2005 Illinois 20 ILCS 1805/ Military Code of Illinois. Article XVII - General Provisions
(20 ILCS 1805/Art. XVII heading)
ARTICLE XVII.
GENERAL PROVISIONS
(20 ILCS 1805/92) (from Ch. 129, par. 220.92)
Sec. 92.
The proceedings, recommendations and findings of any board
convened by order of the Commander‑in‑Chief, under provisions of this act,
shall be confidential and publication of any such findings or
recommendations shall be made only by and through the Commander‑in‑Chief or
his Chief of Staff. Any officer or member of such board, who without
authority communicates information pertaining to the proceedings,
recommendations or findings to any person or agency other than as herein
provided shall be punished as a court‑martial may direct.
(Source: Laws 1957, p. 2141.)
|
(20 ILCS 1805/92.1) (from Ch. 129, par. 220.92‑1)
Sec. 92.1.
All civilian employees of the Army National Guard and Air
National Guard under the jurisdiction of the Adjutant General are eligible
for membership in the employee retirement, disability or death benefit
system, and the group health insurance program negotiated for and provided
on their behalf by the Adjutant General pursuant to Section 24.1 of this
Act.
(Source: Laws 1965, p. 2574.)
|
(20 ILCS 1805/93) (from Ch. 129, par. 220.93)
Sec. 93.
No part of the land forces shall leave the State with
arms and equipment without the consent of the Commander‑in‑Chief.
(Source: P.A. 85‑1241.)
|
(20 ILCS 1805/94) (from Ch. 129, par. 220.94)
Sec. 94.
It is unlawful for any body of men or women, other than the
regularly organized militia of this State, troops of the United States,
Grand Army posts, camps of the Sons of Veterans or organizations of
veterans of the Spanish‑American War, Philippine Insurrection, World War I,
World War II, or any future wars, dedicated to the welfare of the State and
nation, to associate themselves together as a military company or
organization, to drill or parade with arms in this State, except as
hereinafter authorized; but, by and with the consent of the Governor,
independent regiments, battalions or companies, organized for the purpose
of recreation or to acquire military knowledge that may better enable them
to serve the State in time of public peril, if such should arise, may
associate themselves together as a military body or organization and may
drill or parade with arms in public in this State, and students of
educational institutions, where military drill is a part of the course of
instructions, may, with the consent of the Governor, drill and parade with
arms in public under command of their military instructors. Nothing herein
contained shall be construed so as to prevent benevolent or social
organizations from wearing swords. All military organizations in and by
this Section permitted to drill and parade with arms, shall, on occasions
of public parade, be required to carry the United States flag in addition
to any private ensign which they may carry. The consent herein specified
may be withdrawn at the pleasure of the Governor.
(Source: Laws 1957, p. 2141.)
|
(20 ILCS 1805/94a) (from Ch. 129, par. 220.94a)
Sec. 94a.
(a) As used in this Section, unless the context clearly requires
otherwise:
(1) "Civil disorder" means any public disturbance |
|
involving acts of violence by assemblages of 3 or more persons which causes an immediate danger of or results in damage or injury to any real or tangible property or person.
|
|
(2) "Firearm" means any weapon which is designed to
|
|
or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon.
|
|
(3) "Explosive or incendiary device" means (A)
|
|
dynamite or any other form of high explosive, (B) any explosive bomb, grenade, missile or similar device, or (C) any incendiary bomb or grenade, fire bomb or similar device, including any device which (i) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound and (ii) can be carried or thrown by one individual acting alone.
|
|
(b) It is unlawful for any person to:
(1) Teach or demonstrate to any other person the
|
|
use, application, or making of any firearm, explosive, incendiary device or technique capable of causing injury or death to persons, knowing or having reason to know and intending that same will be unlawfully employed for use in, or in furtherance of, a civil disorder; or
|
|
(2) Assemble with one or more persons for the
|
|
purpose of training with, practicing with, or being instructed in the use of any firearm, explosive, incendiary device or technique capable of causing injury or death to persons, intending to employ unlawfully the same for use in, or in furtherance of, a civil disorder.
|
|
(c) Violation of subsection (b) of this Section is a Class 4 felony.
(d) Nothing contained in this Section makes unlawful any activity of:
(1) law enforcement officials of this or any other
|
|
jurisdiction while engaged in the lawful performance of their official duties;
|
|
(2) federal officials required to carry firearms
|
|
while engaged in the lawful performance of their official duties;
|
|
(3) members of the Armed Forces of the United States
|
|
or the National Guard while engaged in the lawful performance of their official duties;
|
|
(4) any game commission, fish commission or law
|
|
enforcement agency (or any agency licensed to provide security services), or any hunting club, rifle club, rifle range, pistol range, shooting range or other organization or entity whose primary purpose is to teach the safe handling or use of firearms, archery equipment or other weapons or techniques employed in connection with lawful sporting or other lawful activity;
|
|
(5) any assembly for public historical re‑enactment
|
|
purposes by a historic military re‑enactment group portraying events in military history presented for the purposes of public education and entertainment; provided that any participants utilize historically appropriate uniforms, weapons and accoutrements.
|
|
(Source: P.A. 86‑1370.)
|
(20 ILCS 1805/95) (from Ch. 129, par. 220.95)
Sec. 95.
