2023 Illinois Compiled Statutes › Chapter 20 - EXECUTIVE BRANCH › 20 ILCS 1807/ - Illinois Code of Military Justice. › Part XI - Miscellaneous

(20 ILCS 1807/Pt. XI heading)
PART XI.  MISCELLANEOUS
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/135)
Sec. 135. Article 135. Courts of inquiry.
(a)    Courts of inquiry to investigate any matter of concern to the State military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested such an inquiry.
(b) A court of inquiry consists of 3 or more commissioned officers.  For each court of inquiry, the convening authority shall also appoint counsel for the court.
(c)    Any person subject to this Code whose conduct is subject to inquiry shall be designated as a party.  Any person subject to this Code who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court.  Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
(d)    Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
(e)    The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.
(f)    Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
(g)   Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
(h)    Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority.  If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president.  If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/136)
Sec. 136. Article 136. Authority to administer oaths and to act as notary.
(a)    The following persons may administer oaths for the purposes of military administration, including military justice:
(1) All judge advocates.
(2) All summary courts-martial.
(3) All adjutants, assistant adjutants, acting     adjutants, and personnel adjutants.
(4) All commanding officers of the naval militia.
(5) All other persons designated by regulations of     the armed forces of the United States or by State statute.
(b) The following persons may administer oaths necessary in the performance of their duties:
(1) The president, military judge, and trial counsel     for all general and special courts-martial.
(2) The president and the counsel for the court of     any court of inquiry.
(3) All officers designated to take a deposition.
(4) All persons detailed to conduct an investigation.
(5) All recruiting officers.
(6) All other persons designated by regulations of     the armed forces of the United States or by State statute.
(c) The signature without seal of any such person, together with the title of his office, is prima facie evidence of the person's authority.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/137)
Sec. 137. Article 137. Articles to be explained.
(a)(1)    The Articles of this Code specified in paragraph (3) shall be carefully explained to each enlisted member at the time of, or within 30 days after, the member's initial entrance into a duty status with the State military forces.
(2) Such Articles shall be explained again:
(A) after the member has completed basic or recruit     training; and
(B) at the time when the member reenlists.
(3)  This subsection applies with respect to Articles 2, 3, 7 through 15, 25, 27, 31, 37, 38, 55, 77 through 134, and 137 through 139 of this Code.
(b)    The text of this Code and of the regulations or orders prescribed under this Code shall be made available to a member of the State military forces, upon request by the member, for the member's personal examination, but this Code is effective and binding upon the State military forces upon the effective date noted in Article 999, and said regulations or orders are effective upon proper publishing of same, pursuant to other law or regulation.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/138)
Sec. 138. Article 138. Complaints of wrongs. Any member of the State military forces who believes himself wronged by a commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and shall, as soon as possible, send to
the Adjutant General a true statement of that complaint, with the proceedings had thereon.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/139)
Sec. 139. Article 139. Redress of injuries to property.
(a) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the State military forces, that person may, under such regulations prescribed, convene a board to investigate the complaint. The board shall consist of from one to 3 commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by that officer shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive on any disbursing officer for payment to the injured parties of the damages so assessed and approved.
(b) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/140)
Sec. 140. Article 140. Delegation by the Governor. The Governor may delegate any authority vested in the Governor under this Code, and provide for the subdelegation of any such authority, except the power given the Governor by Article 22 of this Code.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/141)
Sec. 141. Article 141. Payment of fees, costs, and expenses.
(a)    The fees and authorized travel expenses of all witnesses, experts, victims, court reporters, and interpreters, fees for the service of process, the costs of collection, apprehension, detention and confinement, and all other necessary expenses of prosecution and the administration of military justice, not otherwise payable by any other source, shall be paid out of the State Military Justice Fund.
(b)    For the foregoing purposes, the State Military Justice Fund is created as a special fund in the State treasury. The Fund shall be administered by the Adjutant General, from which expenses of military justice shall be paid in the amounts and manner as prescribed by law.  The General Assembly may  appropriate  and  have  deposited  into  the Fund  such  moneys  as  it  deems necessary to carry out the purposes of this Code.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/142)
Sec. 142. Article 142. Payment of fines and disposition thereof.
(a)    Fines imposed by a military court or through imposition of non-judicial punishment may be paid to this State and delivered to the court or imposing officer, or to a person executing their process.  Fines may be collected in the following manner:
(1) by cash or money order;
(2) by retention of any pay or allowances due or to     become due the person fined from any state or the United States; or
(3) by garnishment or levy, together with costs, on     the wages, goods, and chattels of a person delinquent in paying a fine, as provided by law.
(b) Any sum so received or retained shall be deposited into the State Military Justice Fund or to whomever the court so directs.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/143)
Sec. 143. Article 143. Uniformity of interpretation. This Code shall be so construed as to effectuate its general purpose to make it in conformity, so far as practical, with the Uniform Code of Military Justice, Chapter 47 of Title 10, United States Code.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/144)
Sec. 144. Article 144. Immunity for action of military courts. All persons acting under the provisions of this Code, whether as a member of the military or as a civilian, shall be immune from any personal liability for any of the acts or omissions which they did or failed to do as part of their duties under this Code.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/145)
Sec. 145. Article 145. Severability. The provisions of this Code are hereby declared to be severable and if any provision of this Code or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this Code.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/146)
Sec. 146. Article 146. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/147)
Sec. 147. Article 147. Time of taking effect. (See Section 999 for effective date.)
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/148)
Sec. 148. Article 148.   Supersedes existing State military justice codes. On the  effective date of this Code, this law supersedes all existing statutes, ordinances, directives, rules, regulations, orders and other laws in this State covered by the subject matter of this Code.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/149)
Sec. 149. Article 149. Civilian crimes assimilated. Any person subject to this Code who commits an offense not enumerated in this Code, but which is an offense under the laws of the United States, the laws of this State, or the laws of another state, U.S. Commonwealth, Territory, Possession, or District, while said person is subject to the jurisdiction of this Code under Article 2, is guilty of any act or omission which, although not made punishable by any enactment of this State, is punishable if committed or omitted within the jurisdiction of the laws of the United States, the laws of this State, or the laws of another state, Territory, Possession, or District, and said offense may be charged as an offense under Article 134 of this Code pursuant to the substantive law of the jurisdiction where the offense was committed, in force at the time of said offense, and shall be punished pursuant to said other law, subject only to the maximum punishment prescribed by this Code.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/150)
Sec. 150. (Amendatory provisions; text omitted).
(Source: P.A. 99-796, eff. 1-1-17; text omitted.)
(20 ILCS 1807/153)
Sec. 153. (Amendatory provisions; text omitted).
(Source: P.A. 99-796, eff. 1-1-17; text omitted.)
(20 ILCS 1807/155)
Sec. 155. The Military Code of Illinois is amended  by repealing Sections 34, 47, and 89 and Articles  XIV and  XV.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/156)
Sec. 156. (Amendatory provisions; text omitted).
(Source: P.A. 99-796, eff. 1-1-17; text omitted.)
(20 ILCS 1807/999)
Sec. 999. Effective date. This Act takes effect January 1, 2017.
(Source: P.A. 99-796, eff. 1-1-17.)