Chapter 20 — EXECUTIVE BRANCH

(20 ILCS 1807/37) Sec. 37. Article 37. Unlawfully influencing action of court. (a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any …

(20 ILCS 1807/38) Sec. 38. Article 38. Duties of trial counsel and defense counsel. (a) The trial counsel of a general or special court-martial shall be a member in good standing of the State bar and shall prosecute in the name of the State of Illinois, and shall, under the direc…

(20 ILCS 1807/39) Sec. 39. Article 39. Sessions. (a) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to Article 35 of this Code, call the court into session wi…

(20 ILCS 1807/4) Sec. 4. Article 4. (Reserved). (Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/40) Sec. 40. Article 40. Continuances. The military judge of a court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just. (Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/41) Sec. 41. Article 41. Challenges. (a)(1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge or the court shall determine the relevancy and va…

(20 ILCS 1807/42) Sec. 42. Article 42. Oaths or affirmations. (a) Before performing their respective duties, military judges, general and special courts-martial members, trial counsel, defense counsel, reporters, and interpreters shall take an oath or affirmation in the presence …

(20 ILCS 1807/43) Sec. 43. Article 43. Statute of limitations. (a) Except as otherwise provided in this Article, a person charged with any offense is not liable to be tried by court-martial or punished under Article 15 of this Code if the offense was committed more than 3 years b…

(20 ILCS 1807/44) Sec. 44. Article 44. Former jeopardy. (a) No person may, without his consent, be tried a second time for the same offense. (b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of …

(20 ILCS 1807/45) Sec. 45. Article 45. Pleas of the accused. (a) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or thr…

(20 ILCS 1807/46) Sec. 46. Article 46. Opportunity to obtain witnesses and other evidence. The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process i…

(20 ILCS 1807/47) Sec. 47. Article 47. Refusal to appear or testify. (a) Any person not subject to this Code who: (1) has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry, or before any military or civil office…

(20 ILCS 1807/48) Sec. 48. Article 48. Contempts. A military judge may punish for contempt any person who refuses a court order, is disrespectful to the court, or who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder…

(20 ILCS 1807/49) Sec. 49. Article 49. Depositions. (a) At any time after charges have been signed as provided in Article 30 of this Code, any party may take oral or written depositions unless the military judge hearing the case or, if the case is not being heard, an authority co…

(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 sh…

(20 ILCS 1807/50) Sec. 50. Article 50. Admissibility of records of courts of inquiry. (a) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose …

(20 ILCS 1807/50a) Sec. 50a. Article 50a. Defense of lack of mental responsibility. (a) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect…

(20 ILCS 1807/51) Sec. 51. Article 51. Voting and rulings. (a) Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the pr…

(20 ILCS 1807/52) Sec. 52. Article 52. Number of votes required. (a) No person may be convicted of an offense except as provided in subsection (b) of Article 45 of this Code or by the concurrence of two-thirds of the members present at the time the vote is taken. (b) All other qu…

(20 ILCS 1807/53) Sec. 53. Article 53. Court to announce action. A court-martial shall announce its findings and sentence to the parties as soon as determined. (Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/54) Sec. 54. Article 54. Record of trial. (a) Each general and special court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be…

(20 ILCS 1807/55) Sec. 55. Article 55. Cruel and unusual punishments prohibited. Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment may not be adjudged by a court-martial or inflicted upon any person subject to this…

(20 ILCS 1807/56) Sec. 56. Article 56. Maximum limits. (a) The punishment which a court-martial may direct for an offense may not exceed such limits as prescribed by this Code, but in no instance may a sentence exceed more than 10 years for a military offense, nor shall a sentenc…

(20 ILCS 1807/56a) Sec. 56a. Article 56a. (Reserved). (Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/57) Sec. 57. Article 57. Effective date of sentences. (a) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances beco…

(20 ILCS 1807/57a) Sec. 57a. Article 57a. Deferment of sentences. (a) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person's jurisdiction, the person exercis…

(20 ILCS 1807/58) Sec. 58. Article 58. Execution of confinement. (a) A sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution …

(20 ILCS 1807/58a) Sec. 58a. Article 58a. Sentences: reduction in enlisted grade upon approval. (a) A court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes: (1) a dishonorable or bad-conduct discharge; or (2) …

(20 ILCS 1807/58b) Sec. 58b. Article 58b. Sentences: forfeiture of pay and allowances during confinement. (a)(1) A court-martial sentence described in paragraph (2) shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement o…

(20 ILCS 1807/59) Sec. 59. Article 59. Error of law; lesser included offense. (a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (b) Any reviewing au…

(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.…

(20 ILCS 1807/60) Sec. 60. Article 60. Action by the convening authority. (a) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. (b)(1) The accused may submit to the convening authority matter…

(20 ILCS 1807/61) Sec. 61. Article 61. Withdrawal of appeal. (a) In each case subject to appellate review under this Code, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to such appeal. Such a withdrawal shall be signe…

(20 ILCS 1807/62) Sec. 62. Article 62. Appeal by the State. (a)(1) In a trial by court-martial in which a punitive discharge may be adjudged, the State may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the c…

(20 ILCS 1807/63) Sec. 63. Article 63. Rehearings. Each rehearing under this Code shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was…

(20 ILCS 1807/64) Sec. 64. Article 64. Review by the senior force judge advocate. (a) Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the senior force judge advocate, or a designee. The senior force judge advocate, or d…

(20 ILCS 1807/65) Sec. 65. Article 65. Disposition of records after review by the convening authority. Except as otherwise required by this Code, all records of trial and related documents shall be transmitted and disposed of as prescribed by regulation and provided by law. (Sour…

(20 ILCS 1807/66) Sec. 66. Article 66. (Reserved). (Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/67) Sec. 67. Article 67. (Reserved). (Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/67a) Sec. 67a. Article 67a. Review by State Appellate Authority. Decisions of a court-martial are from a court with jurisdiction to issue misdemeanor and felony convictions. All appeals from final decisions of a court-martial shall be to the Illinois Appellate Court…

(20 ILCS 1807/68) Sec. 68. Article 68. (Reserved). (Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/69) Sec. 69. Article 69. (Reserved). (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 …

(20 ILCS 1807/7) Sec. 7. Article 7. Apprehension. (a) Apprehension is the taking of a person into custody. (b) Any person authorized by this Code or by Chapter 47 of Title 10, United States Code, or by regulations issued under either, to apprehend persons subject to this Code, an…

(20 ILCS 1807/70) Sec. 70. Article 70. Appellate counsel. (a) The Attorney General shall act as appellate government counsel to represent the State in the review or appeal of cases specified in Article 67a of this Code and before any federal court. The Attorney General may appoin…

(20 ILCS 1807/71) Sec. 71. Article 71. Execution of sentence; suspension of sentence. (a) If the sentence of the court-martial extends to dismissal or a dishonorable or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not w…

(20 ILCS 1807/72) Sec. 72. Article 72. Vacation of suspension. (a) Before the vacation of the suspension of a special court-martial sentence, which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jur…

(20 ILCS 1807/73) Sec. 73. Article 73. Petition for a new trial. At any time within 2 years after approval by the convening authority of a court-martial sentence the accused may petition the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud on …

(20 ILCS 1807/74) Sec. 74. Article 74. Remission and suspension. (a) Any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence may remit or suspend any part or amount of the unexecuted part of an…

(20 ILCS 1807/75) Sec. 75. Article 75. Restoration. (a) Under such regulations as may be prescribed, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, s…