Bill Text: IL SB2076 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Illinois Code of Military Justice. Makes conforming changes so as to parallel the federal Uniform Code of Military Justice. Makes changes to provisions concerning conviction of offense charged; conspiracy; desertion; disrespect toward superior commissioned officer; and other matters. Adds provisions concerning malingering; breach of medical quarantine; resistance, flight, breach of arrest, and escape; offenses against correctional custody and restriction; prohibited activities with military recruit or trainee by person in position of special trust; offenses by sentinel or lookout; disrespect toward sentinel or lookout; misconduct as prisoner; public records offenses; fraudulent enlistment, appointment, or separation; unlawful enlistment, appointment, or separation; forgery; false or unauthorized pass offenses; impersonation of officer; wearing unauthorized insignia; parole violation; mail matter; leaving scene of vehicle accident; communicating threats; death or injury of an unborn child; child endangerment; rape and sexual assault; rape and sexual assault of a child; other sexual misconduct; receiving stolen property; offenses concerning Government computers; frauds against the United States; and other matters. Effective immediately.

Spectrum: Strong Partisan Bill (Republican 10-1)

Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0367 [SB2076 Detail]

Download: Illinois-2019-SB2076-Chaptered.html



Public Act 101-0367
SB2076 EnrolledLRB101 09477 CPF 54575 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Code of Military Justice is amended
by changing Sections 79, 81, 82, 83, 84, 87, 89, 90, 95, 96,
98, 103, 104, 105, 106, 106a, 107, 110, 112, 113, 115, 123,
124, 132, and 133 and by adding Sections 87a, 87b, 93a, 95a,
103a, 103b, 104a, 104b, 105a, 107a, 108a, 109a, 119a, 119b,
120a, 120b, 120c, 121a, 122a, 124a, 124b, 128a, 131a, 131b,
131c, 131d, 131e, 131f, and 131g as follows:
(20 ILCS 1807/79)
Sec. 79. Article 79. Conviction of lesser included offense
charged, lesser included offenses, and attempts.
(a) An accused may be found guilty of any of the following:
an offense necessarily included in the offense charged or of an
attempt to commit either the offense charged or an offense
necessarily included therein.
(1) The offense charged.
(2) A lesser included offense.
(3) An attempt to commit the offense charged.
(4) An attempt to commit a lesser included offense, if
the attempt is an offense in its own right.
(b) In this Article, "lesser included offense" means:
(1) an offense that is necessarily included in the
offense charged; and
(2) any lesser included offense so designated by
regulation prescribed by the Governor.
(c) Any designation of a lesser included offense in a
regulation referred to in subsection (b) shall be reasonably
included in the greater offense.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/81)
Sec. 81. Article 81. Conspiracy.
(a) Any person subject to this Code who conspires with any
other person to commit an offense under this Code shall, if one
or more of the conspirators does an act to effect the object of
the conspiracy, be punished as a court-martial may direct.
(b) Any person subject to this Code who conspires with any
other person to commit an offense under the law of war, and who
knowingly does an overt act to affect the object of the
conspiracy, shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/82)
Sec. 82. Article 82. Soliciting commission of offenses
Solicitation.
(a) Any person subject to this Code who solicits or advises
another to commit an offense under this Code (other than an
offense specified in subsection (b)) shall be punished as a
court-martial may direct. Any person subject to this Code who
solicits or advises another or others to desert in violation of
Article 85 of this Code or mutiny in violation of Article 94 of
this Code shall, if the offense solicited or advised is
attempted or committed, be punished with the punishment
provided for the commission of the offense, but, if the offense
solicited or advised is not committed or attempted, the person
shall be punished as a court-martial may direct.
(b) Any person subject to this Code who solicits or advises
another to violate Article 85 of this Code, Article 94 of this
title, or Article 99 of this Code: Any person subject to this
Code who solicits or advises another or others to commit an act
of misbehavior before the enemy in violation of Article 99 of
this Code or sedition in violation of Article 94 of this Code
shall, if the offense solicited or advised is committed, be
punished with the punishment provided for the commission of the
offense, but, if the offense solicited or advised is not
committed, the person shall be punished as a court-martial may
direct.
