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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Code of Military Justice is amended |
5 | | by changing Sections 79, 81, 82, 83, 84, 87, 89, 90, 95, 96, |
6 | | 98, 103, 104, 105, 106, 106a, 107, 110, 112, 113, 115, 123, |
7 | | 124, 132, and 133 and by adding Sections 87a, 87b, 93a, 95a, |
8 | | 103a, 103b, 104a, 104b, 105a, 107a, 108a, 109a, 119a, 119b, |
9 | | 120a, 120b, 120c, 121a, 122a, 124a, 124b, 128a, 131a, 131b, |
10 | | 131c, 131d, 131e, 131f, and 131g as follows: |
11 | | (20 ILCS 1807/79)
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12 | | Sec. 79. Article 79. Conviction of lesser included offense |
13 | | charged, lesser included offenses, and attempts . |
14 | | (a) An accused may be found guilty of any of the following: |
15 | | an offense necessarily included in the offense charged or of an |
16 | | attempt to commit either the offense charged or an offense |
17 | | necessarily included therein.
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18 | | (1) The offense charged. |
19 | | (2) A lesser included offense. |
20 | | (3) An attempt to commit the offense charged. |
21 | | (4) An attempt to commit a lesser included offense, if |
22 | | the attempt is an offense in its own right. |
23 | | (b) In this Article, "lesser included offense" means: |
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1 | | (1) an offense that is necessarily included in the |
2 | | offense charged; and |
3 | | (2) any lesser included offense so designated by |
4 | | regulation prescribed by the Governor. |
5 | | (c) Any designation of a lesser included offense in a |
6 | | regulation referred to in subsection (b) shall be reasonably |
7 | | included in the greater offense. |
8 | | (Source: P.A. 99-796, eff. 1-1-17 .) |
9 | | (20 ILCS 1807/81)
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10 | | Sec. 81. Article 81. Conspiracy. |
11 | | (a) Any person subject to this Code who conspires with any |
12 | | other person to commit an offense under this Code shall, if one |
13 | | or more of the conspirators does an act to effect the object of |
14 | | the conspiracy, be punished as a court-martial may direct.
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15 | | (b) Any person subject to this Code who conspires with any |
16 | | other person to commit an offense under the law of war, and who |
17 | | knowingly does an overt act to affect the object of the |
18 | | conspiracy, shall be punished as a court-martial may direct. |
19 | | (Source: P.A. 99-796, eff. 1-1-17 .) |
20 | | (20 ILCS 1807/82)
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21 | | Sec. 82. Article 82. Soliciting commission of offenses |
22 | | Solicitation . |
23 | | (a) Any person subject to this Code who solicits or advises |
24 | | another to commit an offense under this Code (other than an |
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1 | | offense specified in subsection (b)) shall be punished as a |
2 | | court-martial may direct. Any person subject to this Code who |
3 | | solicits or advises another or others to desert in violation of |
4 | | Article 85 of this Code or mutiny in violation of Article 94 of |
5 | | this Code shall, if the offense solicited or advised is |
6 | | attempted or committed, be punished with the punishment |
7 | | provided for the commission of the offense, but, if the offense |
8 | | solicited or advised is not committed or attempted, the person |
9 | | shall be punished as a court-martial may direct. |
10 | | (b) Any person subject to this Code who solicits or advises |
11 | | another to violate Article 85 of this Code, Article 94 of this |
12 | | title, or Article 99 of this Code: Any person subject to this |
13 | | Code who solicits or advises another or others to commit an act |
14 | | of misbehavior before the enemy in violation of Article 99 of |
15 | | this Code or sedition in violation of Article 94 of this Code |
16 | | shall, if the offense solicited or advised is committed, be |
17 | | punished with the punishment provided for the commission of the |
18 | | offense, but, if the offense solicited or advised is not |
19 | | committed, the person shall be punished as a court-martial may |
20 | | direct.
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21 | | (1) if the offense solicited or advised is attempted or |
22 | | is committed, shall be punished with the punishment |
23 | | provided for the commission of the offense; and |
24 | | (2) if the offense solicited or advised is not |
25 | | attempted or committed, shall be punished as a |
26 | | court-martial may direct. |
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1 | | (Source: P.A. 99-796, eff. 1-1-17 .) |
2 | | (20 ILCS 1807/83)
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3 | | Sec. 83. Article 83. Malingering Fraudulent enlistment, |
4 | | appointment, or separation . Any person subject to this Code |
5 | | who, with the intent to avoid work, duty, or service who : |
6 | | (1) feigns illness, physical disablement, mental |
7 | | lapse, or mental derangement procures his own enlistment or |
8 | | appointment in the State military forces by knowingly false |
9 | | representation or deliberate concealment as to his |
10 | | qualifications for that enlistment or appointment and |
11 | | receives pay or allowances thereunder ; or |
12 | | (2) intentionally inflicts self-injury procures his |
13 | | own separation from the State military forces by knowingly |
14 | | false representation or deliberate concealment as to his |
15 | | eligibility for that separation ;
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16 | | shall be punished as a court-martial may direct.
