State Codes and Statutes
Statutes > Illinois > Chapter20 > 315 > 002018050HArt_XV (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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
