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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Reinserts the provisions of the introduced bill, but with the following changes. Removes provisions relating to, among other things, the following: desertion; offenses against correctional custody and restriction; spies; espionage; public records; forgery; mail; leaving the scene of a vehicle accident; drunken or reckless operation of a vehicle, aircraft, or vessel; endangerment; murder; manslaughter; death or injury of an unborn child; child endangerment; rape and sexual assault of adults and children; other sexual misconduct; larceny; fraudulent use of credit cards and debit cards; robbery; receiving stolen property; directing payment of money without sufficient funds; frauds against the United States; bribery; graft; kidnapping; arson; extortion; assault; maiming; burglary; stalking; perjury; subornation of perjury; obstructing justice; misprision; wrongful refusal to testify; and prevention of authorized seizure of property. Provides that certain regulations shall be prescribed by the Secretary of the Army or the Air Force. Removes punishment by death for committing specified offenses and instead provides that the punishment shall be as a court-martial may direct. Effective immediately.

Spectrum: Strong Partisan Bill (Republican 10-1)

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

Download: Illinois-2019-SB2076-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB2076 Introduced 2/15/2019, by Sen. Brian W. Stewart SYNOPSIS AS INTRODUCED:
See Index
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.
LRB101 09477 CPF 54575 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB2076 LRB101 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, 85, 87, 89, 90, 94,
95, 96, 98, 99, 100, 101, 102, 103, 104, 105, 106, 106a, 107,
110, 111, 112, 113, 114, 115, 118, 119, 119b, 120, 121, 122,
123, 123a, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133,
and 134 and by adding Sections 87a, 87b, 93a, 95a, 103a, 103b,
104a, 104b, 105a, 107a, 108a, 109a, 119a, 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

SB2076 - 2 - LRB101 09477 CPF 54575 b
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, if death results to one or more
of the victims, by death or such other punishment as a
court-martial or military commission may direct, and, if death
does not result to any of the victims, by such punishment,
other than death, as a court-martial or military commission may
direct.

SB2076 - 3 - LRB101 09477 CPF 54575 b
(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

SB2076 - 4 - LRB101 09477 CPF 54575 b
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.)

SB2076 - 5 - LRB101 09477 CPF 54575 b
(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 1807/85)
Sec. 85. Article 85. Desertion.
(a) Any member of the State military forces who:
(1) without authority goes or remains absent from his
unit, organization, or place of duty with intent to remain
away therefrom permanently;
(2) quits his unit, organization, or place of duty with
intent to avoid hazardous duty or to shirk important
service; or
(3) without being regularly separated from one of the

SB2076 - 6 - LRB101 09477 CPF 54575 b
State military forces enlists or accepts an appointment in
the same or another one of the State military forces, or in
one of the armed forces of the United States, without fully
disclosing the fact that he has not been regularly
separated, or enters any foreign armed service except when
authorized by the United States;
is guilty of desertion.
(b) Any commissioned officer of the State military forces
who, after tender of his resignation and before notice of its
acceptance, quits his post or proper duties without leave and
with intent to remain away therefrom permanently is guilty of
desertion.
(c) Any person found guilty of desertion or attempt to
desert shall be punished, if the offense is committed in time
of war, by death confinement of not more than 10 years or such
other punishment as a court-martial may direct, but if the
desertion or attempt to desert occurs at any other time, by
such punishment, other than death, 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

SB2076 - 7 - LRB101 09477 CPF 54575 b
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. Offenses against correctional
custody and restriction.
(a) Any person subject to this Code:
(1) who is placed in correctional custody by a person
authorized to do so;
(2) who, while in correctional custody, is under
physical restraint; and
(3) who escapes from the physical restraint before
being released from the physical restraint by proper

SB2076 - 8 - LRB101 09477 CPF 54575 b
authority
shall be punished as a court-martial may direct.
(b) Any person subject to this Code:
(1) who is placed in correctional custody by a person
authorized to do so;
(2) who, while in correctional custody, is under
restraint other than physical restraint; and
(3) who goes beyond the limits of the restraint before
being released from the correctional custody or relieved of
the restraint by proper authority;
shall be punished as a court-martial may direct.
(c) Any person subject to this Code:
(1) who is ordered to be restricted to certain limits
by a person authorized to do so; and
(2) who, with knowledge of the limits of the
restriction, goes beyond those limits before being
released by proper authority;
shall be punished as a court-martial may direct.
(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.

SB2076 - 9 - LRB101 09477 CPF 54575 b
(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:
(1) if the offense is committed in time of war, by
death or such other punishment as a court-martial may
direct; and
(2) if the offense is committed at any other time, by
such punishment, other than death, 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:
(1) if the offense is committed in time of war, by
death or such other punishment as a court-martial may
direct 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; and or
(2) if the offense is committed at any other time, by
such punishment, other than death, as a court-martial may
direct. willfully disobeys a lawful command of his superior

SB2076 - 10 - LRB101 09477 CPF 54575 b
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

SB2076 - 11 - LRB101 09477 CPF 54575 b
prohibited sexual activity with a specially protected
junior member of the armed 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 concerned, 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

SB2076 - 12 - LRB101 09477 CPF 54575 b
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 concerned, 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
concerned, 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 concerned, has the
primary duty to recruit persons for military service.
(5) "Prohibited sexual activity" means, as specified
in regulations prescribed by the Secretary concerned,
inappropriate physical intimacy under circumstances
described in such regulations.
(20 ILCS 1807/94)
Sec. 94. Article 94. Mutiny or sedition.
(a) Any person subject to this Code who:
(1) with intent to usurp or override lawful military
authority, refuses, in concert with any other person, to

SB2076 - 13 - LRB101 09477 CPF 54575 b
obey orders or otherwise do his duty or creates any
violence or disturbance is guilty of mutiny;
(2) with intent to cause the overthrow or destruction
of lawful civil authority, creates, in concert with any
other person, revolt, violence, or other disturbance
against that authority is guilty of sedition; or
(3) fails to do his utmost to prevent and suppress a
mutiny or sedition being committed in his presence, or
fails to take all reasonable means to inform his superior
commissioned officer or commanding officer of a mutiny or
sedition which he knows or has reason to believe is taking
place, is guilty of a failure to suppress or report a
mutiny or sedition.
(b) A person who is found guilty of attempted mutiny,
mutiny, sedition, or failure to suppress or report a mutiny or
sedition shall be punished by death or such punishment as a
court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/95)
Sec. 95. Article 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:
(1) if the offense is committed in time of war, by

SB2076 - 14 - LRB101 09477 CPF 54575 b
death or such other punishment as a court-martial may
direct; and
(2) if the offense is committed other than in time of
war, by such punishment, other than death, 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

