Public Act 104-0117
 
SB1675 EnrolledLRB104 08633 KTG 18685 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 1 and 133 as follows:
 
    (20 ILCS 1807/1)
    Sec. 1. Article 1. Definitions; gender neutrality.
    (a) In this Code, unless the context otherwise requires:
        (1) "Accuser" means a person who signs and swears to 
    charges, any person who directs that charges nominally be 
    signed and sworn to by another, and any other person who 
    has an interest other than an official interest in the 
    prosecution of the accused.
        (2) "Cadet" or "candidate" means a person who is 
    enrolled in or attending a State military academy, a 
    regional training institute, or any other formal education 
    program for the purpose of becoming a commissioned officer 
    in the State military forces.
        (3) "Classified information" means:
            (A) any information or material that has been 
        determined by an official of the United States or any 
        state pursuant to law, an Executive order, or 
        regulation to require protection against unauthorized 
        disclosure for reasons of national or state security, 
        and
            (B) any restricted data, as defined in Section 
        11(y) of the Atomic Energy Act of 1954 (42 U.S.C. 
        2014(y)).
        (4) "Code" means this Code.
        (5) "Commanding officer" includes only commissioned or 
    warrant officers of the State military forces and shall 
    include officers in charge only when administering 
    nonjudicial punishment under Article 15 of this Code. The 
    term "commander" has the same meaning as "commanding 
    officer" unless the context otherwise requires.
        (6) "Convening authority" includes, in addition to the 
    person who convened the court, a commissioned officer 
    commanding for the time being or a successor in command to 
    the convening authority.
        (7) "Day" for all purposes means calendar day 
    beginning at 0000 hours (12:00 a.m.) and ending at 2359 
    hours, 59 seconds (12:59, 59 seconds p.m.), and is not 
    synonymous with the term "unit training assembly". Any 
    punishment authorized by this Article which is measured in 
    terms of days shall, when served in a status other than 
    annual field training, be construed to mean succeeding 
    duty days.
        (8) "Duty status other than State active duty" means 
    any other type of military duty or training pursuant to a 
    written order issued by authority of law under Title 32 of 
    the United States Code or traditional Inactive Duty 
    Training periods pursuant to 32 U.S.C. 502(a).
        (9) "Enlisted member" means a person in an enlisted 
    grade.
        (10) "Judge advocate" means a commissioned officer of 
    the organized State military forces who is a member in 
    good standing of the bar of the highest court of a state, 
    and is:
            (A) certified or designated as a judge advocate in 
        the Judge Advocate General's Corps of the Army, Air 
        Force, Navy, or the Marine Corps or designated as a law 
        specialist as an officer of the Coast Guard, or a 
        reserve or National Guard component of one of these; 
        or
            (B) certified as a non-federally recognized judge 
        advocate, under regulations adopted pursuant to this 
        paragraph, by the senior judge advocate of the 
        commander of the force in the State military forces of 
        which the accused is a member, as competent to perform 
        such military justice duties required by this Code. If 
        there is no such judge advocate available, then such 
        certification may be made by such senior judge 
        advocate of the commander of another force in the 
        State military forces, as the convening authority 
        directs.
        (11) "May" is used in a permissive sense. The phrase 
    "no person may . . ." means that no person is required, 
    authorized, or permitted to do the act prescribed.
        (12) "Military court" means a court-martial or a court 
    of inquiry.
        (13) "Military judge" means an official of a general 
    or special court-martial detailed in accordance with 
    Article 26 of this Code.
