Synopsis As Introduced Amends the Illinois Administrative Procedure Act. Exempts the Illinois State Guard from the definition of "agency". Amends the State Employee Indemnification Act. Expands the definition of "State" and "employee" to include the Illinois State Guard and its members. Amends the Military Code of Illinois. Provides that, in the event of the death or disability of the Adjutant General or any other occurrence that creates a vacancy in the office, the Commander-in-Chief shall designate either the Assistant Adjutant General for Army or the Assistant Adjutant General for Air as the acting Adjutant General until an Adjutant General is appointed. Amends the Illinois Code of Military Justice. Provides that no person may be brought to trial by court-martial if that person is presently suffering from a mental disease or defect rendering that person mentally incompetent. Provides that a determination on the accused person's capacity to stand trial shall be made in accordance with specified rules described in the Manual for Courts-Martial, United States (2012 Edition). Contains provisions concerning inquiries into a person's mental responsibility and mental health. Amends the State Guard Act. Changes the short title of the Act to the Illinois State Guard Act. Repeals the substantive provisions of the Act. Establishes the Illinois State Guard as the State's non-federally recognized military force composed of members of the Unorganized Militia who are 18 through 45 years of age and other persons as determined necessary by the Governor. Contains provision concerning: the activation and organization of the State Guard; personnel, pay, and allowances; equipping and uniforms; and other matters. Effective immediately.
Senate Committee Amendment No. 1 In provisions of the Illinois State Guard Act concerning activation of the State Guard, provides that whenever the Commander-in-Chief deems it necessary or (rather than determines it) advisable for the purpose of executing the laws of the State or to prevent an actual or threatened violation of law; when the nation is at war and a requisition or order has been made, or is likely to be made, by the President of the United States calling the National Guard, or parts thereof, into the National service; or for any other emergency (rather than to maintain the health, safety, and welfare of the people, or to ensure domestic tranquility and provide for the common defense), he or she may issue a proclamation calling for volunteers to serve in the State Guard.