SB2076 - 15 - LRB101 09477 CPF 54575 b
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)

SB2076 - 16 - LRB101 09477 CPF 54575 b
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 1807/99)
Sec. 99. Article 99. Misbehavior before the enemy. Any
person subject to this Code who before or in the presence of
the enemy:
(1) runs away;
(2) shamefully abandons, surrenders, or delivers up
any command, unit, place, or military property which it is
his duty to defend;

SB2076 - 17 - LRB101 09477 CPF 54575 b
(3) through disobedience, neglect, or intentional
misconduct endangers the safety of any such command, unit,
place, or military property;
(4) casts away his arms or ammunition;
(5) is guilty of cowardly conduct;
(6) quits his place of duty to plunder or pillage;
(7) causes false alarms in any command, unit, or place
under control of the armed forces of the United States or
the State military forces;
(8) willfully fails to do his utmost to encounter,
engage, capture, or destroy any enemy troops, combatants,
vessels, aircraft, or any other thing, which it is his duty
so to encounter, engage, capture, or destroy; or
(9) does not afford all practicable relief and
assistance to any troops, combatants, vessels, or aircraft
of the armed forces belonging to the United States or their
allies, to the State, or to any other state, when engaged
in battle;
shall be punished by death or such other punishment as a
court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/100)
Sec. 100. Article 100. Subordinate compelling surrender.
Any person subject to this Code who compels or attempts to
compel the commander of any of the State military forces of

SB2076 - 18 - LRB101 09477 CPF 54575 b
this State, or of any other state, place, vessel, aircraft, or
other military property, or of any body of members of the armed
forces, to give it up to an enemy or to abandon it, or who
strikes the colors or flag to an enemy without proper
authority, shall be punished death or such other punishment as
a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/101)
Sec. 101. Article 101. Improper use of countersign. Any
person subject to this Code who in time of war discloses the
parole or countersign to any person not entitled to receive it
or who gives to another, who is entitled to receive and use the
parole or countersign, a different parole or countersign from
that which, to his knowledge, he was authorized and required to
give, shall be punished by death or such other punishment as a
court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/102)
Sec. 102. Article 102. Forcing a safeguard. Any person
subject to this Code who forces a safeguard shall be punished
by death or such other punishment as a court-martial may
direct.
(Source: P.A. 99-796, eff. 1-1-17.)

SB2076 - 19 - LRB101 09477 CPF 54575 b
(20 ILCS 1807/103)
Sec. 103. Article 103. Spies Captured or abandoned
property. Any person who in time of war is found lurking as a
spy or acting as a spy in or about any place, vessel, or
aircraft, within the control or jurisdiction of any of the
State military forces, or in or about any shipyard, any
manufacturing or industrial plant, or any other place or
institution engaged in work in aid of the prosecution of the
war by the United States, or elsewhere, shall be tried by a
general court-martial or by a military commission and on
conviction shall be punished by death or such other punishment
as a court-martial or a military commission may direct. This
Article does not apply to a military commission established
under Chapter 47A of Title 10 of the United States Code.
(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

SB2076 - 20 - LRB101 09477 CPF 54575 b
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. Espionage.
(a)(1) Any person subject to this Code who, with intent or
reason to believe that it is to be used to the injury of the
United States or to the advantage of a foreign nation,
communicates, delivers, or transmits, or attempts to
communicate, deliver, or transmit, to any entity described in
paragraph (2), either directly or indirectly, anything
described in paragraph (3) shall be punished as a court-martial
may direct, except that if the accused is found guilty of an
offense that directly concerns (A) nuclear weaponry, military
spacecraft or satellites, early warning systems, or other means
of defense or retaliation against large scale attack, (B) war
plans, (C) communications intelligence or cryptographic
information, or (D) any other major weapons system or major
element of defense strategy, the accused shall be punished by
death or such other punishment as a court-martial may direct.
(2) An entity referred to in paragraph (1) is:
(A) a foreign government;
(B) a faction or party or military or naval force
within a foreign country, whether recognized or

SB2076 - 21 - LRB101 09477 CPF 54575 b
unrecognized by the United States; or
(C) a representative, officer, agent, employee,
subject, or citizen of such a government, faction,
party, or force.
(3) A thing referred to in paragraph (1) is a document,
writing, code book, signal book, sketch, photograph,
photographic negative, blueprint, plan, map, model, note,
instrument, appliance, or information relating to the
national defense.
(b)(1) No person may be sentenced by court-martial to
suffer death for an offense under this Article unless:
(A) the members of the court-martial unanimously
find at least one of the aggravating factors set out in
subsection (c); and
(B) the members unanimously determine that any
extenuating or mitigating circumstances are
substantially outweighed by any aggravating
circumstances, including the aggravating factors set
out in subsection (c).
(2) Findings under this subsection may be based on:
(A) evidence introduced on the issue of guilt or
innocence;
(B) evidence introduced during the sentencing
proceeding; or
(C) all such evidence.
(3) The accused shall be given broad latitude to

SB2076 - 22 - LRB101 09477 CPF 54575 b
present matters in extenuation and mitigation.
(c) A sentence of death may be adjudged by a court-martial
for an offense under this Article only if the members
unanimously find, beyond a reasonable doubt, one or more of the
following aggravating factors:
(1) The accused has been convicted of another offense
involving espionage or treason for which either a sentence
of death or imprisonment for life was authorized by
statute.
(2) In the commission of the offense, the accused
knowingly created a grave risk of substantial damage to the
national security.
(3) In the commission of the offense, the accused
knowingly created a grave risk of death to another person.
(4) Any other factor that may be prescribed by the
Governor by regulations under Article 36 of this Code.
(20 ILCS 1807/103b new)
Sec. 103b. Article 103a. 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 suffer death or such other punishment as a court-martial

SB2076 - 23 - LRB101 09477 CPF 54575 b
or military commission may direct.
(20 ILCS 1807/104)
Sec. 104. Article 104. Public records offenses Aiding the
enemy. Any person subject to this Code who, willfully and
unlawfully:
(1) alters, conceals, removes, mutilates, obliterates,
or destroys a public record aids, or attempts to aid, the
enemy with arms, ammunition, supplies, money, or other
things; or
(2) takes a public record with the intent to alter,
conceal, remove, mutilate, obliterate, or destroy the
public record 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

SB2076 - 24 - LRB101 09477 CPF 54575 b
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. Forgery. Misconduct as prisoner. Any
person subject to this Code who, with intent to defraud while
in the hands of the enemy in time of war:
(1) falsely makes or alters any signature to, or any
part of, any writing which would, if genuine, apparently
impose a legal liability on another or change his or her
legal right or liability to his or her prejudice for the
purpose of securing favorable treatment by his captors acts
without proper authority in a manner contrary to law,

SB2076 - 25 - LRB101 09477 CPF 54575 b
custom, or regulation, to the detriment of others of
whatever nationality held by the enemy as civilian or
military prisoners; or
(2) utters, offers, issues, or transfers such a
writing, known by him to be so made or altered while in a
position of authority over such persons maltreats them
without justifiable cause;
is guilty of a forgery and 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

SB2076 - 26 - LRB101 09477 CPF 54575 b
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. 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

SB2076 - 27 - LRB101 09477 CPF 54575 b
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. 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.