(1) if the offense solicited or advised is attempted or
is committed, shall be punished with the punishment
provided for the commission of the offense; and
(2) if the offense solicited or advised is not
attempted or committed, shall be punished as a
court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/83)
Sec. 83. Article 83. Malingering Fraudulent enlistment,
appointment, or separation. Any person subject to this Code
who, with the intent to avoid work, duty, or service who:
(1) feigns illness, physical disablement, mental
lapse, or mental derangement procures his own enlistment or
appointment in the State military forces by knowingly false
representation or deliberate concealment as to his
qualifications for that enlistment or appointment and
receives pay or allowances thereunder; or
(2) intentionally inflicts self-injury procures his
own separation from the State military forces by knowingly
false representation or deliberate concealment as to his
eligibility for that separation;
shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/84)
Sec. 84. Article 84. Breach of medical quarantine Unlawful
enlistment, appointment, or separation. Any person subject to
this Code: who effects an enlistment or appointment in or a
separation from the State military forces of any person who is
known to him to be ineligible for that enlistment, appointment,
or separation because it is prohibited by law, regulation, or
order
(1) who is ordered into medical quarantine by a person
authorized to issue such order; and
(2) who, with knowledge of the quarantine and the
limits of the quarantine, goes beyond those limits before
being released from the quarantine by proper authority;
shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/87)
Sec. 87. Article 87. Missing movement; jumping from vessel.
(a) Any person subject to this Code who through neglect or
design misses the movement of a ship, aircraft, or unit with
which he is required in the course of duty to move shall be
punished as a court-martial may direct.
(b) Any person subject to this Code who wrongfully and
intentionally jumps into the water from a vessel in use by the
State military forces shall be punished as a court-martial may
direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/87a new)
Sec. 87a. Article 87a. Resistance, flight, breach of
arrest, and escape. Any person subject to this Code who:
(1) resists apprehension;
(2) flees from apprehension;
(3) breaks arrest; or
(4) escapes from custody or confinement;
shall be punished as a court-martial may direct.
(20 ILCS 1807/87b new)
Sec. 87b. Article 87b. (Reserved).
(20 ILCS 1807/89)
Sec. 89. Article 89. Disrespect toward superior
commissioned officer; assault of superior commissioned
officer.
(a) Any person subject to this Code who behaves with
disrespect toward his superior commissioned officer shall be
punished as a court-martial may direct.
(b) Any person subject to this Code who strikes that
person's superior commissioned officer or draws or lifts up any
weapon or offers any violence against that officer while the
officer is in the execution of the officer's office shall be
punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/90)
Sec. 90. Article 90. Willfully Assaulting or willfully
disobeying superior commissioned officer. Any person subject
to this Code who willfully disobeys a lawful command of that
person's superior commissioned officer shall be punished as a
court-martial may direct. :
(1) strikes his superior commissioned officer or draws
or lifts up any weapon or offers any violence against him
while he is in the execution of his office; or
(2) willfully disobeys a lawful command of his superior
commissioned officer;
shall be punished, if the offense is committed in time of war,
by confinement of not more than 10 years or such other
punishment as a court-martial may direct, and if the offense is
committed at any other time, by such punishment as a
court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/93a new)
Sec. 93a. Article 93a. Prohibited activities with military
recruit or trainee by person in position of special trust.
(a) Any person subject to this Code:
(1) who is an officer, a noncommissioned officer, or a
petty officer;
(2) who is in a training leadership position with
respect to a specially protected junior member of the State
military forces; and
(3) who engages in prohibited sexual activity with such
specially protected junior member of the State military
forces;
shall be punished as a court-martial may direct.
(b) Any person subject to this Code:
(1) who is a military recruiter and engages in
prohibited sexual activity with an applicant for military
service; or
(2) who is a military recruiter and engages in
prohibited sexual activity with a specially protected
junior member of the State military forces who is enlisted
under a delayed entry program;
shall be punished as a court-martial may direct.
(c) Consent is not a defense for any conduct at issue in a
prosecution under this Article.
