20 ILCS 1805/ Military Code of Illinois.

(20 ILCS 1805/Art. I heading) ARTICLE I. STATE MILITIA IN GENERAL

(20 ILCS 1805/1) (from Ch. 129, par. 220.01)

Sec. 1. All able-bodied citizens of this State and all other able-bodied residents in this State who have declared their intention to become citizens of the United States, between the ages of 18 and 45, except such as are expressly exempted by the laws of the United States and the State of Illinois, shall be subject to military duty and designated as the Illinois State Militia.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/1.01) (from Ch. 129, par. 220.001)

Sec. 1.01. This Act may be cited as the Military Code of Illinois.

(Source: P.A. 86-1475.)

(20 ILCS 1805/2) (from Ch. 129, par. 220.02)

Sec. 2. The Illinois State Militia shall be divided into two classes: the Organized and the Unorganized Militia.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/3) (from Ch. 129, par. 220.03)

Sec. 3. Whenever all or a portion of the Illinois National Guard is called or ordered into the active military service of the United States by the President of the United States or the Congress of the United States it shall be the duty of the Governor as Commander-in-Chief to furnish such troops, and the Governor as Commander-in-Chief may, by his proclamation, organize the Illinois State Guard under the provisions of the Illinois State Guard Law.

(Source: P.A. 85-1241.)

(20 ILCS 1805/4) (from Ch. 129, par. 220.04)

Sec. 4. The intent of this Act and all Acts of the State of Illinois affecting the Illinois National Guard and Unorganized Militia is to conform to all Acts and regulations of the United States affecting the same subjects, and all Acts of the State of Illinois shall be construed to effect this purpose.

(Source: P.A. 85-1241.)

(20 ILCS 1805/Art. II heading) ARTICLE II. THE ORGANIZED MILITIA

(20 ILCS 1805/5) (from Ch. 129, par. 220.05)

Sec. 5. The military force of the State is hereby designated the Illinois National Guard, consisting of the Army National Guard and the Air National Guard.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/7) (from Ch. 129, par. 220.07)

Sec. 7. The Organized Militia shall consist of the Illinois National Guard. There shall be no racial segregation nor shall there be any unlawful discrimination in the service of any detachment, company, regiment, division, department or any other subdivision of the Illinois National Guard.

(Source: P.A. 99-557, eff. 1-1-17.)

(20 ILCS 1805/8) (from Ch. 129, par. 220.08)

Sec. 8. The personnel strength of the Organized Militia shall be in accordance with tables and authorizations provided by the U.S. Departments of the Army and the Air Force for the U.S. Army and Air National Guard, respectively.

(Source: P.A. 99-557, eff. 1-1-17.)

(20 ILCS 1805/9) (from Ch. 129, par. 220.09)

Sec. 9. The Governor as Commander-in-Chief shall have power to make all necessary rules and regulations and to issue such orders from time to time as may be necessary for the thorough organization and discipline of the militia, but such rules, regulations and orders shall conform with the laws of the United States and the rules, regulations and tables based thereon.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/10) (from Ch. 129, par. 220.10)

Sec. 10. The uniforms, arms and equipment of all personnel of the Illinois National Guard shall be exempt from all suits, distresses, executions or sales for debts or payment of taxes. Personnel shall in all cases except treason, felony, or breach of peace, be privileged from arrest and imprisonment by civil authority while under orders in the active service of the State, from the date of the issuing of such orders to the time when such service shall cease.

(Source: P.A. 85-1241.)

(20 ILCS 1805/Art. III heading) ARTICLE III. GENERAL ORGANIZATION

(20 ILCS 1805/11) (from Ch. 129, par. 220.11)

Sec. 11. The Governor of the State is Commander-in-Chief of the military forces of the State.

(Source: P.A. 85-1241.)

(20 ILCS 1805/12) (from Ch. 129, par. 220.12)

Sec. 12. (Repealed).

(Source: P.A. 85-1241. Repealed by P.A. 99-557, eff. 1-1-17.)

(20 ILCS 1805/13) (from Ch. 129, par. 220.13)

Sec. 13. (Repealed).

(Source: Laws 1957, p. 2141. Repealed by P.A. 99-557, eff. 1-1-17.)

(20 ILCS 1805/13.5)

Sec. 13.5. Illinois Patriot Law.

(a) Short title. This Section may be cited as the Illinois Patriot Law.