        (14) "Military offenses" means those offenses 
    proscribed under Articles 77 (Principals), 78 (Accessory 
    after the fact), 80 (Attempts), 81 (Conspiracy), 82 
    (Soliciting commission of offenses Solicitation), 83 
    (Malingering Fraudulent enlistment, appointment, or 
    separation), 84 (Breach of medical quarantine Unlawful 
    enlistment, appointment, or separation), 85 (Desertion), 
    86 (Absence without leave), 87 (Missing movement; jumping 
    from vessel), 87a (Resistance, flight, breach of arrest, 
    and escape), 88 (Contempt toward officials), 89 
    (Disrespect towards superior commissioned officer; assault 
    of superior commissioned officer), 90 (Willfully 
    Assaulting or willfully disobeying superior commissioned 
    officer), 91 (Insubordinate conduct toward warrant 
    officer, noncommissioned officer, or petty officer), 92 
    (Failure to obey order or regulation), 93 (Cruelty and 
    maltreatment), 93a (Prohibited activities with military 
    recruit or trainee by person in position of special trust) 
    94 (Mutiny or sedition), 95 (Offenses by sentinel or 
    lookout), 95a (Disrespect toward sentinel or lookout 
    Resistance, flight, breach of arrest, and escape), 96 
    (Release of Releasing prisoner without proper authority; 
    drinking with prisoner), 97 (Unlawful detention), 98 
    (Misconduct as prisoner Noncompliance with procedural 
    rules), 99 (Misbehavior before the enemy), 100 
    (Subordinate compelling surrender), 101 (Improper use of 
    countersign), 102 (Forcing a safeguard), 103b (Aiding the 
    enemy), 104a (Fraudulent enlistment, appointment, or 
    separation), 104b (Unlawful enlistment, appointment, or 
    separation), 105a (False or unauthorized pass offenses), 
    106 (Impersonation of officer, noncommissioned or petty 
    officer, or agent or official), 106a (Wearing unauthorized 
    insignia, decoration, badge, ribbon, device, or lapel 
    button), 103 (Captured or abandoned property), 104 (Aiding 
    the enemy), 105 (Misconduct as prisoner), 107 (False 
    official statements; false swearing), 107a (Parole 
    violation), 108 (Military property: loss, damage, 
    destruction, or wrongful disposition), 108a (Captured or 
    abandoned property), 109 (Property other than military 
    property: waste, spoilage, or destruction), 110 (Improper 
    hazarding of vessel or aircraft), 112 (Drunkenness and 
    other incapacitation offenses Drunk on duty), 112a 
    (Wrongful use, possession, etc., of controlled 
    substances), 113 (Misbehavior of sentinel), 114 (Dueling), 
    115 (Communicating threats Malingering), 116 (Riot or 
    breach of peace), 117 (Provoking speeches or gestures), 
    123 (Offenses concerning Government computers), 124 
    (Frauds against the Government), 131f (Noncompliance with 
    procedural rules), 131g (Wrongful interference with 
    adverse administrative proceeding), 132 (Retaliation 
    Frauds against the government), 133 (Conduct unbecoming an 
    officer and a gentleman), and 134 (General Article) of 
    this Code.
        (15) "National security" means the national defense 
    and foreign relations of the United States.
        (16) "Officer" means a commissioned or warrant 
    officer.
        (17) "Officer in charge" means a member of the Navy, 
    the Marine Corps, or the Coast Guard designated as such by 
    appropriate authority.
        (18) "Record", when used in connection with the 
    proceedings of a court-martial, means:
            (A) an official written transcript, written 
        summary, or other writing relating to the proceedings; 
        or
            (B) an official audiotape, videotape, digital 
        image or file, or similar material from which sound, 
        or sound and visual images, depicting the proceedings 
        may be reproduced.
        (19) "Shall" is used in an imperative sense.
        (20) "State" means one of the several states, the 
    District of Columbia, the Commonwealth of Puerto Rico, 
    Guam, or the U.S. Virgin Islands.
        (21) "State active duty" means active duty in the 
    State military forces under an order of the Governor or 
    the Adjutant General, or otherwise issued by authority of 
    State law, and paid by State funds.
        (22) "Senior force judge advocate" means the senior 
    judge advocate of the commander of the same force of the 
    State military forces as the accused and who is that 
    commander's chief legal advisor.
        (23) "State military forces" means the Illinois 
    National Guard, as defined in Title 32, United States Code 
    and the Military Code of Illinois and any other military 
    force organized under the Constitution and laws of this 
    State, to include the Illinois State Guard when organized 
    by the Governor as Commander-in-Chief under the Military 
    Code of Illinois and the Illinois State Guard Act, and 
    when not in a status subjecting them to exclusive 
    jurisdiction under Chapter 47 of Title 10, United States 
    Code, and travel to and from such duty.
        (24) "Superior commissioned officer" means a 
    commissioned officer superior in rank or command.
        (25) "Senior force commander" means the commander of 
    the same force of the State military forces as the 
    accused.
    (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 1807/133)
    Sec. 133. Article 133. Conduct unbecoming an officer and a 
gentleman. Any commissioned officer, cadet, 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. 101-367, eff. 8-9-19.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.