(d) In this Article:
(1) "Specially protected junior member of the State
military forces" means:
(A) a member of the State military forces who is
assigned to, or is awaiting assignment to, basic
training or other initial active duty for training,
including a member who is enlisted under a delayed
entry program;
(B) a member of the State military forces who is a
cadet, a midshipman, an officer candidate, or a student
in any other officer qualification program; and
(C) a member of the State military forces in any
program that, by regulation prescribed by the
Secretary of the Army or the Air Force, is identified
as a training program for initial career
qualification.
(2) "Training leadership position" means, with respect
to a specially protected junior member of the State
military forces, any of the following:
(A) Any drill instructor position or other
leadership position in a basic training program, an
officer candidate school, a reserve officers' training
corps unit, a training program for entry into the State
military forces, or any program that, by regulation
prescribed by the Secretary of the Army or the Air
Force, is identified as a training program for initial
career qualification.
(B) Faculty and staff of a State military academy,
a regional training institute, or any other formal
military education program.
(3) "Applicant for military service" means a person
who, under regulations prescribed by the Secretary of the
Army or the Air Force, is an applicant for original
enlistment or appointment in the State military forces.
(4) "Military recruiter" means a person who, under
regulations prescribed by the Secretary of the Army or the
Air Force, has the primary duty to recruit persons for
military service.
(5) "Prohibited sexual activity" means, as specified
in regulations prescribed by the Secretary of the Army or
the Air Force, inappropriate physical intimacy under
circumstances described in such regulations.
(20 ILCS 1807/95)
Sec. 95. Article 95. Offenses by sentinel or lookout
Resistance, flight, breach of arrest, and escape.
(a) Any sentinel or lookout who is drunk on post, who
sleeps on post, or who leaves post before being regularly
relieved shall be punished as a court-martial may direct.
(b) Any sentinel or lookout who loiters or wrongfully sits
down on post shall be punished as a court-martial may direct.
Any person subject to this Code who:
(1) resists apprehension;
(2) flees from apprehension;
(3) breaks arrest; or
(4) escapes from custody or confinement;
shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/95a new)
Sec. 95a. Article 95a. Disrespect toward sentinel or
lookout.
(a) Any person subject to this Code who, knowing that
another person is a sentinel or lookout, uses wrongful and
disrespectful language that is directed toward and within the
hearing of the sentinel or lookout, who is in the execution of
duties as a sentinel or lookout, shall be punished as a
court-martial may direct.
(b) Any person subject to this Code who, knowing that
another person is a sentinel or lookout, behaves in a wrongful
and disrespectful manner that is directed toward and within the
sight of the sentinel or lookout, who is in the execution of
duties as a sentinel or lookout, shall be punished as a
court-martial may direct.
(20 ILCS 1807/96)
Sec. 96. Article 96. Release of Releasing prisoner without
proper authority; drinking with prisoner.
(a) Any person subject to this Code: Any person subject to
this Code who, without proper authority, releases any prisoner
committed to his charge, or who through neglect or design
suffers any such prisoner to escape, shall be punished as a
court-martial may direct, whether or not the prisoner was
committed in strict compliance with law.
(1) who, without authority to do so, releases a
prisoner; or
(2) who, through neglect or design, allows a prisoner
to escape;
shall be punished as a court-martial may direct, whether or not
the prisoner was committed in strict compliance with the law.
(b) Any person subject to this Code who unlawfully drinks
any alcoholic beverage with a prisoner shall be punished as a
court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/98)
Sec. 98. Article 98. Misconduct as prisoner Noncompliance
with procedural rules. Any person subject to this Code who,
while in the hand of the enemy in time of war:
(1) for the purpose of securing favorable treatment by
his captors acts without proper authority in a manner
contrary to law, custom, or regulation, to the detriment of
others of whatever nationality held by the enemy as
civilian or military prisoners is responsible for
unnecessary delay in the disposition of any case of a
person accused of an offense under this Code; or
(2) while in a position of authority over such persons
maltreats them without justifiable cause knowingly and
intentionally fails to enforce or comply with any provision
of this Code regulating the proceedings before, during, or
after trial of an accused;
shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/103)
Sec. 103. Article 103. (Reserved). Captured or abandoned
property.
(a) All persons subject to this Code shall secure all
public property taken for the service of the United States or
this State, and shall give notice and turn over to the proper
authority without delay all captured or abandoned property in
their possession, custody, or control.