SB2076 - 28 - LRB101 09477 CPF 54575 b
(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

SB2076 - 29 - LRB101 09477 CPF 54575 b
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. Mail matter; wrongful taking;
opening.
(a) Any person subject to this Code who, with the intent to
obstruct the correspondence of, or to pry into the business or
secrets of, any person or organization, wrongfully takes mail
matter before the mail matter is delivered to or received by
the addressee shall be punished as a court-martial may direct.
(b) Any person subject to this Code who wrongfully opens,
secretes, destroys, or steals mail matter before the mail
matter is delivered to or received by the addressee shall be
punished as a court-martial may direct.

SB2076 - 30 - LRB101 09477 CPF 54575 b
(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 my death or suffer such other
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 1807/111)
Sec. 111. Article 111. Article 111. Leaving scene of
vehicle accident (Reserved).
(a) Any person subject to this Code:
(1) who is the driver of a vehicle that is involved in
an accident that results in personal injury or property
damage; and
(2) who wrongfully leaves the scene of the accident:
(A) without providing assistance to an injured
person; or
(B) without providing personal identification to

SB2076 - 31 - LRB101 09477 CPF 54575 b
others involved in the accident or to appropriate
authorities;
shall be punished as a court-martial may direct.
(b) Any person subject to this Code:
(1) who is a passenger in a vehicle that is involved in
an accident that results in personal injury or property
damage;
(2) who is the superior commissioned or
noncommissioned officer of the driver of the vehicle or is
the commander of the vehicle; and
(3) who wrongfully and unlawfully orders, causes, or
permits the driver to leave the scene of the accident:
(A) without providing assistance to an injured
person; or
(B) without providing personal identification to
others involved in the accident or to appropriate
authorities;
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. 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.

SB2076 - 32 - LRB101 09477 CPF 54575 b
(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. Article 113. Drunken or reckless
operation of a vehicle, aircraft, or vessel Misbehavior of
sentinel.
(a) Any person subject to this Code who: 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.
(1) operates or physically controls any vehicle,
aircraft, or vessel in a reckless or wanton manner or while
impaired by a substance described in subsection (b) of
Article 112a; or
(2) operates or is in actual physical control of any
vehicle, aircraft, or vessel while drunk or when the

SB2076 - 33 - LRB101 09477 CPF 54575 b
alcohol concentration in the person's blood or breath is
equal to or exceeds the applicable limit under subsection
(b);
shall be punished as a court-martial may direct.
(b)(1) For purposes of subsection (a), the applicable limit
on the alcohol concentration in a person's blood or breath is
as follows:
(A) In the case of the operation or control of a
vehicle, aircraft, or vessel in the United States, such
limit is the lesser of:
(i) the blood alcohol content limit under the law
of the State in which the conduct occurred, except as
may be provided under paragraph (2) for conduct on a
military installation that is in more than one State;
or
(ii) the blood alcohol content limit specified in
paragraph (3).
(B) In the case of the operation or control of a
vehicle, aircraft, or vessel outside the United States, the
applicable blood alcohol content limit is the blood alcohol
content limit specified in paragraph (3) or such lower
limit as the Secretary of Defense may by regulation
prescribe.
(2) In the case of a military installation that is in more
than one state, if those states have different blood alcohol
content limits under their respective state laws, the Secretary

SB2076 - 34 - LRB101 09477 CPF 54575 b
may select one such blood alcohol content limit to apply
uniformly on that installation.
(3) For purposes of paragraph (1), the blood alcohol
content limit with respect to alcohol concentration in a
person's blood is 0.08 grams of alcohol per 100 milliliters of
blood and with respect to alcohol concentration in a person's
breath is 0.08 grams of alcohol per 210 liters of breath, as
shown by chemical analysis. The Secretary may by regulation
prescribe limits that are lower than the limits specified in
the preceding sentence, if such lower limits are based on
scientific developments, as reflected in federal law of general
applicability.
(4) In this subsection:
(A) "Blood alcohol content limit" means the amount of
alcohol concentration in a person's blood or breath at
which operation or control of a vehicle, aircraft, or
vessel is prohibited.
(B) "United States" includes the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
and American Samoa and the term "state" includes each of
those jurisdictions.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/114)
Sec. 114. Article 114. Article 114. Endangerment offenses
Dueling.

SB2076 - 35 - LRB101 09477 CPF 54575 b
(a) Any person subject to this Code who engages in conduct
that: fights or promotes, or is concerned in or connives at
fighting a duel, or who, having knowledge of a challenge sent
or about to be sent, fails to report the fact promptly to the
proper authority, shall be punished as a court-martial may
direct.
(1) is wrongful and reckless or is wanton; and
(2) is likely to produce death or grievous bodily harm
to another person;
shall be punished as a court-martial may direct.
(b) Any person subject to this Code:
(1) who fights or promotes, or is concerned in or
connives at fighting, a duel; or
(2) who, having knowledge of a challenge sent or about
to be sent, fails to report the facts promptly to the
proper authority;
shall be punished as a court-martial may direct.
(c) Any person subject to this Code who, willfully and
wrongly, discharges a firearm, under circumstances such as to
endanger human life, shall be punished as a court-martial may
direct.
(d) Any person subject to this Code who unlawfully carries
a dangerous weapon concealed on or about his or her person
shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)

SB2076 - 36 - LRB101 09477 CPF 54575 b
(20 ILCS 1807/115)
Sec. 115. Article 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

SB2076 - 37 - LRB101 09477 CPF 54575 b
(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 1807/118)
Sec. 118. Article 118. Article 118. Murder (Reserved). Any
person subject to this Code who, without justification or
excuse, unlawfully kills a human being, when he or she:
(1) has a premeditated design to kill;
(2) intends to kill or inflict great bodily harm;
(3) is engaged in an act which is inherently dangerous
to another and evinces a wanton disregard of human life; or
(4) is engaged in the perpetration or attempted
perpetration of burglary, rape, rape of a child, sexual
assault, sexual assault of a child, aggravated sexual
contact, sexual abuse of a child, robbery or aggravated
arson; is guilty of murder, and shall suffer such
punishment as a court-martial may direct, except that if
found guilty under paragraph (1) or (4), he or she shall
suffer death or imprisonment for life as a court-martial
may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/119)
Sec. 119. Article 119. Article 119. Manslaughter
(Reserved).