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17 | | (Source: P.A. 99-796, eff. 1-1-17 .) |
18 | | (20 ILCS 1807/84)
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19 | | Sec. 84. Article 84. Breach of medical quarantine Unlawful |
20 | | enlistment, appointment, or separation . Any person subject to |
21 | | this Code : who effects an enlistment or appointment in or a |
22 | | separation from the State military forces of any person who is |
23 | | known to him to be ineligible for that enlistment, appointment, |
24 | | or separation because it is prohibited by law, regulation, or |
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1 | | order |
2 | | (1) who is ordered into medical quarantine by a person |
3 | | authorized to issue such order; and |
4 | | (2) who, with knowledge of the quarantine and the |
5 | | limits of the quarantine, goes beyond those limits before |
6 | | being released from the quarantine by proper authority; |
7 | | shall be punished as a court-martial may direct.
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8 | | (Source: P.A. 99-796, eff. 1-1-17 .) |
9 | | (20 ILCS 1807/87)
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10 | | Sec. 87. Article 87. Missing movement ; jumping from vessel . |
11 | | (a) Any person subject to this Code who through neglect or |
12 | | design misses the movement of a ship, aircraft, or unit with |
13 | | which he is required in the course of duty to move shall be |
14 | | punished as a court-martial may direct.
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15 | | (b) Any person subject to this Code who wrongfully and |
16 | | intentionally jumps into the water from a vessel in use by the |
17 | | State military forces shall be punished as a court-martial may |
18 | | direct. |
19 | | (Source: P.A. 99-796, eff. 1-1-17 .) |
20 | | (20 ILCS 1807/87a new) |
21 | | Sec. 87a. Article 87a. Resistance, flight, breach of |
22 | | arrest, and escape. Any person subject to this Code who: |
23 | | (1) resists apprehension; |
24 | | (2) flees from apprehension; |
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1 | | (3) breaks arrest; or |
2 | | (4) escapes from custody or confinement; |
3 | | shall be punished as a court-martial may direct. |
4 | | (20 ILCS 1807/87b new) |
5 | | Sec. 87b. Article 87b. (Reserved). |
6 | | (20 ILCS 1807/89)
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7 | | Sec. 89. Article 89. Disrespect toward superior |
8 | | commissioned officer ; assault of superior commissioned |
9 | | officer . |
10 | | (a) Any person subject to this Code who behaves with |
11 | | disrespect toward his superior commissioned officer shall be |
12 | | punished as a court-martial may direct.
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13 | | (b) Any person subject to this Code who strikes that |
14 | | person's superior commissioned officer or draws or lifts up any |
15 | | weapon or offers any violence against that officer while the |
16 | | officer is in the execution of the officer's
office shall be |
17 | | punished as a court-martial may direct. |
18 | | (Source: P.A. 99-796, eff. 1-1-17 .) |
19 | | (20 ILCS 1807/90)
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20 | | Sec. 90. Article 90. Willfully Assaulting or willfully |
21 | | disobeying superior commissioned officer. Any person subject |
22 | | to this Code who willfully disobeys a lawful command of that |
23 | | person's superior commissioned officer shall be punished as a |
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1 | | court-martial may direct. : |
2 | | (1) strikes his superior commissioned officer or draws |
3 | | or lifts up any weapon or offers any violence against him |
4 | | while he is in the execution of his office; or |
5 | | (2) willfully disobeys a lawful command of his superior |
6 | | commissioned officer;
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7 | | shall be punished, if the offense is committed in time of war, |
8 | | by confinement of not more than 10 years or such other |
9 | | punishment as a court-martial may direct, and if the offense is |
10 | | committed at any other time, by such punishment as a |
11 | | court-martial may direct.
