(20 ILCS 1807/Pt. I heading)
(20 ILCS 1807/1)
Sec. 1. Article 1. Definitions; gender neutrality.
(a) In this Code, unless the context otherwise requires:
(b) The use of the masculine gender throughout this Code also includes the feminine gender.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/2)
Sec. 2. Article 2. Persons subject to this Code; jurisdiction.
(a) This Code applies to all members of the State military forces during any day or portion of a day when in State active duty or in a duty status other than State active duty and at no other times.
(b) Subject matter jurisdiction is established if personal jurisdiction is established in subsection (a). However, courts-martial have primary jurisdiction of military offenses as defined in paragraph (14) of subsection (a) of Article 1 of this Code. A proper civilian court has primary jurisdiction of a non-military offense. When an act or omission violates both this Code and a state or local criminal law, foreign or domestic, a court-martial may be initiated only after the civilian authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by the underlying offense.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/3)
Sec. 3. Article 3. Jurisdiction to try certain personnel.
(a) Each person discharged from the State military forces who is later charged with having fraudulently obtained a discharge is, subject to Article 43 of this Code, subject to trial by court-martial on that charge and is, after apprehension, subject to this Code while in custody under the direction of the State military forces for that trial. Upon conviction of that charge that person is subject to trial by court-martial for all offenses under this Code committed before the fraudulent discharge.
(b) No person who has deserted from the State military forces may be relieved from amenability to the jurisdiction of this Code by virtue of a separation from any later period of service.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/4)
Sec. 4. Article 4. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/5)
Sec. 5. Article 5. Territorial applicability of this Code.
(a) This Code has applicability at all times and in all places, provided that there is jurisdiction over the person pursuant to subsection (a) of Article 2; however, this grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense, which is limited only by subsection (b) of Article 2 and the prohibition of double jeopardy.
(b) Courts-martial and courts of inquiry may be convened and held in units of the State military forces while those units are serving outside this State with the same jurisdiction and powers as to persons subject to this Code as if the proceedings were held inside this State, and offenses committed outside this State may be tried and punished either inside or outside this State.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/6)
Sec. 6. Article 6. Judge advocates.
(a) The senior force judge advocates in each of the State's military forces or that judge advocate's delegates shall make frequent inspections in the field in supervision of the administration of military justice in that force.
(b) Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice. The judge advocate of any command is entitled to communicate directly with the judge advocate of a superior or subordinate command, or with the State Judge Advocate.
(c) No person who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness, in any case may later act as a judge advocate to any reviewing authority upon the same case.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/6a)
Sec. 6a. Article 6a. Military judges. The Governor or the Adjutant General shall appoint at least one judge advocate officer from the active rolls of the Illinois National Guard who has been previously certified and qualified for duty as a military judge by the Judge Advocate General of the judge advocate officer's respective armed force under Article 26(b) of the federal Uniform Code of Military Justice to serve as a military judge under this Code. The military judge shall hold the rank of Major or above.
(Source: P.A. 99-796, eff. 1-1-17.)
Structure Illinois Compiled Statutes