2023 Illinois Compiled Statutes › Chapter 20 - EXECUTIVE BRANCH › 20 ILCS 1805/ - Military Code of Illinois. › Article XVI - Mobs, Riots And Disturbances

(20 ILCS 1805/Art. XVI heading)
ARTICLE XVI.  
		MOBS, RIOTS AND DISTURBANCES
(20 ILCS 1805/83) (from Ch. 129, par. 220.83)
Sec. 83. 
		
		Whenever there is a tumult, riot, mob or body of persons acting
together by force with attempt to commit a felony, or to offer violence to
persons or property, or by force or violence to break or resist the laws of
the State, or when such tumult, riot or mob is threatened it shall be
deemed that a time of public disorder and danger then exists, and it shall
be the duty of the Governor thereupon to order such military force
as he may deem necessary to aid the civil authorities in suppressing such
violence and executing the law.
(Source: P.A. 85-1241.)
(20 ILCS 1805/84) (from Ch. 129, par. 220.84)
Sec. 84. 
		
		Whenever any military force is so ordered out by the
Commander-in-Chief, the commanding officer thereof may arrest any person or
persons in view without process and hold them in custody until, by order of
the Commander-in-Chief, such person or persons are discharged from custody
or delivered over to the civil authorities. Such commanding officer may
also use such force as he may deem necessary to suppress riots, disperse
mobs, restore peace and execute the law.
(Source: P.A. 85-1241.)
(20 ILCS 1805/85) (from Ch. 129, par. 220.85)
Sec. 85. 
		
		Orders from civil officers to any military commander
shall specify only the work to be done or result to be attained and shall
not include the method to be employed as to which the military
officer shall exercise his discretion and be the sole judge as to what
means are necessary.
(Source: P.A. 85-1241.)
(20 ILCS 1805/86) (from Ch. 129, par. 220.86)
Sec. 86. 
		
		Whenever 12 or more persons, any of them armed with clubs or
dangerous weapons, or 30 or more, armed or unarmed are unlawfully,
riotously or tumultuously assembled, it is the duty of the commanding
officer of such military force as may be present on duty, to go
among the persons so assembled, or as near them as safety will permit, and
in the name of the State command them immediately to disperse, and if they
do not obey, every person refusing to disperse shall be deemed one of such
unlawful assembly and shall be guilty of a Class A misdemeanor; and each
officer having notice of such unlawful assembly and refusing or neglecting
to do their duty in relation thereto, as aforesaid, shall be guilty of a
petty offense.
When persons so unlawfully assembled neglect or refuse, on command, as
aforesaid, to disperse, it shall be the duty of the above military
authorities to forthwith suppress such assembly and disperse the persons
composing it in such manner as may be most expedient.
If in the efforts made as aforesaid to suppress such assembly and to
arrest and secure the persons composing it who neglect or refuse to
disperse, though the number remaining be less than 12, any such
persons, or any persons, present as spectators or otherwise, are killed or
wounded, the military personnel, each and all of them, shall be
held guiltless of any crime and justified in law.
(Source: P.A. 85-1241.)
(20 ILCS 1805/87) (from Ch. 129, par. 220.87)
Sec. 87. 
		
		It is unlawful for any person to assault or fire upon, throw any
missile at, against or upon any member or body of the Illinois National
Guard, when going to, returning from or
performing any duty under the provisions of this Article, and any person so
offending is guilty of a felony and may on conviction be imprisoned in the
penitentiary for not less than two nor more than five years.
(Source: P.A. 85-1241.)
(20 ILCS 1805/88) (from Ch. 129, par. 220.88)
Sec. 88. 
		
		If any portion of the Illinois National Guard in the performance
of any duty is assailed, assaulted, attacked, or
in imminent danger thereof, the commanding officer of such Illinois
National Guard may at once proceed to quell such
attack and disperse the attacking parties and take all other steps for the
safety of his command that he may deem necessary.
(Source: P.A. 85-1241.)
(20 ILCS 1805/89) (from Ch. 129, par. 220.89)
Sec. 89. 
		(Repealed).
(Source: P.A. 85-1241. Repealed by P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1805/90) (from Ch. 129, par. 220.90)
Sec. 90. 
(a) If any member of the Illinois National Guard is criminally prosecuted by
civil authorities of the United States or any state, commonwealth, or territory of the United States, for any act or omission determined by the Attorney General to have been within the scope of the member's military duties, or for any act or omission caused, ordered, or directed by such
member to be done or performed within the scope of military duty, the member shall be entitled to defense representation by the Attorney General or, if the Attorney General determines it appropriate, by a qualified private defense attorney of the member's choice subject to the approval of the Attorney General at State expense. In that case all costs of the defense, including attorney's fees, witnesses' fees
for the defense, defendant's court costs and all costs for transcripts of
records and abstracts thereof on appeal by the defense, shall be paid by
the State.
(b) Representation and indemnification of Illinois National Guard members in civil cases arising out of their military training or duty shall be in accordance with the State Employee Indemnification Act. The fees and expenses in criminal cases, as provided for in this Section, shall be paid by the Adjutant General out of appropriated funds, upon vouchers and bills approved by the Attorney General.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1805/91) (from Ch. 129, par. 220.91)
Sec. 91. 
		
		The expenses of such defense, as provided for in the preceding
section, shall be paid by The Adjutant General out of appropriated funds,
upon vouchers and bills approved by the Attorney General.
(Source: Laws 1957, p. 2141.)