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12 | | (Source: P.A. 99-796, eff. 1-1-17 .) |
13 | | (20 ILCS 1807/93a new) |
14 | | Sec. 93a. Article 93a. Prohibited activities with military |
15 | | recruit or trainee by person in position of special trust. |
16 | | (a) Any person subject to this Code: |
17 | | (1) who is an officer, a noncommissioned officer, or a |
18 | | petty officer; |
19 | | (2) who is in a training leadership position with |
20 | | respect to a specially protected junior member of the State |
21 | | military forces; and |
22 | | (3) who engages in prohibited sexual activity with such |
23 | | specially protected junior member of the State military |
24 | | forces; |
25 | | shall be punished as a court-martial may direct. |
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1 | | (b) Any person subject to this Code: |
2 | | (1) who is a military recruiter and engages in |
3 | | prohibited sexual activity with an applicant for military |
4 | | service; or |
5 | | (2) who is a military recruiter and engages in |
6 | | prohibited sexual activity with a specially protected |
7 | | junior member of the State military forces who is enlisted |
8 | | under a delayed entry program;
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9 | | shall be punished as a court-martial may direct. |
10 | | (c) Consent is not a defense for any conduct at issue in a |
11 | | prosecution under this Article. |
12 | | (d) In this Article: |
13 | | (1) "Specially protected junior member of the State |
14 | | military forces" means: |
15 | | (A) a member of the State military forces who is |
16 | | assigned to, or is awaiting assignment to, basic |
17 | | training or other initial active duty for training, |
18 | | including a member who is enlisted under a delayed |
19 | | entry program; |
20 | | (B) a member of the State military forces who is a |
21 | | cadet, a midshipman, an officer candidate, or a student |
22 | | in any other officer qualification program; and |
23 | | (C) a member of the State military forces in any |
24 | | program that, by regulation prescribed by the |
25 | | Secretary of the Army or the Air Force, is identified |
26 | | as a training program for initial career |
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1 | | qualification. |
2 | | (2) "Training leadership position" means, with respect |
3 | | to a specially protected junior member of the State |
4 | | military forces, any of the following: |
5 | | (A) Any drill instructor position or other |
6 | | leadership position in a basic training program, an |
7 | | officer candidate school, a reserve officers' training
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8 | | corps unit, a training program for entry into the State |
9 | | military forces, or any program that, by regulation |
10 | | prescribed by the Secretary of the Army or the Air |
11 | | Force, is identified as a training program for initial |
12 | | career qualification. |
13 | | (B) Faculty and staff of a State military academy, |
14 | | a regional training institute, or any other formal |
15 | | military education program. |
16 | | (3) "Applicant for military service" means a person |
17 | | who, under regulations
prescribed by the Secretary of the |
18 | | Army or the Air Force, is an applicant for original |
19 | | enlistment or appointment in the State military forces. |
20 | | (4) "Military recruiter" means a person who, under |
21 | | regulations prescribed by the Secretary of the Army or the |
22 | | Air Force, has the primary duty to recruit persons for |
23 | | military
service. |
24 | | (5) "Prohibited sexual activity" means, as specified |
25 | | in regulations prescribed by the Secretary of the Army or |
26 | | the Air Force, inappropriate physical intimacy under
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1 | | circumstances described in such regulations. |
2 | | (20 ILCS 1807/95)
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3 | | Sec. 95. Article 95. Offenses by sentinel or lookout |
4 | | Resistance, flight, breach of arrest, and escape . |
5 | | (a) Any sentinel or lookout who is drunk on post, who |
6 | | sleeps on post, or who leaves post before being regularly |
7 | | relieved shall be punished as a court-martial may direct. |
8 | | (b) Any sentinel or lookout who loiters or wrongfully sits |
9 | | down on post shall be punished as a court-martial may direct. |
10 | | Any person subject to this Code who: |
11 | | (1) resists apprehension; |
12 | | (2) flees from apprehension; |
13 | | (3) breaks arrest; or |
14 | | (4) escapes from custody or confinement;
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15 | | shall be punished as a court-martial may direct.
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16 | | (Source: P.A. 99-796, eff. 1-1-17 .) |
17 | | (20 ILCS 1807/95a new) |
18 | | Sec. 95a. Article 95a. Disrespect toward sentinel or |
19 | | lookout. |
20 | | (a) Any person subject to this Code who, knowing that |
21 | | another person is
a sentinel or lookout, uses wrongful and |
22 | | disrespectful language that is directed toward and within the |
23 | | hearing of the sentinel or lookout, who is
in the execution of |
24 | | duties as a sentinel or lookout, shall be punished as a |
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1 | | court-martial may direct. |
2 | | (b) Any person subject to this Code who, knowing that |
3 | | another person is
a sentinel or lookout, behaves in a wrongful |
4 | | and disrespectful manner that is directed toward and within the |
5 | | sight of the sentinel or lookout, who is in
the execution of |
6 | | duties as a sentinel or lookout, shall be punished as a |
7 | | court-martial may direct. |
8 | | (20 ILCS 1807/96)
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9 | | Sec. 96. Article 96. Release of Releasing prisoner without |
10 | | proper authority ; drinking with prisoner . |
11 | | (a) Any person subject to this Code: Any person subject to |
12 | | this Code who, without proper authority, releases any prisoner |
13 | | committed to his charge, or who through neglect or design |
14 | | suffers any such prisoner to escape, shall be punished as a |
15 | | court-martial may direct, whether or not the prisoner was |
16 | | committed in strict compliance with law.