(b) Any person subject to this Code who:
(1) fails to carry out the duties prescribed in
subsection (a);
(2) buys, sells, trades, or in any way deals in or
disposes of taken, captured, or abandoned property,
whereby he receives or expects any profit, benefit, or
advantage to himself or another directly or indirectly
connected with himself; or
(3) engages in looting or pillaging;
shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/103a new)
Sec. 103a. Article 103a. (Reserved).
(20 ILCS 1807/103b new)
Sec. 103b. Article 103b. Aiding the enemy. Any person who:
(1) aids, or attempts to aid, the enemy with arms,
ammunition, supplies, money, or other things; or
(2) without proper authority, knowingly harbors or
protects or gives intelligence to, or communicates or
corresponds with or holds any intercourse with the enemy,
either directly or indirectly;
shall be punished as a court-martial may direct.
(20 ILCS 1807/104)
Sec. 104. Article 104. (Reserved). Aiding the enemy. Any
person subject to this Code who:
(1) aids, or attempts to aid, the enemy with arms,
ammunition, supplies, money, or other things; or
(2) without proper authority, knowingly harbors or
protects or gives intelligence to, or communicates or
corresponds with or holds any intercourse with the enemy,
either directly or indirectly;
shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/104a new)
Sec. 104a. Article 104a. Fraudulent enlistment,
appointment, or separation. Any person who:
(1) procures his or her own enlistment or appointment
in the State military forces by knowingly false
representation or deliberate concealment as to his or her
qualifications for that enlistment or appointment and
receives pay or allowances thereunder; or
(2) procures his or her own separation from the State
military forces by knowingly false representation or
deliberate concealment as to his or her eligibility for
that separation;
shall be punished as a court-martial may direct.
(20 ILCS 1807/104b new)
Sec. 104b. Article 104b. Unlawful enlistment, appointment,
or separation. Any person subject to this Code who affects an
enlistment or appointment in or a separation from the State
military forces of any person who is known to him to be
ineligible for that enlistment, appointment, or separation
because it is prohibited by law, regulation, or order shall be
punished as a court-martial may direct.
(20 ILCS 1807/105)
Sec. 105. Article 105. (Reserved). Misconduct as prisoner.
Any person subject to this Code who, while in the hands of the
enemy in time of war:
(1) for the purpose of securing favorable treatment by
his captors acts without proper authority in a manner
contrary to law, custom, or regulation, to the detriment of
others of whatever nationality held by the enemy as
civilian or military prisoners; or
(2) while in a position of authority over such persons
maltreats them without justifiable cause;
shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/105a new)
Sec. 105a. Article 105a. False or unauthorized pass
offenses.
(a) Any person subject to this Code who, wrongfully and
falsely, makes, alters, counterfeits, or tampers with a
military or official pass, permit, discharge certificate, or
identification card shall be punished as a court-martial may
direct.
(b) Any person subject to this Code who wrongfully sells,
gives, lends, or disposes of a false or unauthorized military
or official pass, permit, discharge certificate, or
identification card, knowing that the pass, permit, discharge
certificate, or identification card is false or unauthorized,
shall be punished as a court-martial may direct.
(c) Any person subject to this Code who wrongfully uses or
possesses a false or unauthorized military or official pass,
permit, discharge certificate, or identification card, knowing
that the pass, permit, discharge certificate, or
identification card is false or unauthorized, shall be punished
as a court-martial may direct.
(20 ILCS 1807/106)
Sec. 106. Article 106. Impersonation of officer,
noncommissioned or petty officer, or agent or official
(Reserved).
(a) Any person subject to this Code who, wrongfully and
willfully, impersonates:
(1) an officer, a noncommissioned officer, or a petty
officer;
(2) an agent of superior authority of one of the armed
forces; or
(3) an official of a government;
shall be punished as a court-martial may direct.
(b) Any person subject to this Code who, wrongfully,
willfully, and with intent to defraud, impersonates any person
referred to in paragraph (1), (2), or (3) of subsection (a)
shall be punished as a court-martial may direct.