SB2076 - 38 - LRB101 09477 CPF 54575 b
(a) Any person subject to this Code who, with an intent to
kill or inflict great bodily harm, unlawfully kills a human
being in the heat of sudden passion caused by adequate
provocation is guilty of voluntary manslaughter and shall be
punished as a court-martial may direct.
(b) Any person subject to this Code who, without an intent
to kill or inflict great bodily harm, unlawfully kills a human
being:
(1) by culpable negligence; or
(2) while perpetrating or attempting to perpetrate an
offense, other than those named in paragraph (4) of Article
118, directly affecting the person;
is guilty of involuntary manslaughter and 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. Death or injury of an unborn
child.
(a)(1) Any person subject to this Code who engages in
conduct that violates any of the provisions of law listed in
subsection (b) and thereby causes the death of, or bodily
injury (as defined in Section 1365 of Title 18 of the United
States Code) to, a child, who is in utero at the time the
conduct takes place, is guilty of a separate offense under this
Article and shall, upon conviction, be punished by such

SB2076 - 39 - LRB101 09477 CPF 54575 b
punishment, other than death, as a court-martial may direct,
which shall be consistent with the punishments prescribed by
the Governor for that conduct had that injury or death occurred
to the unborn child's mother.
(2) An offense under this Article does not require
proof that:
(A) the person engaging in the conduct had
knowledge or should have had knowledge that the victim
of the underlying offense was pregnant; or
(B) the accused intended to cause the death of, or
bodily injury to, the unborn child.
(3) If the person engaging in the conduct thereby
intentionally kills or attempts to kill the unborn child,
that person shall, instead of being punished under
paragraph (1), be punished as provided under Articles 80,
119, and 119(a) of this Code for intentionally killing or
attempting to kill a human being.
(4) Notwithstanding any other provision of law, the
death penalty shall not be imposed for an offense under
this Article.
(b) The provisions referred to in subsection (a) are
Articles 118, 119(a), 119(b)(2), 120(a), 122, 126, 128, and
128a of this Code.
(c) Nothing in this Article shall be construed to permit
the prosecution:
(1) of any person for conduct relating to an abortion

SB2076 - 40 - LRB101 09477 CPF 54575 b
for which the consent of the pregnant woman, or a person
authorized by law to act on her behalf, has been obtained
or for which such consent is implied by law;
(2) of any person for any medical treatment of the
pregnant woman or her unborn child; or
(3) of any woman with respect to her unborn child.
(d) In this Article, "unborn child" means a child in utero,
and "child in utero" or "child, who is in utero" means a member
of the species homo sapiens, at any stage of development, who
is carried in the womb.
(20 ILCS 1807/119b new)
Sec. 119b. Article 119b. Child endangerment. Any person
subject to this Code:
(1) who has a duty for the care of a child under the
age of 16 years; and
(2) who, through design or culpable negligence,
endangers the child's mental or physical health, safety, or
welfare;
shall be punished as a court-martial may direct.
(20 ILCS 1807/120)
Sec. 120. Article 120. Rape and sexual assault generally
(Reserved).
(a) Any person subject to this Code who commits a sexual
act upon another person by:

SB2076 - 41 - LRB101 09477 CPF 54575 b
(1) using unlawful force against that other person;
(2) using force causing or likely to cause death or
grievous bodily harm to any person;
(3) threatening or placing that other person in fear
that any person will be subjected to death, grievous bodily
harm, or kidnapping;
(4) first rendering that other person unconscious; or
(5) administering to that other person by force or
threat of force, or without the knowledge or consent of
that person, a drug, intoxicant, or other similar substance
and thereby substantially impairing the ability of that
other person to appraise or control conduct;
is guilty of rape and shall be punished as a court-martial may
direct.
(b) Any person subject to this Code who:
(1) commits a sexual act upon another person by:
(A) threatening or placing that other person in
fear;
(B) making a fraudulent representation that the
sexual act serves a professional purpose; or
(C) inducing a belief by any artifice, pretense, or
concealment that the person is another person;
(2) commits a sexual act upon another person:
(A) without the consent of the other person; or
(B) when the person knows or reasonably should know
that the other person is asleep, unconscious, or

SB2076 - 42 - LRB101 09477 CPF 54575 b
otherwise unaware that the sexual act is occurring;
(3) commits a sexual act upon another person when the
other person is incapable of consenting to the sexual act
due to:
(A) impairment by any drug, intoxicant, or other
similar substance, and that condition is known or
reasonably should be known by the person; or
(B) a mental disease or defect, or physical
disability, and that condition is known or reasonably
should be known by the person;
is guilty of sexual assault and shall be punished as a
court-martial may direct.
(c) Any person subject to this Code who commits or causes
sexual contact upon or by another person, if to do so would
violate subsection (a) (rape) had the sexual contact been a
sexual act, is guilty of aggravated sexual contact and shall be
punished as a court-martial may direct.
(d) Any person subject to this Code who commits or causes
sexual contact upon or by another person, if to do so would
violate subsection (b) (sexual assault) had the sexual contact
been a sexual act, is guilty of abusive sexual contact and
shall be punished as a court-martial may direct.
(e) In a prosecution under this Article, in proving that a
person made a threat, it need not be proven that the person
actually intended to carry out the threat or had the ability to
carry out the threat.

SB2076 - 43 - LRB101 09477 CPF 54575 b
(f) An accused may raise any applicable defenses available
under this Code or the Rules for Court-Martial as described in
the Manual for Courts-Martial, United States (2012 Edition).
Marriage is not a defense for any conduct in issue in any
prosecution under this Article.
(g) In this Article:
(1) "Sexual act" means:
(A) the penetration, however slight, of the penis
into the vulva or anus or mouth;
(B) contact between the mouth and the penis, vulva,
scrotum, or anus; or
(C) the penetration, however slight, of the vulva
or penis or anus of another by any part of the body or
any object, with an intent to abuse, humiliate, harass,
or degrade any person or to arouse or gratify the
sexual desire of any person.
(2) "Sexual contact" means touching, or causing
another person to touch, either directly or through the
clothing, the vulva, penis, scrotum, anus, groin, breast,
inner thigh, or buttocks of any person, with an intent to
abuse, humiliate, harass, or degrade any person or to
arouse or gratify the sexual desire of any person. Touching
may be accomplished by any part of the body or an object.
(3) "Grievous bodily harm" means serious bodily
injury. It includes fractured or dislocated bones, deep
cuts, torn members of the body, serious damage to internal