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17 | | (1) who, without authority to do so, releases a |
18 | | prisoner; or |
19 | | (2) who, through neglect or design, allows a prisoner |
20 | | to escape; |
21 | | shall be punished as a court-martial may direct, whether or not |
22 | | the prisoner was
committed in strict compliance with the law. |
23 | | (b) Any person subject to this Code who unlawfully drinks |
24 | | any alcoholic beverage with a prisoner shall be punished as a |
25 | | court-martial may direct. |
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1 | | (Source: P.A. 99-796, eff. 1-1-17 .) |
2 | | (20 ILCS 1807/98)
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3 | | Sec. 98. Article 98. Misconduct as prisoner Noncompliance |
4 | | with procedural rules . Any person subject to this Code who , |
5 | | while in the hand of the enemy in time of war : |
6 | | (1) for the purpose of securing favorable treatment by |
7 | | his captors acts without proper authority in a manner |
8 | | contrary to law, custom, or regulation, to the detriment of |
9 | | others of whatever nationality held by the enemy as |
10 | | civilian or military prisoners is responsible for |
11 | | unnecessary delay in the disposition of any case of a |
12 | | person accused of an offense under this Code ; or |
13 | | (2) while in a position of authority over such persons |
14 | | maltreats them without justifiable cause knowingly and |
15 | | intentionally fails to enforce or comply with any provision |
16 | | of this Code regulating the proceedings before, during, or |
17 | | after trial of an accused ;
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18 | | shall be punished as a court-martial may direct.
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19 | | (Source: P.A. 99-796, eff. 1-1-17 .) |
20 | | (20 ILCS 1807/103)
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21 | | Sec. 103. Article 103. (Reserved). Captured or abandoned |
22 | | property. |
23 | | (a) All persons subject to this Code shall secure all |
24 | | public property taken for the service of the United States or |
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1 | | this State, and shall give notice and turn over to the proper |
2 | | authority without delay all captured or abandoned property in |
3 | | their possession, custody, or control. |
4 | | (b) Any person subject to this Code who: |
5 | | (1) fails to carry out the duties prescribed in |
6 | | subsection (a); |
7 | | (2) buys, sells, trades, or in any way deals in or |
8 | | disposes of taken, captured, or abandoned property, |
9 | | whereby he receives or expects any profit, benefit, or |
10 | | advantage to himself or another directly or indirectly |
11 | | connected with himself; or
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12 | | (3) engages in looting or pillaging;
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13 | | shall be punished as a court-martial may direct.
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14 | | (Source: P.A. 99-796, eff. 1-1-17 .) |
15 | | (20 ILCS 1807/103a new) |
16 | | Sec. 103a. Article 103a. (Reserved). |
17 | | (20 ILCS 1807/103b new) |
18 | | Sec. 103b. Article 103b. Aiding the enemy. Any person who: |
19 | | (1) aids, or attempts to aid, the enemy with arms, |
20 | | ammunition, supplies, money, or other things; or |
21 | | (2) without proper authority, knowingly harbors or |
22 | | protects or gives intelligence to, or communicates or |
23 | | corresponds with or holds any intercourse with the enemy, |
24 | | either directly or indirectly;
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1 | | shall be punished as a court-martial may direct. |
2 | | (20 ILCS 1807/104)
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3 | | Sec. 104. Article 104. (Reserved). Aiding the enemy. Any |
4 | | person subject to this Code who: |
5 | | (1) aids, or attempts to aid, the enemy with arms, |
6 | | ammunition, supplies, money, or other things; or |
7 | | (2) without proper authority, knowingly harbors or |
8 | | protects or gives intelligence to, or communicates or |
9 | | corresponds with or holds any intercourse with the enemy, |
10 | | either directly or indirectly;
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11 | | shall be punished as a court-martial may direct.
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12 | | (Source: P.A. 99-796, eff. 1-1-17 .) |
13 | | (20 ILCS 1807/104a new) |
14 | | Sec. 104a. Article 104a. Fraudulent enlistment, |
15 | | appointment, or separation. Any person who: |
16 | | (1) procures his or her own enlistment or appointment |
17 | | in the State military forces by knowingly false |
18 | | representation or deliberate concealment as to his or her |
19 | | qualifications for that enlistment or appointment and |
20 | | receives pay or allowances thereunder; or |
21 | | (2) procures his or her own separation from the State |
22 | | military forces by knowingly false representation or |
23 | | deliberate concealment as to his or her eligibility for |
24 | | that separation; |
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1 | | shall be punished as a court-martial may direct. |
2 | | (20 ILCS 1807/104b new) |
3 | | Sec. 104b. Article 104b. Unlawful enlistment, appointment, |
4 | | or separation. Any person subject to this Code who affects an |
5 | | enlistment or appointment in or a separation from the State |
6 | | military forces of any person who is known to him to be |
7 | | ineligible for that enlistment, appointment, or separation |
8 | | because it is prohibited by law, regulation, or order shall be |
9 | | punished as a court-martial may direct. |
10 | | (20 ILCS 1807/105)
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11 | | Sec. 105. Article 105. (Reserved). Misconduct as prisoner. |
12 | | Any person subject to this Code who, while in the hands of the |
13 | | enemy in time of war: |
14 | | (1) for the purpose of securing favorable treatment by |
15 | | his captors acts without proper authority in a manner |
16 | | contrary to law, custom, or regulation, to the detriment of |
17 | | others of whatever nationality held by the enemy as |
18 | | civilian or military prisoners; or |
19 | | (2) while in a position of authority over such persons |
20 | | maltreats them without justifiable cause;
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21 | | shall be punished as a court-martial may direct.