Whoever offends against the provisions of the preceding Section or
belongs to, or parades with, any such unauthorized body of men or women
with arms shall be guilty of a Class B misdemeanor.
(Source: P. A. 77‑2609.)
|
(20 ILCS 1805/96) (from Ch. 129, par. 220.96)
Sec. 96.
Any filth, offal, or any putrid, or decaying matter, material or
substance of any kind, which constitutes a menace to public health or will
be offensive to the senses of human beings, on any premises, or in any
place within one half mile of any Illinois National Guard camp grounds,
rifle range, or buildings, or enclosure occupied and
used, or about to be occupied or used by the Illinois National Guard in
the service of the State or Federal Government,
or which may be called into the service of either, is declared to be a
common nuisance, and the department of Public Health is empowered to
determine whether such nuisance exists, and if found to exist, to
forthwith, in writing, order the person, firm, association, or private,
public or municipal corporation, as the case may be, to immediately abate
such nuisance; and upon failure to immediately obey such order, the
Department of Public Health shall abate such common nuisance and the
person, firm, association, or corporation responsible for such common
nuisance shall be liable for the cost and expense of such abatement in an
action therefor at the suit of the People of the State of Illinois.
Any person or persons, either individually or as officers of any
private, public or municipal corporation creating or maintaining, or
responsible for the creation or maintenance of such common nuisance, or
failing, or refusing to immediately abate the same upon the written order
of the Department of Public Health, shall be guilty of a Class C
misdemeanor.
(Source: P.A. 85‑1241.)
|
(20 ILCS 1805/97) (from Ch. 129, par. 220.97)
Sec. 97.
The commanding officer of any encampment or parade may cause those
under his command to perform any field or camp duty he requires and may put
under arrest during such encampment or parade any member of his command who
disobeys a superior officer or is guilty of disorderly or unmilitary
conduct, and any other person who trespasses on the parade or encampment
ground or in any way interrupts or molests the orderly discharge of duty by
the members of his command, and expel him from the limits of the camp or
confine him under guard if he deems it necessary, and he may prohibit the
sale of all spirituous or malt liquors within one mile of such encampment
and maintain such prohibition by force, if necessary. Nothing herein
contained shall be construed to interfere with the regular business of any
liquor dealer whose place of business was located within the limits named
before the beginning of said encampment.
(Source: Laws 1957, p. 2141.)
|
(20 ILCS 1805/98) (from Ch. 129, par. 220.98)
Sec. 98.
If any person molests, interrupts or insults, by abusive words or
behavior or obstructs any officer or soldier while on duty at any
parade or drill, he may be put immediately under guard, and kept at the
discretion of the commanding officer, until the duty, parade or drill is
concluded, and such commanding officer may turn over such person to any
sheriff or to a police officer of a county, city or town wherein such duty,
parade or drill is held, to be dealt with as the law directs.
(Source: P.A. 85‑1241.)
|
(20 ILCS 1805/99) (from Ch. 129, par. 220.99)
Sec. 99.
It is the duty of the State's Attorney of the county wherein any
person is imprisoned in pursuance of a conviction under any provision of
this Act to resist before the courts any application for habeas
corpus that may be prosecuted by such person so convicted.
(Source: P.A. 83‑346.)
|
(20 ILCS 1805/100) (from Ch. 129, par. 220.100)
Sec. 100.
A person who, either by himself or with another, wilfully
deprives a member of the Illinois National Guard,
or the reserve armed services of the United States
of his employment, or prevents his being employed by himself or another, or
obstructs or annoys a member of such organization or his employer in
respect of his trade, business or
employment because the member is
such member, or dissuades any person from enlistment in the National Guard
by threat of injury to him in case he so enlists in
respect of his employment, trade or business, shall be guilty of a petty
offense. It is the duty of the State's Attorney of the county wherein said
information is made or offense committed to prosecute the action in the
name of the People of the State of Illinois.
(Source: P.A. 85‑1241.)
|
(20 ILCS 1805/101) (from Ch. 129, par. 220.101)
Sec. 101.
Any person not a member of the army or navy of the United States, or of
the National Guard or Naval Militia of one of the States, or of the Grand
Army of the Republic or other patriotic military societies, or independent
military organizations as authorized under Section 94 of this Article, who
wears any uniform or designation of rank in use by the Illinois National
Guard, used or authorized in this Act, shall be
guilty of a petty offense and fined not less than $20 nor more than $100.
Such offender shall be proceeded against as in the case of other
misdemeanors under the statute, and the person so fined shall be committed
as provided by law.
All fines collected under this Section shall be transmitted by the
officer collecting the same to the Treasurer of the State of Illinois.
(Source: P.A. 85‑1241.)
|
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