SB2076 - 44 - LRB101 09477 CPF 54575 b
organs, and other severe bodily injuries. It does not
include minor injuries such as a black eye or a bloody
nose.
(4) "Force" means:
(A) the use of a weapon;
(B) the use of such physical strength or violence
as is sufficient to overcome, restrain, or injure a
person; or
(C) inflicting physical harm sufficient to coerce
or compel submission by the victim.
(5) "Unlawful force" means an act of force done without
legal justification or excuse.
(6) "Threatening or placing that other person in fear"
means a communication or action that is of sufficient
consequence to cause a reasonable fear that non-compliance
will result in the victim or another person being subjected
to the wrongful action contemplated by the communication or
action.
(7)(A) "Consent" means a freely given agreement to the
conduct at issue by a competent person. An expression of
lack of consent through words or conduct means there is no
consent. Lack of verbal or physical resistance does not
constitute consent. Submission resulting from the use of
force, threat of force, or placing another person in fear
also does not constitute consent. A current or previous
dating or social or sexual relationship by itself or the

SB2076 - 45 - LRB101 09477 CPF 54575 b
manner of dress of the person involved with the accused in
the conduct at issue does not constitute consent.
(B) A sleeping, unconscious, or incompetent person
cannot consent. A person cannot consent to force causing or
likely to cause death or grievous bodily harm or to being
rendered unconscious. A person cannot consent while under
threat or in fear or under the circumstances described in
subparagraph (B) or (C) of paragraph (1) of subsection (b).
(C) All the surrounding circumstances are to be
considered in determining whether a person gave consent.
(8) "Incapable of consenting" means the person is:
(A) incapable of appraising the nature of the
conduct at issue; or
(B) physically incapable of declining
participation in, or communicating unwillingness to
engage in, the sexual act at issue.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/120a new)
Sec. 120a. Article 120a. Mails; deposit of obscene matter.
Any person subject to this Code who, wrongfully and knowingly,
deposits obscene matter for mailing and delivery shall be
punished as a court-martial may direct.
(20 ILCS 1807/120b new)
Sec. 120b. Article 120b. Rape and sexual assault of a

SB2076 - 46 - LRB101 09477 CPF 54575 b
child.
(a) Any person subject to this Code who:
(1) commits a sexual act upon a child who has not
attained the age of 12 years; or
(2) commits a sexual act upon a child who has attained
the age of 12 years by:
(A) using force against any person;
(B) threatening or placing that child in fear;
(C) rendering that child unconscious; or
(D) administering to that child a drug,
intoxicant, or other similar substance;
is guilty of rape of a child and shall be punished as a
court-martial may direct.
(b) Any person subject to this Code who commits a sexual
act upon a child who has attained the age of 12 years is guilty
of sexual assault of a child and shall be punished as a
court-martial may direct.
(c) Any person subject to this Code who commits a lewd act
upon a child is guilty of sexual abuse of a child and shall be
punished as a court-martial may direct.
(d)(1) In a prosecution under this Article, it need not be
proven that the accused knew the age of the other person
engaging in the sexual act or lewd act. It is not a defense
that the accused reasonably believed that the child had
attained the age of 12 years.
(2) In a prosecution under this Article, it need not be

SB2076 - 47 - LRB101 09477 CPF 54575 b
proven that the accused knew that the other person engaging in
the sexual act or lewd act had not attained the age of 16
years, but it is a defense in a prosecution under subsection
(b) (sexual assault of a child) or subsection (c) (sexual abuse
of a child), which the accused must prove by a preponderance of
the evidence, that the accused reasonably believed that the
child had attained the age of 16 years, if the child had in
fact attained at least the age of 12 years.
(e) In a prosecution under this Article, in proving that a
person made a threat, it need not be proven that the person
actually intended to carry out the threat or had the ability to
carry out the threat.
(f) In a prosecution under subsection (b) or subsection
(c), it is a defense, which the accused must prove by a
preponderance of the evidence, that the persons engaging in the
sexual act or lewd act were at that time married to each other,
except where the accused commits a sexual act upon the person
when the accused knows or reasonably should know that the other
person is asleep, unconscious, or otherwise unaware that the
sexual act is occurring or when the other person is incapable
of consenting to the sexual act due to impairment by any drug,
intoxicant, or other similar substance, and that condition was
known or reasonably should have been known by the accused.
(g) Lack of consent is not an element and need not be
proven in any prosecution under this Article. A child not
legally married to the person committing the sexual act, lewd

SB2076 - 48 - LRB101 09477 CPF 54575 b
act, or use of force cannot consent to any sexual act, lewd
act, or use of force.
(h) In this Article:
(1) "Sexual act" and "sexual contact" have the meanings
given those terms in subsection (g) of Article 120, except
that the term "sexual act" also includes the intentional
touching, not through the clothing, of the genitalia of
another person who has not attained the age of 16 years
with an intent to abuse, humiliate, harass, degrade, or
arouse or gratify the sexual desire of any person.
(2) "Force" means:
(A) the use of a weapon;
(B) the use of such physical strength or violence
as is sufficient to overcome, restrain, or injure a
child; or
(C) inflicting physical harm.
In the case of a parent-child or similar
relationship, the use or abuse of parental or similar
authority is sufficient to constitute the use of force.
(3) "Threatening or placing that child in fear" means a
communication or action that is of sufficient consequence
to cause the child to fear that non-compliance will result
in the child or another person being subjected to the
action contemplated by the communication or action.
(4) "Child" means any person who has not attained the
age of 16 years.

SB2076 - 49 - LRB101 09477 CPF 54575 b
(5) "Lewd act" means:
(A) any sexual contact with a child;
(B) intentionally exposing one's genitalia, anus,
buttocks, or female areola or nipple to a child by any
means, including via any communication technology,
with an intent to abuse, humiliate, or degrade any
person, or to arouse or gratify the sexual desire of
any person;
(C) intentionally communicating indecent language
to a child by any means, including via any
communication technology, with an intent to abuse,
humiliate, or degrade any person, or to arouse or
gratify the sexual desire of any person; or
(D) any indecent conduct, intentionally done with
or in the presence of a child, including via any
communication technology, that amounts to a form of
immorality relating to sexual impurity which is
grossly vulgar, obscene, and repugnant to common
propriety, and tends to excite sexual desire or deprave
morals with respect to sexual relations.
(20 ILCS 1807/120c new)
Sec. 120c. Article 120c. Other sexual misconduct.
(a) Any person subject to this Code who, without legal
justification or lawful authorization:
(1) knowingly and wrongfully views the private area of

