Comments: IL SB2861 | 2015-2016 | 99th General Assembly

Bill Title: Creates the Illinois Code of Military Justice (Code) in conformity with the federal Uniform Code of Military Justice to permit discipline of the Illinois National Guard by providing a military justice system including court-martial authorities meeting current legal standards of due process. Organizes the Code into Parts concerning: general provisions; apprehension and restraint; non-judicial punishment; court martial jurisdiction; appointment and composition of courts-martial; pre-trial procedure; trial procedure; sentences; post-trial procedure and review of courts-martial; punitive articles; and miscellaneous provisions. Supersedes existing statutes, ordinances, directives, rules, regulations, orders and other laws in this State covered by the subject matter of the Code. Amends the Military Code of Illinois. Provides that Illinois National Guard members shall be separated from active service in accordance with federal laws and regulations as applicable, except as otherwise provided in the Code or in the Military Code of Illinois. Prohibits Guard members who are dismissed or dishonorably discharged from holding any elective or appointive office, position, or State or county employment for a period of 5 years unless such disability is removed by the Governor. Repeals provisions concerning: the separation of Guard members from active service; discharged Guard members ineligible to hold elective office or State or county employment; military offenses; courts-martial; board investigations of Guard members accused of certain acts while on military duty; and payment of a Guard member's defense expenses by the Adjutant General. Amends the State Finance Act. Creates the State Military Justice Fund. Effective January 1, 2017.

Spectrum: Bipartisan Bill

Status: (Passed) 2016-08-12 - Public Act . . . . . . . . . 99-0796 [SB2861 Detail]

Text: Latest bill text (Chaptered) [HTML]

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