(c) Any person subject to this Code who, wrongfully,
willfully, and without intent to defraud, impersonates an
official of a government by committing an act that exercises or
asserts the authority of the office that the person claims to
have shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/106a)
Sec. 106a. Article 106a. Wearing unauthorized insignia,
decoration, badge, ribbon, device, or lapel button (Reserved).
Any person subject to this Code:
(1) who is not authorized to wear an insignia,
decoration, badge, ribbon, device, or lapel button; and
(2) who wrongfully wears such insignia, decoration,
badge, ribbon, device, or lapel button upon the person's
uniform or civilian clothing;
shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/107)
Sec. 107. Article 107. False official statements; false
swearing.
(a) Any person subject to this Code who, with intent to
deceive: ,
(1) signs any false record, return, regulation, order,
or other official document made in the line of duty,
knowing it to be false; , or
(2) makes any other false official statement made in
the line of duty, knowing it to be false; ,
shall be punished as a court-martial may direct.
(b) Any person subject to this Code:
(1) who takes an oath that:
(A) is administered in a matter in which such oath
is required or authorized by law; and
(B) is administered by a person with authority to
do so; and
(2) who, upon such oath, makes or subscribes to a
statement; if the statement is false and at the time of
taking the oath, the person does not believe the statement
to be true,
shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/107a new)
Sec. 107a. Article 107a. Parole violation. Any person
subject to this Code:
(1) who, having been a prisoner as the result of a
court-martial conviction or other criminal proceeding, is
on parole with conditions; and
(2) who violates the conditions of parole;
shall be punished as a court-martial may direct.
(20 ILCS 1807/108a new)
Sec. 108a. Article 108a. Captured or abandoned property.
(a) All persons subject to this Code shall secure all
public property taken from the enemy for the service of the
United States, and shall give notice and turn over to the
proper authority without delay all captured or abandoned
property in their possession, custody, or control.
(b) Any person subject to this Code who:
(1) fails to carry out the duties prescribed in
subsection (a);
(2) buys, sells, trades, or in any way deals in or
disposes of captured or abandoned property, whereby he
receives or expects any profit, benefit, or advantage to
himself or another directly or indirectly connected with
himself; or
(3) engages in looting or pillaging; shall be punished
as a court-martial may direct.
(20 ILCS 1807/109a new)
Sec. 109a. Article 109a. (Reserved).
(20 ILCS 1807/110)
Sec. 110. Article 110. Improper hazarding of vessel or
aircraft.
(a) Any person subject to this Code who willfully and
wrongfully hazards or suffers to be hazarded any vessel or
aircraft of the armed forces of the United States or any state
military forces shall be punished suffer such punishment as a
court-martial may direct.
(b) Any person subject to this Code who negligently hazards
or suffers to be hazarded any vessel or aircraft of the armed
forces of the United States or any state military forces shall
be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/112)
Sec. 112. Article 112. Drunkenness and other
incapacitation offenses Drunk on duty.
(a) Any person subject to this Code other than a sentinel
or look-out, who is found drunk on duty, shall be punished as a
court-martial may direct.
(b) Any person subject to this Code who, as a result of
indulgence in any alcoholic beverage or any drug, is
incapacitated for the proper performance of duty shall be
punished as a court-martial may direct.
(c) Any person subject to this Code who is a prisoner and,
while in such status, is drunk shall be punished as a
court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/113)
Sec. 113. Article 113. (Reserved). Misbehavior of
sentinel. Any sentinel or look-out who is found drunk or
sleeping upon his post or leaves it before being regularly
relieved shall be punished, if the offense is committed in time
of war, by confinement of not more than 10 years or other
punishment as a court-martial may direct, but if the offense is
committed at any other time, by such punishment as a
court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/115)
Sec. 115. Article 115. Communicating threats Malingering.
(a) Any person subject to this Code who wrongfully
communicates a threat to injure the person, property, or
reputation of another shall be punished as a court-martial may
direct.
(b) Any person subject to this Code who wrongfully
communicates a threat to injure the person or property of
another by use of (1) an explosive, (2) a weapon of mass
destruction, (3) a biological or chemical agent, substance, or
weapon, or (4) a hazardous material, shall be punished as a
court-martial may direct.
