. 220.74)
Sec. 74.
In trials by general and special courts‑martial the accused shall
be entitled to be represented by own employed counsel or by a suitable
officer of the Illinois National Guard, to be
designated by said court, or detailed by the officer convening the same, at
the request of the accused.
All proceedings of courts‑martial shall be forwarded to and receive
approval of the officer ordering the same before sentence shall go into
effect, and such officer may remit, mitigate or commute such sentence. No
sentence of dismissal or of dishonorable discharge, or the reduction to the
ranks of enlisted personnel, or which includes a fine of more than $100.00,
or imprisonment for more than thirty days, shall take effect without the
approval of the Commander‑in‑Chief.
In any trial by a general courts‑martial or a special courts‑martial,
the State's Attorney of the county where the offense is alleged to have
been committed, or his representative, shall have the same right to be
present at all sessions of any such courts‑martial as the judge advocate of
the court and to produce evidence and to examine and cross‑examine all
witnesses.
(Source: P.A. 85‑1241.)
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(20 ILCS 1805/75) (from Ch. 129, par. 220.75)
Sec. 75.
Witnesses for the prosecution or defense may be summoned to attend by
subpoena signed by the judge advocate. Any witness, duly summoned, who
fails to appear and testify, may be arrested on warrant of the president of
the court, directed to the sheriff, and treated as in like cases before
civil courts. The fees of all witnesses and the fees of a court reporter
shall be the same as allowed in civil cases, and shall be added to the
necessary expenses of the judge advocate and the court by the president
thereof. The State Comptroller is hereby authorized and directed to issue
his warrant for the payment of the above fees and expenses, the same to be
approved by The Adjutant General. All such sums so certified and approved
shall be payable from appropriated funds.
(Source: P. A. 78‑592.)
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(20 ILCS 1805/76) (from Ch. 129, par. 220.76)
Sec. 76.
All or any fines assessed by courts‑martial may be charged against
any drill, training pay or other credit due to the person so fined, so far
as such credit suffices to pay the same, and any balance still due may be
collected as in Section 77 of this Article.
(Source: Laws 1957, p. 2141.)
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(20 ILCS 1805/77) (from Ch. 129, par. 220.77)
Sec. 77.
Whenever the sentence of a general or special courts‑martial
includes a fine and such sentence has been approved by the officer
ordering such court, The Adjutant General shall issue a warrant for the
collection of such fines, directed to the sheriff of
the county wherein the person against whom such fine is imposed resides,
and the sheriff shall collect such fine in the same
manner as the sheriff is
authorized to collect on judgments for the payment of money
in civil actions, and the sheriff shall make return
within 20 days after receiving the same to The Adjutant General. In
default of the payment of such fine or if the officer executing such
warrant certifies that there is no property of the defendant out of
which to satisfy such warrant, The Adjutant General shall issue a
warrant of commitment, directed to such sheriff, who shall
forthwith arrest such delinquent, convey him or her to the
common jail of such county and make return thereof to The Adjutant
General.
The warrant of commitment for such default shall specify the amount
in dollars of the fine, and the delinquent shall remain in the custody
of the keeper or warden of such common jail one day for each five
dollars of the fine unpaid.
Warrants for the collections of fines imposed by summary courts and
warrants for commitment for non‑payment thereof shall be issued by the
officer appointing such summary court.
(Source: P.A. 83‑341.)
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(20 ILCS 1805/78) (from Ch. 129, par. 220.78)
Sec. 78.
Whenever the sentence of a general or special courts‑martial is or
includes imprisonment in a county jail, or in a State penal institution,
and such sentence has been approved by the officer ordering such court, The
Adjutant General shall issue a warrant of commitment, directed to the
sheriff of the county wherein the defendant resides, who shall forthwith
take the body of such defendant, convey him or her to the county jail or
State penal institution mentioned in said warrant and make return thereof
to The Adjutant General.
All such warrants of commitment shall be accompanied by a copy of the
finding of the court, as approved by the officer ordering the same,
certified as a true copy by The Adjutant General, and the same shall be
sufficient authority to the sheriff of the county or the warden of the
penitentiary to imprison the convicted person.
If the sentence is or includes imprisonment in a military guardhouse,
such sentence shall be executed by order of the officer approving such
sentence.
(Source: Laws 1957, p. 2141.)
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(20 ILCS 1805/79) (from Ch. 129, par. 220.79)
Sec. 79.
It shall be the duty of the keepers and wardens of all
county jails to receive and confine all military offenders, when
delivered by the sheriff under warrant or commitment, for
and during the term of sentence set forth in such commitment or for one
day for each five dollars in any fine so defaulted in payment.
(Source: P.A. 83‑341.)
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(20 ILCS 1805/80) (from Ch. 129, par. 220.80)
Sec. 80.
All fines levied and collected under the provisions of this
Article shall be paid to the Treasurer of the State.
(Source: Laws 1957, p. 2141.)
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(20 ILCS 1805/81) (from Ch. 129, par. 220.81)
Sec. 81.
For each day's duty, as a member of a general or special
courts‑martial, or as a witness or a defendant under summons from the
president or judge advocate of a courts‑martial, officers, warrant
officers, and enlisted personnel shall be paid as provided in Sections 48
and 49 of Article XI hereof.
(Source: Laws 1957, p. 2141.)
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(20 ILCS 1805/82) (from Ch. 129, par. 220.82)
Sec. 82.
Judge advocates of general and special courts‑martial and summary
court officers are empowered to administer oaths to witnesses before such
courts and to take such depositions as may be required for use in military
trials. Such officers and all adjutants are empowered to take
acknowledgments and oaths to affidavits pertaining to the loss or damage to
property, to applications for discharge, and in general to any military
documents or business which would otherwise require the action of a civil
officer authorized by law to take acknowledgments. Such oaths, affidavits
and acknowledgments shall have the same legal force and effect as if taken
by a civil officer now authorized by law to take acknowledgments.
Depositions of witnesses residing outside the State of Illinois may be
taken before any civil officer authorized by law to take the same, upon
reasonable notice given. Such depositions may be either upon oral or
written interrogatories.
Oaths of office to any military in the service of this
State may be administered by any commissioned officer thereof.
The presiding officer, or recorder, of any military board duly appointed
to conduct any investigation or inquiry, or an officer detailed for such
purpose may likewise administer oaths to any witness attending to testify
in such investigation or inquiry.
(Source: P.A. 85‑1241.)
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