(b) The Department of Military Affairs shall establish by rule a recognition program to allow the Governor or the Adjutant General to recognize individuals or organizations who have contributed to the advancement of the Illinois National Guard.

(Source: P.A. 98-248, eff. 8-9-13.)

(20 ILCS 1805/14) (from Ch. 129, par. 220.14)

Sec. 14. The Commander-in-Chief shall appoint from the active officers of the Illinois National Guard, the Adjutant General, with the grade of Major General. The appointment of the Adjutant General shall be for a term expiring on the 3rd Monday in January, 1971, and in each odd-numbered year thereafter. The Adjutant General shall serve as both the Director of the Department of Military Affairs and as the Commander of the Illinois National Guard.

(Source: P.A. 98-694, eff. 7-3-14; 99-557, eff. 1-1-17.)

(20 ILCS 1805/15) (from Ch. 129, par. 220.15)

Sec. 15. Assistant Adjutants General.

(a) The Commander-in-Chief shall appoint from the active officers of the Illinois National Guard, a full-time Assistant Adjutant General for Army and a full-time Assistant Adjutant General for Air each with a grade not to exceed Major General. Each of the Assistant Adjutants General shall be appointed for a term coinciding with the term provided for the Adjutant General in Section 14, and shall serve with the compensation and responsibilities as designated in this Act.

(a-5) (Blank).

(b) The Commander-in-Chief may also appoint additional Assistant Adjutants General for Army and such additional Assistant Adjutants General for Air with the grades not to exceed those authorized for the positions in the Joint Force Headquarters of the Illinois National Guard.

(Source: P.A. 99-557, eff. 1-1-17.)

(20 ILCS 1805/16) (from Ch. 129, par. 220.16)

Sec. 16. Qualifications. The Adjutant General and the Assistant Adjutants General shall have had 10 or more years of active commissioned service in a component of the U.S. Armed Forces, the active Illinois Army National Guard, or active Illinois Air National Guard, as appropriate, and have attained at least the grade of or equivalent to Colonel or Lieutenant Colonel, respectively.

(Source: P.A. 91-100, eff. 1-1-00; 92-251, eff. 8-3-01.)

(20 ILCS 1805/17) (from Ch. 129, par. 220.17)

Sec. 17. The Adjutant General and the Assistant Adjutants General shall give their entire time to their military duties. For terms beginning after January 18, 2019 (the effective date of Public Act 100-1179) and before January 16, 2023, the annual salaries for the Adjutant General and the Assistant Adjutants General shall be an amount equal to 15% more than the respective officer's annual salary as of December 31, 2018. The calculation of the 2018 salary base for this adjustment shall not include any cost of living adjustments, as authorized by Senate Joint Resolution 192 of the 86th General Assembly, for the period beginning July 1, 2009 to June 30, 2019. On July 1, 2019 and each July 1 thereafter through July 1, 2022, the Adjutant General and the Assistant Adjutants General shall receive an increase in salary based on a cost of living adjustment as authorized by Senate Joint Resolution 192 of the 86th General Assembly.

Notwithstanding any other provision of law, for terms beginning on or after January 16, 2023, the Adjutant General shall receive an annual salary of $165,000 or as set by the Governor, whichever is higher. On July 1, 2023, and on each July 1 thereafter, the Adjutant General shall receive an increase in salary based on a cost of living adjustment as authorized by Senate Joint Resolution 192 of the 86th General Assembly.

Notwithstanding any other provision of law, for terms beginning on or after January 16, 2023, the Assistant Adjutants General shall receive an annual salary of $140,250 or as set by the Governor, whichever is higher. On July 1, 2023, and on each July 1 thereafter, the Assistant Adjutants General shall receive an increase in salary based on a cost of living adjustment as authorized by Senate Joint Resolution 192 of the 86th General Assembly.

(Source: P.A. 102-1115, eff. 1-9-23.)

(20 ILCS 1805/18) (from Ch. 129, par. 220.18)

Sec. 18. The term "military service" used herein as qualification for appointment of officers of the Illinois National Guard is defined to mean such military or naval service credited as cumulative years of service for pay purposes in accordance with the laws of the United States and the rules and regulations based thereon.

(Source: P.A. 85-1241.)