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22 | | (Source: P.A. 99-796, eff. 1-1-17 .) |
23 | | (20 ILCS 1807/105a new) |
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1 | | Sec. 105a. Article 105a. False or unauthorized pass |
2 | | offenses. |
3 | | (a) Any person subject to this Code who, wrongfully and |
4 | | falsely, makes, alters, counterfeits, or tampers with a |
5 | | military or official pass, permit, discharge certificate, or |
6 | | identification card shall be punished as a court-martial may |
7 | | direct. |
8 | | (b) Any person subject to this Code who wrongfully sells, |
9 | | gives, lends, or disposes of a false or unauthorized military |
10 | | or official pass, permit, discharge certificate, or |
11 | | identification card, knowing that the pass, permit, discharge |
12 | | certificate, or identification card is false or unauthorized, |
13 | | shall be punished as a court-martial may direct. |
14 | | (c) Any person subject to this Code who wrongfully uses or |
15 | | possesses a false or unauthorized military or official pass, |
16 | | permit, discharge certificate, or identification card, knowing |
17 | | that the pass, permit, discharge certificate, or |
18 | | identification card is false or unauthorized, shall be punished |
19 | | as a court-martial may direct. |
20 | | (20 ILCS 1807/106)
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21 | | Sec. 106. Article 106. Impersonation of officer, |
22 | | noncommissioned or petty officer, or agent or official |
23 | | (Reserved) .
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24 | | (a) Any person subject to this Code who, wrongfully and |
25 | | willfully, impersonates: |
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1 | | (1) an officer, a noncommissioned officer, or a petty |
2 | | officer; |
3 | | (2) an agent of superior authority of one of the armed |
4 | | forces; or |
5 | | (3) an official of a government;
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6 | | shall be punished as a court-martial may direct. |
7 | | (b) Any person subject to this Code who, wrongfully, |
8 | | willfully, and with intent to defraud, impersonates any person |
9 | | referred to in paragraph (1), (2), or (3) of subsection (a) |
10 | | shall be punished as a court-martial may direct. |
11 | | (c) Any person subject to this Code who, wrongfully, |
12 | | willfully, and without intent to defraud, impersonates an |
13 | | official of a government by committing an act that exercises or |
14 | | asserts the authority of the office that the person claims to |
15 | | have shall be punished as a court-martial may direct. |
16 | | (Source: P.A. 99-796, eff. 1-1-17.) |
17 | | (20 ILCS 1807/106a)
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18 | | Sec. 106a. Article 106a. Wearing unauthorized insignia, |
19 | | decoration, badge, ribbon, device, or lapel button (Reserved) . |
20 | | Any person subject to this Code:
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21 | | (1) who is not authorized to wear an insignia, |
22 | | decoration, badge, ribbon, device, or lapel button; and |
23 | | (2) who wrongfully wears such insignia, decoration, |
24 | | badge, ribbon, device, or lapel button upon the person's |
25 | | uniform or civilian clothing; |
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1 | | shall be punished as a court-martial may direct. |
2 | | (Source: P.A. 99-796, eff. 1-1-17.) |
3 | | (20 ILCS 1807/107)
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4 | | Sec. 107. Article 107. False official statements ; false |
5 | | swearing . |
6 | | (a) Any person subject to this Code who, with intent to |
7 | | deceive : , |
8 | | (1) signs any false record, return, regulation, order, |
9 | | or other official document made in the line of duty , |
10 | | knowing it to be false ; , or |
11 | | (2) makes any other false official statement made in |
12 | | the line of duty, knowing it to be false ; , |
13 | | shall be punished as a court-martial may direct.