SB2076 - 50 - LRB101 09477 CPF 54575 b
another person, without that other person's consent and
under circumstances in which that other person has a
reasonable expectation of privacy;
(2) knowingly photographs, videotapes, films, or
records by any means the private area of another person,
without that other person's consent and under
circumstances in which that other person has a reasonable
expectation of privacy; or
(3) knowingly broadcasts or distributes any such
recording that the person knew or reasonably should have
known was made under the circumstances proscribed in
paragraphs (1) and (2);
is guilty of an offense under this Article and shall be
punished as a court-martial may direct.
(b) Any person subject to this Code who compels another
person to engage in an act of prostitution with any person is
guilty of forcible pandering and shall be punished as a
court-martial may direct.
(c) Any person subject to this Code who intentionally
exposes, in an indecent manner, the genitalia, anus, buttocks,
or female areola or nipple is guilty of indecent exposure and
shall by punished as a court-martial may direct.
(d) In this Article:
(1) "Act of prostitution" means a sexual act or sexual
contact (as defined in subsection (g) of Article 120) on
account of which anything of value is given to, or received

SB2076 - 51 - LRB101 09477 CPF 54575 b
by, any person.
(2) "Private area" means the naked or underwear-clad
genitalia, anus, buttocks, or female areola or nipple.
(3) "Under circumstances in which that other person has
a reasonable expectation of privacy" means:
(A) circumstances in which a reasonable person
would believe that he or she could disrobe in privacy,
without being concerned that an image of a private area
of the person was being captured; or
(B) circumstances in which a reasonable person
would believe that a private area of the person would
not be visible to the public.
(4) "Broadcast" means to electronically transmit a
visual image with the intent that it be viewed by a person
or persons.
(5) "Distribute" means delivering to the actual or
constructive possession of another, including transmission
by electronic means.
(6) "Indecent manner" means conduct that amounts to a
form of immorality relating to sexual impurity which is
grossly vulgar, obscene, and repugnant to common
propriety, and tends to excite sexual desire or deprave
morals with respect to sexual relations.
(20 ILCS 1807/121)
Sec. 121. Article 121. Larceny and wrongful appropriation

SB2076 - 52 - LRB101 09477 CPF 54575 b
(Reserved).
(a) Any person subject to this Code who wrongfully takes,
obtains, or withholds, by any means, from the possession of the
owner or of any other person any money, personal property, or
article of value of any kind:
(1) with intent permanently to deprive or defraud
another person of the use and benefit of property or to
appropriate it to his or her own use or the use of any
person other than the owner, steals that property and is
guilty of larceny; or
(2) with intent temporarily to deprive or defraud
another person of the use and benefit of property or to
appropriate it to his or her own use or the use of any
person other than the owner, is guilty of wrongful
appropriation.
(b) Any person found guilty of larceny or wrongful
appropriation shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/121a new)
Sec. 121a. Article 121a. Fraudulent use of credit cards,
debit cards, and other access devices.
(a) Any person subject to this Code who, knowingly and with
intent to defraud, uses:
(1) a stolen credit card, debit card, or other access
device;

SB2076 - 53 - LRB101 09477 CPF 54575 b
(2) a revoked, cancelled, or otherwise invalid credit
card, debit card, or other access device; or
(3) a credit card, debit card, or other access device
without the authorization of a person whose authorization
is required for such use; to obtain money, property,
services, or anything else of value shall be punished as a
court-martial may direct.
(b) In this Article, "access device" has the meaning given
that term in Section 1029 of Title 18 of the United States
Code.
(20 ILCS 1807/122)
Sec. 122. Article 122. Robbery (Reserved). Any person
subject to this Code who takes anything of value from the
person or in the presence of another, against his or her will,
by means of force or violence or fear of immediate or future
injury to his or her person or property or to the person or
property of a relative or member of his or her family or of
anyone in his or her company at the time of the robbery, is
guilty of robbery and shall be punished as a court-martial may
direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/122a new)
Sec. 122a. Article 122a. Receiving stolen property. Any
person subject to this Code who wrongfully receives, buys, or

SB2076 - 54 - LRB101 09477 CPF 54575 b
conceals stolen property, knowing the property to be stolen
property, shall be punished as a court-martial may direct.
(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

SB2076 - 55 - LRB101 09477 CPF 54575 b
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 1807/123a)
Sec. 123a. Article 123a. Making, drawing, or uttering
checks, draft, or order without sufficient funds (Reserved).
Any person subject to this Code who:
(1) for the procurement of any article or thing of
value, with intent to defraud; or
(2) for the payment of any past due obligation, or for
any other purpose, with intent to deceive; makes, draws,
utters, or delivers any check, draft, or order for the
payment of money upon any bank or other depository, knowing
at the time that the maker or drawer has not or will not
have sufficient funds in, or credit with, the bank or other
depository for the payment of that check, draft, or order
in full upon its presentment;
shall be punished as a court-martial may direct. The making,
drawing, uttering, or delivering by a maker or drawer of a
check, draft, or order, payment of which is refused by the
drawee because of insufficient funds of the maker or drawer in

SB2076 - 56 - LRB101 09477 CPF 54575 b
the drawee's possession or control, is prima facie evidence of
his or her intent to defraud or deceive and of his or her
knowledge of insufficient funds in, or credit with, that bank
or other depository, unless the maker or drawer pays the holder
the amount due within 5 days after receiving notice, orally or
in writing, that the check, draft, or order was not paid on
presentment.
In this Article, "credit" means an arrangement or
understanding, express or implied, with the bank or other
depository for the payment of that check, draft, or order.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/124)
Sec. 124. Article 124. Frauds against the United States
(Reserved). Any person subject to this Code:
(1) who, knowing it to be false or fraudulent:
(A) makes any claim against the United States 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 or any officer thereof;
(2) who, for the purpose of obtaining the approval,
allowance, or payment of any claim against the United
States or any officer thereof:
(A) makes or uses any writing or other paper
knowing it to contain any false or fraudulent

SB2076 - 57 - LRB101 09477 CPF 54575 b
statements;
(B) makes any oath to any fact or to any writing or
other paper knowing the oath 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,
furnished or intended for the armed forces thereof,
knowingly delivers to any person having authority to
receive it, any amount thereof less than that for which he
or she 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
furnished or intended for the armed forces thereof, 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;
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. Bribery.
(a) Any person subject to this Code:
(1) who occupies an official position or who has

SB2076 - 58 - LRB101 09477 CPF 54575 b
official duties; and
(2) who wrongfully asks, accepts, or receives a thing
of value with the intent to have the person's decision or
action influenced with respect to an official matter in
which the United States is interested;
shall be punished as a court-martial may direct.
(b) Any person subject to this Code who wrongfully
promises, offers, or gives a thing of value to another person,
who occupies an official position or who has official duties,
with the intent to influence the decision or action of the
other person with respect to an official matter in which the
United States is interested, shall be punished as a
court-martial may direct.
(20 ILCS 1807/124b new)
Sec. 124b. Article 124b. Graft.
(a) Any person subject to this Code:
(1) who occupies an official position or who has
official duties; and
(2) who wrongfully asks, accepts, or receives a thing
of value as compensation for or in recognition of services
rendered or to be rendered by the person with respect to an
official matter in which the United States or this State is
interested;
shall be punished as a court-martial may direct.
(b) Any person subject to this Code who wrongfully