(20 ILCS 1805/19) (from Ch. 129, par. 220.19)

Sec. 19. No orders involving expenditure of public funds in the military service shall be given by an officer or other person except as provided by law, or in emergency of the public peace, when life and property are endangered, as provided in Section 28 hereof.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/Art. IV heading) ARTICLE IV. THE DEPARTMENT OF MILITARY AFFAIRS

(20 ILCS 1805/20) (from Ch. 129, par. 220.20)

Sec. 20. There is hereby established in the Executive Branch of the State Government, a principal department which shall be known as the Department of Military Affairs. The Department of Military Affairs shall consist of the Adjutant General; an Assistant Adjutant General for Army; an Assistant Adjutant General for Air; and the number of military and civilian employees required. It is the channel of communication between the Federal Government and the State of Illinois on all matters pertaining to the State military forces.

(Source: P.A. 99-557, eff. 1-1-17.)

(20 ILCS 1805/20.5)

Sec. 20.5. Division of Family Affairs. Subject to appropriations for this purpose, the Division of Family Affairs is created as a Division within the Department of Military Affairs. The Division shall assist family members of military members who are mobilized or in service abroad. This assistance shall include, but need not be limited to, advocacy to help such family members access all available State services that are provided through the Department or any other State agency.

(Source: P.A. 99-557, eff. 1-1-17.)

(20 ILCS 1805/21) (from Ch. 129, par. 220.21)

Sec. 21. The Assistant Adjutant General for Army shall be the chief administrative assistant to the Adjutant General for Army matters and the Assistant Adjutant General for Air shall be the chief administrative assistant to the Adjutant General for Air matters and both shall perform such duties as may be directed by the Adjutant General. 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 to perform the duties of the office until an Adjutant General is appointed.

(Source: P.A. 100-1030, eff. 8-22-18; 101-81, eff. 7-12-19.)

(20 ILCS 1805/22) (from Ch. 129, par. 220.22)

Sec. 22. Adjutant General; duties. The Adjutant General shall be charged with carrying out the policies of the Commander-in-Chief and shall issue orders in his name. Orders of the Adjutant General shall be considered as emanating from the Commander-in-Chief.

(a) He shall be the immediate adviser of the Commander-in-Chief on all matters relating to the militia and shall be charged with the planning, development and execution of the program of the military forces of the State. He shall be responsible for the preparation and execution of plans, for organizing, supplying, equipping and mobilizing the Organized Militia, for use in the national defense, and for State defense, and emergencies.

(b) He shall hold major organization commanders responsible for the training of their commands, and shall issue all orders and instructions for the government of the militia and of the officers, warrant officers, and enlisted personnel therein.

(c) He shall make such returns and reports as may be prescribed by the Commander-in-Chief or required by the laws or regulations of the State or of the United States.

(d) He shall, subject to the appropriation of funds by the General Assembly for this purpose, order such personnel of the Illinois National Guard into active service of the State as are required by the Commander-in-Chief to support non-emergency functions of the State, including but not limited to National Guard involvement in training exercises conducted in conjunction with the Illinois Emergency Management Agency. Illinois National Guard personnel placed on duty pursuant to this item (d) shall be paid in accordance with the provisions of Sections 48 and 49.

(e) The Adjutant General shall be the head of the Department of Military Affairs of the Executive Branch of the government of the State and shall be the Commander of the Illinois National Guard.

(Source: P.A. 98-694, eff. 7-3-14.)

(20 ILCS 1805/22-1) (from Ch. 129, par. 220.22-1)

Sec. 22-1. The Adjutant General has the power and authority to enter into contracts and agreements in the name of the State of Illinois with the Federal government on any and all matters relating to the organizing, training, equipping, quartering and maintenance of the Illinois National Guard.

(Source: P.A. 85-1241.)

(20 ILCS 1805/22-2) (from Ch. 129, par. 220.22-2)

Sec. 22-2. The Adjutant General shall have the power and authority to sell, at a fair market price, Illinois National Guard facilities and lands under his jurisdiction when in his judgment such facilities and lands are obsolete, inadequate, unusable or no longer required for Illinois National Guard purposes. All such sales shall be subject to the written approval of the Governor. Where the sale price of the facility exceeds 3.5 million dollars, and the facility is located in any county with a population of 1 million or more, the authorization of the General Assembly will be required for the sale of such facility.

(Source: P.A. 97-764, eff. 7-6-12.)