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14 | | (b) Any person subject to this Code: |
15 | | (1) who takes an oath that: |
16 | | (A) is administered in a matter in which such oath |
17 | | is required or authorized by law; and |
18 | | (B) is administered by a person with authority to |
19 | | do so; and |
20 | | (2) who, upon such oath, makes or subscribes to a |
21 | | statement; if the statement is false and at the time of |
22 | | taking the oath, the person does not believe the statement |
23 | | to be true, |
24 | | shall be punished as a court-martial may direct. |
25 | | (Source: P.A. 99-796, eff. 1-1-17 .) |
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1 | | (20 ILCS 1807/107a new) |
2 | | Sec. 107a. Article 107a. Parole violation. Any person |
3 | | subject to this Code: |
4 | | (1) who, having been a prisoner as the result of a |
5 | | court-martial conviction or other criminal proceeding, is |
6 | | on parole with conditions; and |
7 | | (2) who violates the conditions of parole;
|
8 | | shall be punished as a court-martial may direct. |
9 | | (20 ILCS 1807/108a new) |
10 | | Sec. 108a. Article 108a. Captured or abandoned property. |
11 | | (a) All persons subject to this Code shall secure all |
12 | | public property taken from the enemy for the service of the |
13 | | United States, and shall give notice and turn over to the |
14 | | proper authority without delay all captured or abandoned |
15 | | property in their possession, custody, or control. |
16 | | (b) Any person subject to this Code who: |
17 | | (1) fails to carry out the duties prescribed in |
18 | | subsection (a); |
19 | | (2) buys, sells, trades, or in any way deals in or |
20 | | disposes of captured or abandoned property, whereby he |
21 | | receives or expects any profit, benefit, or advantage to |
22 | | himself or another directly or indirectly connected with |
23 | | himself; or |
24 | | (3) engages in looting or pillaging; shall be punished |
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1 | | as a court-martial may direct. |
2 | | (20 ILCS 1807/109a new) |
3 | | Sec. 109a. Article 109a. (Reserved). |
4 | | (20 ILCS 1807/110)
|
5 | | Sec. 110. Article 110. Improper hazarding of vessel or |
6 | | aircraft . |
7 | | (a) Any person subject to this Code who willfully and |
8 | | wrongfully hazards or suffers to be hazarded any vessel or |
9 | | aircraft of the armed forces of the United States or any state |
10 | | military forces shall be punished suffer such punishment as a |
11 | | court-martial may direct. |
12 | | (b) Any person subject to this Code who negligently hazards |
13 | | or suffers to be hazarded any vessel or aircraft of the armed |
14 | | forces of the United States or any state military forces shall |
15 | | be punished as a court-martial may direct.
|
16 | | (Source: P.A. 99-796, eff. 1-1-17 .) |
17 | | (20 ILCS 1807/112)
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18 | | Sec. 112. Article 112. Drunkenness and other |
19 | | incapacitation offenses Drunk on duty . |
20 | | (a) Any person subject to this Code other than a sentinel |
21 | | or look-out, who is found drunk on duty , shall be punished as a |
22 | | court-martial may direct.
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23 | | (b) Any person subject to this Code who, as a result of |
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1 | | indulgence in any alcoholic beverage or any drug, is |
2 | | incapacitated for the proper performance of duty shall be |
3 | | punished as a court-martial may direct. |
4 | | (c) Any person subject to this Code who is a prisoner and, |
5 | | while in such status, is drunk shall be punished as a |
6 | | court-martial may direct. |
7 | | (Source: P.A. 99-796, eff. 1-1-17 .) |
8 | | (20 ILCS 1807/113)
|
9 | | Sec. 113. Article 113. (Reserved). Misbehavior of |
10 | | sentinel. Any sentinel or look-out who is found drunk or |
11 | | sleeping upon his post or leaves it before being regularly |
12 | | relieved shall be punished, if the offense is committed in time |
13 | | of war, by confinement of not more than 10 years or other |
14 | | punishment as a court-martial may direct, but if the offense is |
15 | | committed at any other time, by such punishment as a |
16 | | court-martial may direct.
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17 | | (Source: P.A. 99-796, eff. 1-1-17 .) |
18 | | (20 ILCS 1807/115)
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19 | | Sec. 115. Article 115. Communicating threats Malingering . |
20 | | (a) Any person subject to this Code who wrongfully |
21 | | communicates a threat to injure the person, property, or |
22 | | reputation of another shall be punished as a court-martial may |
23 | | direct. |
24 | | (b) Any person subject to this Code who wrongfully |
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1 | | communicates a threat to injure the person or property of |
2 | | another by use of (1) an explosive, (2) a weapon of mass |
3 | | destruction, (3) a biological or chemical agent, substance, or |
4 | | weapon, or (4) a hazardous material, shall be punished as a |
5 | | court-martial may direct. |
6 | | (c) Any person subject to this Code who maliciously |
7 | | communicates a false threat concerning injury to the person or |
8 | | property of another by use of (1) an explosive, (2) a weapon of |
9 | | mass destruction, (3) a biological or chemical agent, |
10 | | substance, or weapon, or (4) a hazardous material, shall be |
11 | | punished as a court-martial may direct. As used in this |
12 | | subsection, "false threat" means a threat that, at the time the |
13 | | threat is communicated, is known to be false by the person |
14 | | communicating the threat. |
15 | | Any person subject to this Code who for the purpose of avoiding |
16 | | work, duty, or service: |
17 | | (1) feigns illness, physical disablement, mental |
18 | | lapse, or derangement; or |
19 | | (2) intentionally inflicts self-injury;
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20 | | shall be punished as a court-martial may direct.