SB2076 - 59 - LRB101 09477 CPF 54575 b
promises, offers, or gives a thing of value to another person,
who occupies an official position or who has official duties,
as compensation for or in recognition of services rendered or
to be rendered by the other person with respect to an official
matter in which the United States or this State is interested,
shall be punished as a court-martial may direct.
(20 ILCS 1807/125)
Sec. 125. Article 125. Kidnapping (Reserved). Any person
subject to this Code who wrongfully:
(1) seizes, confines, inveigles, decoys, or carries
away another person; and
(2) holds the other person against that person's will;
shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/126)
Sec. 126. Article 126. Arson; burning property with intent
to defraud (Reserved).
(a) Any person subject to this Code who, willfully and
maliciously, burns or sets on fire an inhabited dwelling, or
any other structure, movable or immovable, wherein, to the
knowledge of that person, there is at the time a human being,
is guilty of aggravated arson and shall be punished as a
court-martial may direct.
(b) Any person subject to this Code who, willfully and

SB2076 - 60 - LRB101 09477 CPF 54575 b
maliciously, burns or sets fire to the property of another is
guilty of simple arson and shall be punished as a court-martial
may direct.
(c) Any person subject to this Code who, willfully,
maliciously, and with intent to defraud, burns or sets fire to
any property shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/127)
Sec. 127. Article 127. Extortion (Reserved). Any person
subject to this Code who communicates threats to another person
with the intention thereby to obtain anything of value or any
acquittance, advantage, or immunity is guilty of extortion and
shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/128)
Sec. 128. Article 128. Assault (Reserved).
(a) Any person subject to this Code who, unlawfully and
with force or violence:
(1) attempts to do bodily harm to another person;
(2) offers to do bodily harm to another person; or
(3) does bodily harm to another person;
is guilty of assault and shall be punished as a court-martial
may direct.
(b) Any person subject to this Code:

SB2076 - 61 - LRB101 09477 CPF 54575 b
(1) who, with the intent to do bodily harm, offers to
do bodily harm with a dangerous weapon; or
(2) who, in committing an assault, inflicts
substantial bodily harm or grievous bodily harm on another
person;
is guilty of aggravated assault and shall be punished as a
court-martial may direct.
(c)(1) Any person subject to this Code who commits assault
with intent to commit an offense specified in paragraph (2)
shall be punished as a court-martial may direct.
(2) The offenses referred to in paragraph (1) are murder,
voluntary manslaughter, rape, sexual assault, rape of a child,
sexual assault of a child, robbery, arson, burglary, and
kidnapping.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/128a new)
Sec. 128a. Article 128a. Maiming. Any person subject to
this Code who, with intent to injure, disfigure, or disable,
inflicts upon the person of another an injury which:
(1) seriously disfigures his or her person by any
mutilation thereof;
(2) destroys or disables any member or organ of his or
her body; or
(3) seriously diminishes his or her physical vigor by
the injury of any member or organ;

SB2076 - 62 - LRB101 09477 CPF 54575 b
is guilty of maiming and shall be punished as a court-martial
may direct.
(20 ILCS 1807/129)
Sec. 129. Article 129. Burglary; unlawful entry
(Reserved).
(a) Any person subject to this Code who, with intent to
commit an offense under this Code, breaks and enters the
building or structure of another shall be punished as a
court-martial may direct.
(b) Any person subject to this Code who unlawfully enters:
(1) the real property of another; or
(2) the personal property of another which amounts to a
structure usually used for habitation or storage;
shall be punished as a court-martial may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/130)
Sec. 130. Article 130. Stalking (Reserved).
(a) Any person subject to this Code:
(1) who wrongfully engages in a course of conduct
directed at a specific person that would cause a reasonable
person to fear death or bodily harm, including sexual
assault, to himself or herself, to a member of his or her
immediate family, or to his or her intimate partner;
(2) who has knowledge, or should have knowledge, that

SB2076 - 63 - LRB101 09477 CPF 54575 b
the specific person will be placed in reasonable fear of
death or bodily harm, including sexual assault, to himself
or herself, to a member of his or her immediate family, or
to his or her intimate partner; and
(3) whose conduct induces reasonable fear in the
specific person of death or bodily harm, including sexual
assault, to himself or herself, to a member of his or her
immediate family, or to his or her intimate partner; is
guilty of stalking and shall be punished as a court-martial
may direct.
(b) In this Article:
(1) "Conduct" means conduct of any kind, including use
of surveillance, the mails, an interactive computer
service, an electronic communication service, or an
electronic communication system.
(2) "Course of conduct" means:
(A) a repeated maintenance of visual or physical
proximity to a specific person;
(B) a repeated conveyance of verbal threat,
written threats, or threats implied by conduct, or a
combination of such threats, directed at or toward a
specific person; or
(C) a pattern of conduct composed of repeated acts
evidencing a continuity of purpose.
(3) "Repeated", with respect to conduct, means 2 or
more occasions of such conduct.

SB2076 - 64 - LRB101 09477 CPF 54575 b
(4) "Immediate family", in the case of a specific
person, means:
(A) that person's spouse, parent, brother or
sister, child, or other person to whom he or she stands
in loco parentis; or
(B) any other person living in his or her household
and related to him or her by blood or marriage.
(5) "Intimate partner", in the case of a specific
person, means:
(A) a former spouse of the specific person, a
person who shares a child in common with the specific
person, or a person who cohabits with or has cohabited
as a spouse with the specific person; or
(B) a person who has been in a social relationship
of a romantic or intimate nature with the specific
person, as determined by the length of the
relationship, the type of relationship, and the
frequency of interaction between the persons involved
in the relationship.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/131)
Sec. 131. Article 131. Perjury (Reserved). Any person
subject to this Code who in a judicial proceeding or in a
course of justice willfully and corruptly:
(1) upon a lawful oath or in any form allowed by law to

SB2076 - 65 - LRB101 09477 CPF 54575 b
be substituted for an oath, gives any false testimony
material to the issue or matter of inquiry; or
(2) in any declaration, certificate, verification, or
statement under penalty of perjury as permitted under
Section 1746 of Title 28 of the United States Code,
subscribes any false statement material to the issue or
matter of inquiry;
is guilty of perjury and shall be punished as a court-martial
may direct.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/131a new)
Sec. 131a. Article 131a. Subornation of perjury.
(a) Any person subject to this Code who induces and
procures another person:
(1) to take an oath; and
(2) to falsely testify, depose, or state upon such
oath;
shall, if the conditions specified in subsection (b) are
satisfied, be punished as a court-martial may direct.
(b) The conditions referred to in subsection (a) are the
following:
(1) The oath is administered with respect to a matter
for which such oath is required or authorized by law.
(2) The oath is administered by a person having
authority to do so.