(c) Any person subject to this Code who maliciously
communicates a false threat concerning injury to the person or
property of another by use of (1) an explosive, (2) a weapon of
mass destruction, (3) a biological or chemical agent,
substance, or weapon, or (4) a hazardous material, shall be
punished as a court-martial may direct. As used in this
subsection, "false threat" means a threat that, at the time the
threat is communicated, is known to be false by the person
communicating the threat.
Any person subject to this Code who for the purpose of avoiding
work, duty, or service:
(1) feigns illness, physical disablement, mental
lapse, or derangement; or
(2) intentionally inflicts self-injury;
shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/119a new)
Sec. 119a. Article 119a. (Reserved).
(20 ILCS 1807/119b new)
Sec. 119b. Article 119b. (Reserved).
(20 ILCS 1807/120a new)
Sec. 120a. Article 120a. (Reserved).
(20 ILCS 1807/120b new)
Sec. 120b. Article 120b. (Reserved).
(20 ILCS 1807/120c new)
Sec. 120c. Article 120c. (Reserved).
(20 ILCS 1807/121a new)
Sec. 121a. Article 121a. (Reserved).
(20 ILCS 1807/122a new)
Sec. 122a. Article 122a. (Reserved).
(20 ILCS 1807/123)
Sec. 123. Article 123. Offenses concerning Government
computers (Reserved).
(a) Any person subject to this Code who:
(1) knowingly accesses a Government computer, with an
unauthorized purpose, and by doing so obtains classified
information, with reason to believe such information could
be used to the injury of the United States, or to the
advantage of any foreign nation, and intentionally
communicates, delivers, transmits, or causes to be
communicated, delivered, or transmitted such information
to any person not entitled to receive it;
(2) intentionally accesses a Government computer, with
an unauthorized purpose, and thereby obtains classified or
other protected information from any such Government
computer; or
(3) knowingly causes the transmission of a program,
information, code, or command, and as a result of such
conduct, intentionally causes damage without authorization
to a Government computer;
shall be punished as a court-martial may direct.
(b) In this Article:
(1) "Computer" has the meaning given that term in
Section 1030 of Title 18 of the United States Code.
(2) "Government computer" means a computer owned or
operated by or on behalf of the United States Government or
State government.
(3) "Damage" has the meaning given that term in Section
1030 of Title 18 of the United States Code.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/124)
Sec. 124. Article 124. Frauds against the government. Any
person subject to this Code: (Reserved).
(1) who, knowing it to be false or fraudulent:
(A) makes any claim against the United States, this
State, or any officer thereof; or
(B) presents to any person in the civil or military
service thereof, for approval or payment, any claim against
the United States, this State, or any officer thereof;
(2) who, for the purpose of obtaining the approval,
allowance, or payment of any claim against the United States,
this State, or any officer thereof:
(A) makes or uses any writing or other paper knowing it
to contain any false or fraudulent statements;
(B) makes any oath, affirmation, or certification to
any fact or to any writing or other paper knowing the oath,
affirmation, or certification to be false; or
(C) forges or counterfeits any signature upon any
writing or other paper, or uses any such signature knowing
it to be forged or counterfeited;
(3) who, having charge, possession, custody, or control of
any money, or other property of the United States or this
State, furnished or intended for the armed forces of the United
States or the State military forces, knowingly delivers to any
person having authority to receive it, any amount thereof less
than that for which he receives a certificate or receipt; or
(4) who, being authorized to make or deliver any paper
certifying the receipt of any property of the United States or
this State, furnished or intended for the armed forces of the
United States or the State military forces, makes or delivers
to any person such writing without having full knowledge of the
truth of the statements therein contained and with intent to
defraud the United States or this State;
shall, upon conviction, be punished as a court-martial may
direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/124a new)
Sec. 124a. Article 124a. (Reserved).
(20 ILCS 1807/124b new)
Sec. 124b. Article 124b. (Reserved).
(20 ILCS 1807/128a new)
Sec. 128a. Article 128a. (Reserved).
(20 ILCS 1807/131a new)
Sec. 131a. Article 131a. (Reserved).
(20 ILCS 1807/131b new)
Sec. 131b. Article 131b. (Reserved).
(20 ILCS 1807/131c new)
Sec. 131c. Article 131c. (Reserved).