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21 | | (Source: P.A. 99-796, eff. 1-1-17 .) |
22 | | (20 ILCS 1807/119a new) |
23 | | Sec. 119a. Article 119a. (Reserved). |
24 | | (20 ILCS 1807/119b new) |
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1 | | Sec. 119b. Article 119b. (Reserved). |
2 | | (20 ILCS 1807/120a new) |
3 | | Sec. 120a. Article 120a. (Reserved). |
4 | | (20 ILCS 1807/120b new) |
5 | | Sec. 120b. Article 120b. (Reserved). |
6 | | (20 ILCS 1807/120c new) |
7 | | Sec. 120c. Article 120c. (Reserved). |
8 | | (20 ILCS 1807/121a new) |
9 | | Sec. 121a. Article 121a. (Reserved). |
10 | | (20 ILCS 1807/122a new) |
11 | | Sec. 122a. Article 122a. (Reserved). |
12 | | (20 ILCS 1807/123)
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13 | | Sec. 123. Article 123. Offenses concerning Government |
14 | | computers (Reserved) .
|
15 | | (a) Any person subject to this Code who: |
16 | | (1) knowingly accesses a Government computer, with an |
17 | | unauthorized purpose, and by doing so obtains classified |
18 | | information, with reason to believe such information could |
19 | | be used to the injury of the United States, or to the |
20 | | advantage of any foreign nation, and intentionally |
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1 | | communicates, delivers, transmits, or causes to be |
2 | | communicated, delivered, or transmitted such information |
3 | | to any person not entitled to receive it; |
4 | | (2) intentionally accesses a Government computer, with |
5 | | an unauthorized purpose, and thereby obtains classified or |
6 | | other protected information from any such Government |
7 | | computer; or |
8 | | (3) knowingly causes the transmission of a program, |
9 | | information, code, or command, and as a result of such |
10 | | conduct, intentionally causes damage without authorization |
11 | | to a Government computer;
|
12 | | shall be punished as a court-martial may direct. |
13 | | (b) In this Article: |
14 | | (1) "Computer" has the meaning given that term in |
15 | | Section 1030 of Title 18 of the United States Code. |
16 | | (2) "Government computer" means a computer owned or |
17 | | operated by or on behalf of the United States Government or |
18 | | State government. |
19 | | (3) "Damage" has the meaning given that term in Section |
20 | | 1030 of Title 18 of the United States Code. |
21 | | (Source: P.A. 99-796, eff. 1-1-17.) |
22 | | (20 ILCS 1807/124)
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23 | | Sec. 124. Article 124. Frauds against the government. Any |
24 | | person subject to this Code: (Reserved).
|
25 | | (1) who, knowing it to be false or fraudulent: |
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1 | | (A) makes any claim against the United States, this |
2 | | State, or any officer thereof; or |
3 | | (B) presents to any person in the civil or military |
4 | | service thereof, for approval or payment, any claim against |
5 | | the United States, this State, or any officer thereof; |
6 | | (2) who, for the purpose of obtaining the approval, |
7 | | allowance, or payment of any claim against the United States, |
8 | | this State, or any officer thereof: |
9 | | (A) makes or uses any writing or other paper knowing it |
10 | | to contain any false or fraudulent statements; |
11 | | (B) makes any oath, affirmation, or certification to |
12 | | any fact or to any writing or other paper knowing the oath, |
13 | | affirmation, or certification to be false; or |
14 | | (C) forges or counterfeits any signature upon any |
15 | | writing or other paper, or uses any such signature knowing |
16 | | it to be forged or counterfeited; |
17 | | (3) who, having charge, possession, custody, or control of |
18 | | any money, or other property of the United States or this |
19 | | State, furnished or intended for the armed forces of the United |
20 | | States or the State military forces, knowingly delivers to any |
21 | | person having authority to receive it, any amount thereof less |
22 | | than that for which he receives a certificate or receipt; or |
23 | | (4) who, being authorized to make or deliver any paper |
24 | | certifying the receipt of any property of the United States or |
25 | | this State, furnished or intended for the armed forces of the |
26 | | United States or the State military forces, makes or delivers |
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1 | | to any person such writing without having full knowledge of the |
2 | | truth of the statements therein contained and with intent to |
3 | | defraud the United States or this State;
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4 | | shall, upon conviction, be punished as a court-martial may |
5 | | direct. |
6 | | (Source: P.A. 99-796, eff. 1-1-17.) |
7 | | (20 ILCS 1807/124a new) |
8 | | Sec. 124a. Article 124a. (Reserved). |
9 | | (20 ILCS 1807/124b new) |
10 | | Sec. 124b. Article 124b. (Reserved). |
11 | | (20 ILCS 1807/128a new) |
12 | | Sec. 128a. Article 128a. (Reserved). |
13 | | (20 ILCS 1807/131a new) |
14 | | Sec. 131a. Article 131a. (Reserved). |
15 | | (20 ILCS 1807/131b new) |
16 | | Sec. 131b. Article 131b. (Reserved). |
17 | | (20 ILCS 1807/131c new) |
18 | | Sec. 131c. Article 131c. (Reserved). |
19 | | (20 ILCS 1807/131d new) |
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1 | | Sec. 131d. Article 131d. (Reserved). |
2 | | (20 ILCS 1807/131e new) |
3 | | Sec. 131e. Article 131e. (Reserved). |