SB2076 - 66 - LRB101 09477 CPF 54575 b
(3) Upon the oath, the other person willfully makes or
subscribes a statement.
(4) The statement is material.
(5) The statement is false.
(6) When the statement is made or subscribed, the
person subject to this Code and the other person do not
believe that the statement is true.
(20 ILCS 1807/131b new)
Sec. 131b. Article 131b. Obstructing justice. Any person
subject to this Code who engages in conduct in the case of a
certain person against whom the accused had reason to believe
there were or would be criminal or disciplinary proceedings
pending, with intent to influence, impede, or otherwise
obstruct the due administration of justice shall be punished as
a court-martial may direct.
(20 ILCS 1807/131c new)
Sec. 131c. Article 131c. Misprision of serious offense. Any
person subject to this Code:
(1) who knows that another person has committed a
serious offense; and
(2) wrongfully conceals the commission of the offense
and fails to make the commission of the offense known to
civilian or military authorities as soon as possible;
shall be punished as a court-martial may direct.

SB2076 - 67 - LRB101 09477 CPF 54575 b
(20 ILCS 1807/131d new)
Sec. 131d. Article 131d. Wrongful refusal to testify. Any
person subject to this Code who, in the presence of a
court-martial, a board of officers, a military commission, a
court of inquiry, preliminary hearing, or an officer taking a
deposition, of or for the United States or this State,
wrongfully refuses to qualify as a witness or to answer a
question after having been directed to do so by the person
presiding shall be punished as a court-martial may direct.
(20 ILCS 1807/131e new)
Sec. 131e. Article 131e. Prevention of authorized seizure
of property. Any person subject to this Code who, knowing that
one or more persons authorized to make searches and seizures
are seizing, are about to seize, or are endeavoring to seize
property, destroys, removes, or otherwise disposes of the
property with intent to prevent the seizure thereof shall be
punished as a court-martial may direct.
(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

SB2076 - 68 - LRB101 09477 CPF 54575 b
(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:

SB2076 - 69 - LRB101 09477 CPF 54575 b
(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.

SB2076 - 70 - LRB101 09477 CPF 54575 b
(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

SB2076 - 71 - LRB101 09477 CPF 54575 b
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.)
(20 ILCS 1807/134)
Sec. 134. Article 134. General Article. Though not
specifically mentioned in this Code, all disorders and neglects

SB2076 - 72 - LRB101 09477 CPF 54575 b
to the prejudice of good order and discipline in the armed
forces, all conduct of a nature to bring discredit upon the
State military forces, and crimes and offenses not capital, of
which persons subject to this Code may be guilty, shall be
taken cognizance of by a general, special, or summary
court-martial, according to the nature and degree of the
offense, and shall be punished at the discretion of that court.
As used in this Article, the term "crimes and offenses not
capital" includes any conduct engaged in outside the United
States, as defined in Section 5 of Title 18 of the United
States Code, that would constitute a crime or offense not
capital if the conduct had been engaged in within the special
maritime and territorial jurisdiction of the United States, as
defined in Section 7 of Title 18 of the United States Code.
State military forces and all conduct of a nature to bring
discredit upon the State military forces shall be taken
cognizance of by a court-martial and punished at the discretion
of a military court. However, where a crime constitutes an
offense that violates both this Code and the criminal laws of
the state where the offense occurs or criminal laws of the
United States, jurisdiction of the military court must be
determined in accordance with subsection (b) of Article 2 of
this Code.
(Source: P.A. 99-796, eff. 1-1-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.
SB2076 - 73 - LRB101 09477 CPF 54575 b
INDEX
Statutes amended in order of appearance
20 ILCS 1807/79
20 ILCS 1807/81
20 ILCS 1807/82
20 ILCS 1807/83
20 ILCS 1807/84
20 ILCS 1807/85
20 ILCS 1807/87
20 ILCS 1807/87a new
20 ILCS 1807/87b new
20 ILCS 1807/89
20 ILCS 1807/90
20 ILCS 1807/93a new
20 ILCS 1807/94
20 ILCS 1807/95
20 ILCS 1807/95a new
20 ILCS 1807/96
20 ILCS 1807/98
20 ILCS 1807/99
20 ILCS 1807/100
20 ILCS 1807/101
20 ILCS 1807/102
20 ILCS 1807/103
20 ILCS 1807/103a new
SB2076 - 74 - LRB101 09477 CPF 54575 b
20 ILCS 1807/103b new
20 ILCS 1807/104
20 ILCS 1807/104a new
20 ILCS 1807/104b new
20 ILCS 1807/105
20 ILCS 1807/105a new
20 ILCS 1807/106
20 ILCS 1807/106a
20 ILCS 1807/107
20 ILCS 1807/107a new
20 ILCS 1807/108a new
20 ILCS 1807/109a new
20 ILCS 1807/110
20 ILCS 1807/111
20 ILCS 1807/112
20 ILCS 1807/113
20 ILCS 1807/114
20 ILCS 1807/115
20 ILCS 1807/118
20 ILCS 1807/119
20 ILCS 1807/119a new
20 ILCS 1807/119b new
20 ILCS 1807/120
20 ILCS 1807/120a new
20 ILCS 1807/120b new
20 ILCS 1807/120c new
SB2076 - 75 - LRB101 09477 CPF 54575 b
20 ILCS 1807/121
20 ILCS 1807/121a new
20 ILCS 1807/122
20 ILCS 1807/122a new
20 ILCS 1807/123
20 ILCS 1807/123a
20 ILCS 1807/124
20 ILCS 1807/124a new
20 ILCS 1807/124b new
20 ILCS 1807/125
20 ILCS 1807/126
20 ILCS 1807/127
20 ILCS 1807/128
20 ILCS 1807/128a new
20 ILCS 1807/129
20 ILCS 1807/130
20 ILCS 1807/131
20 ILCS 1807/131a new
20 ILCS 1807/131b new
20 ILCS 1807/131c new
20 ILCS 1807/131d new
20 ILCS 1807/131e new
20 ILCS 1807/131f new
20 ILCS 1807/131g new
20 ILCS 1807/132
20 ILCS 1807/133
SB2076 - 76 - LRB101 09477 CPF 54575 b