(20 ILCS 1807/131d new)
Sec. 131d. Article 131d. (Reserved).
(20 ILCS 1807/131e new)
Sec. 131e. Article 131e. (Reserved).
(20 ILCS 1807/131f new)
Sec. 131f. Article 131f. Noncompliance with procedural
rules. Any person subject to this Code who:
(1) is responsible for unnecessary delay in the
disposition of any case of a person accused of an offense
under this Code; or
(2) knowingly and intentionally fails to enforce or
comply with any provision of this Code regulating the
proceedings before, during, or after trial of an accused;
shall be punished as a court-martial may direct.
(20 ILCS 1807/131g new)
Sec. 131g. Article 131g. Wrongful interference with
adverse administrative proceeding. Any person subject to this
Code who, having reason to believe that an adverse
administrative proceeding is pending against any person
subject to this Code, wrongfully acts with the intent:
(1) to influence, impede, or obstruct the conduct of
the proceeding; or
(2) otherwise to obstruct the due administration of
justice;
shall be punished as a court-martial may direct.
(20 ILCS 1807/132)
Sec. 132. Article 132. Retaliation Frauds against the
government.
(a) Any person subject to this Code who, with the intent to
retaliate against any person for reporting or planning to
report a criminal offense, or making or planning to make a
protected communication, or with the intent to discourage any
person from reporting a criminal offense or making or planning
to make a protected communication:
(1) wrongfully takes or threatens to take an adverse
personnel action against any person; or
(2) wrongfully withholds or threatens to withhold a
favorable personnel action with respect to any person;
shall be punished as a court-martial may direct.
(b) In this Article:
(1) "Protected communication" means the following:
(A) A lawful communication to a Member of Congress
or an Inspector General.
(B) A communication to a covered individual or
organization in which a member of the State military
forces complains of, or discloses information that the
member reasonably believes constitutes evidence of,
any of the following:
(i) A violation of law or regulation,
including a law or regulation prohibiting sexual
harassment or unlawful discrimination.
(ii) Gross mismanagement, a gross waste of
funds, an abuse of authority, or a substantial and
specific danger to public health or safety.
(2) "Inspector General" has the meaning given that term
in Section 1034(j) of Title 10 of the United States Code.
(3) "Covered individual or organization" means any
recipient of a communication specified in clauses (i)
through (v) of Section 1034(b)(1)(B) of Title 10 of this
Code.
(4) "Unlawful discrimination" means discrimination on
the basis of race, color, religion, sex, or national
origin.
Any person subject to this Code:
(1) who, knowing it to be false or fraudulent:
(A) makes any claim against the United States, this
State, or any officer thereof; or
(B) presents to any person in the civil or military
service thereof, for approval or payment, any claim
against the United States, this State, or any officer
thereof;
(2) who, for the purpose of obtaining the approval,
allowance, or payment of any claim against the United
States, this State, or any officer thereof:
(A) makes or uses any writing or other paper
knowing it to contain any false or fraudulent
statements;
(B) makes any oath, affirmation, or certification
to any fact or to any writing or other paper knowing
the oath, affirmation, or certification to be false; or
(C) forges or counterfeits any signature upon any
writing or other paper, or uses any such signature
knowing it to be forged or counterfeited;
(3) who, having charge, possession, custody, or
control of any money, or other property of the United
States or this State, furnished or intended for the armed
forces of the United States or the State military forces,
knowingly delivers to any person having authority to
receive it, any amount thereof less than that for which he
receives a certificate or receipt; or
(4) who, being authorized to make or deliver any paper
certifying the receipt of any property of the United States
or this State, furnished or intended for the armed forces
of the United States or the State military forces, makes or
delivers to any person such writing without having full
knowledge of the truth of the statements therein contained
and with intent to defraud the United States or this State;
shall, upon conviction, be punished as a court-martial may
direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/133)
Sec. 133. Article 133. Conduct unbecoming an officer and a
gentleman. Any commissioned officer, cadet, candidate, or
midshipman who is convicted of conduct unbecoming an officer
and a gentleman shall be punished as a court-martial may
direct.
(Source: P.A. 99-796, eff. 1-1-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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