4 | | (20 ILCS 1807/131f new) |
5 | | Sec. 131f. Article 131f. Noncompliance with procedural |
6 | | rules. Any person subject to this Code who: |
7 | | (1) is responsible for unnecessary delay in the |
8 | | disposition of any case of a person accused of an offense |
9 | | under this Code; or |
10 | | (2) knowingly and intentionally fails to enforce or |
11 | | comply with any provision of this Code regulating the |
12 | | proceedings before, during, or after trial of an accused; |
13 | | shall be punished as a court-martial may direct. |
14 | | (20 ILCS 1807/131g new) |
15 | | Sec. 131g. Article 131g. Wrongful interference with |
16 | | adverse administrative proceeding. Any person subject to this |
17 | | Code who, having reason to believe that an adverse |
18 | | administrative proceeding is pending against any person |
19 | | subject to this Code, wrongfully acts with the intent: |
20 | | (1) to influence, impede, or obstruct the conduct of |
21 | | the proceeding; or |
22 | | (2) otherwise to obstruct the due administration of |
23 | | justice; |
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1 | | shall be punished as a court-martial may direct. |
2 | | (20 ILCS 1807/132)
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3 | | Sec. 132. Article 132. Retaliation Frauds against the |
4 | | government . |
5 | | (a) Any person subject to this Code who, with the intent to |
6 | | retaliate against any person for reporting or planning to |
7 | | report a criminal offense, or making or planning to make a |
8 | | protected communication, or with the intent to discourage any |
9 | | person from reporting a criminal offense or making or planning |
10 | | to make a protected communication: |
11 | | (1) wrongfully takes or threatens to take an adverse |
12 | | personnel action against any person; or |
13 | | (2) wrongfully withholds or threatens to withhold a |
14 | | favorable personnel action with respect to any person; |
15 | | shall be punished as a court-martial may direct. |
16 | | (b) In this Article: |
17 | | (1) "Protected communication" means the following: |
18 | | (A) A lawful communication to a Member of Congress |
19 | | or an Inspector General. |
20 | | (B) A communication to a covered individual or |
21 | | organization in which a member of the State military |
22 | | forces complains of, or discloses information that the |
23 | | member reasonably believes constitutes evidence of, |
24 | | any of the following: |
25 | | (i) A violation of law or regulation, |
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1 | | including a law or regulation prohibiting sexual |
2 | | harassment or unlawful discrimination. |
3 | | (ii) Gross mismanagement, a gross waste of |
4 | | funds, an abuse of authority, or a substantial and |
5 | | specific danger to public health or safety. |
6 | | (2) "Inspector General" has the meaning given that term |
7 | | in Section 1034(j) of Title 10 of the United States Code. |
8 | | (3) "Covered individual or organization" means any |
9 | | recipient of a communication specified in clauses (i) |
10 | | through (v) of Section 1034(b)(1)(B) of Title 10 of this |
11 | | Code. |
12 | | (4) "Unlawful discrimination" means discrimination on |
13 | | the basis of race, color, religion, sex, or national |
14 | | origin. |
15 | | Any person subject to this Code: |
16 | | (1) who, knowing it to be false or fraudulent: |
17 | | (A) makes any claim against the United States, this |
18 | | State, or any officer thereof; or |
19 | | (B) presents to any person in the civil or military |
20 | | service thereof, for approval or payment, any claim |
21 | | against the United States, this State, or any officer |
22 | | thereof; |
23 | | (2) who, for the purpose of obtaining the approval, |
24 | | allowance, or payment of any claim against the United |
25 | | States, this State, or any officer thereof: |
26 | | (A) makes or uses any writing or other paper |
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1 | | knowing it to contain any false or fraudulent |
2 | | statements; |
3 | | (B) makes any oath, affirmation, or certification |
4 | | to any fact or to any writing or other paper knowing |
5 | | the oath, affirmation, or certification to be false; or |
6 | | (C) forges or counterfeits any signature upon any |
7 | | writing or other paper, or uses any such signature |
8 | | knowing it to be forged or counterfeited; |
9 | | (3) who, having charge, possession, custody, or |
10 | | control of any money, or other property of the United |
11 | | States or this State, furnished or intended for the armed |
12 | | forces of the United States or the State military forces, |
13 | | knowingly delivers to any person having authority to |
14 | | receive it, any amount thereof less than that for which he |
15 | | receives a certificate or receipt; or |
16 | | (4) who, being authorized to make or deliver any paper |
17 | | certifying the receipt of any property of the United States |
18 | | or this State, furnished or intended for the armed forces |
19 | | of the United States or the State military forces, makes or |
20 | | delivers to any person such writing without having full |
21 | | knowledge of the truth of the statements therein contained |
22 | | and with intent to defraud the United States or this State; |
23 | | shall, upon conviction, be punished as a court-martial may |
24 | | direct.
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25 | | (Source: P.A. 99-796, eff. 1-1-17 .) |