(20 ILCS 1805/22-3) (from Ch. 129, par. 220.22-3)

Sec. 22-3. All monies received from the sale of Illinois National Guard facilities and lands pursuant to authority contained in Section 22-2, all moneys received from the transfer or exchange of any realty under the control of the Department pursuant to authority contained in Section 22-5, and all funds received from the federal government under terms of the Federal Master Cooperative Agreement related to constructing and maintaining real property between the Department of Military Affairs and the United States Property and Fiscal Officer for Illinois shall be paid into the State Treasury without delay and shall be deposited into a special fund to be known as the Illinois National Guard Construction Fund. The monies in this fund shall be used exclusively by the Adjutant General for the purpose of acquiring building sites, constructing new facilities, rehabilitating existing facilities, and making other capital improvements. Expenditures from this fund shall be subject to appropriation by the General Assembly.

(Source: P.A. 100-815, eff. 8-13-18.)

(20 ILCS 1805/22-4) (from Ch. 129, par. 220.22-4)

Sec. 22-4. The Adjutant General shall have the power and authority to grant licenses and rights-of-way within the areas controlled by the Department for construction, operation and maintenance upon, under or across such property, of facilities for water, sewage, telephone, telegraph, electric, gas or other public service, subject to such terms and conditions as may be determined by the Department.

(Source: P.A. 83-899.)

(20 ILCS 1805/22-5) (from Ch. 129, par. 220.22-5)

Sec. 22-5. The Adjutant General shall have the power and authority to transfer jurisdiction of or exchange any realty under the control of the Department to any other Department of the State government, or to any agency of the Federal government, or to any unit of local government when such transfer is authorized by the General Assembly.

(Source: P.A. 85-889.)

(20 ILCS 1805/22-6)

Sec. 22-6. (Repealed).

(Source: P.A. 97-764, eff. 7-6-12. Repealed by P.A. 100-815, eff. 8-13-18.)

(20 ILCS 1805/22-7) (from Ch. 129, par. 220.22-7)

Sec. 22-7. (Repealed).

(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)

(20 ILCS 1805/22-8)

Sec. 22-8. Funds and monies made available by public or private entities. The Department may apply for, receive, expend, allocate, or disburse funds and moneys made available by public or private entities, including, but not limited to, contracts, private or public financial gifts, bequests, grants, or donations from individuals, corporations, or foundations. All funds received by the Department from these sources shall be deposited into the Military Affairs Trust Fund created by this amendatory Act of 1993. All moneys expended by the Department of Military Affairs from this Fund shall be appropriated by the General Assembly for the purposes as indicated by the grantor, donor or, in the case of funds or moneys given or donated for no specific purpose, for any purpose deemed appropriate by the Director in administering the responsibilities of the Department as set forth in the Military Code of Illinois.

(Source: P.A. 88-183.)

(20 ILCS 1805/22-9)

Sec. 22-9. Power to make grants from the Illinois Military Family Relief Fund. Subject to appropriation, the Department of Military Affairs shall have the power to make grants from the Illinois Military Family Relief Fund, a special fund created in the State treasury, to (i) members of the Illinois National Guard or Illinois residents who are members of the reserves of the armed forces of the United States who have been called to active duty as a result of an emergency declared by the President of the United States or Congress or as defined by administrative rule of the Department; (ii) for the casualty-based grant only: Illinois National Guard members or Illinois residents who are members of the reserves of the armed forces of the United States and who, while deployed in support of operations as provided in item (i) of this Section, sustained an injury as a result of terrorist activity; sustained an injury in combat, or related to combat, as a direct result of hostile action; or sustained an injury going to or returning from a combat mission, provided that the incident leading to the injury was directly related to hostile action; this includes injuries to service members who are wounded mistakenly or accidentally by friendly fire directed at a hostile force or what is thought to be a hostile force; (iii) members of the Illinois National Guard who have been called to State Active Duty for 30 or more consecutive days of duty; and (iv) families of the classes of persons listed in items (i), (ii), and (iii) of this Section. The Department of Military Affairs shall establish eligibility criteria for all grants by rule.

On and after the effective date of this amendatory Act of the 96th General Assembly, the Department must award at least $5,000 to each recipient of a casualty-based grant and must include Illinois residents who are active duty members of the armed forces of the United States in the eligibility for the casualty-based grant in item (ii) of this Section. Each recipient may receive only one casualty-based grant for injuries received during, or arising out of, the same engagement or incident.

Grants awarded from the Illinois Military Family Relief Fund shall not be subject to garnishment, wage levy, forfeiture, or other remedy, unless the denial of that remedy is inconsistent with the requirements of any other State or federal law.

In addition to amounts transferred into the Fund under Section 510 of the Illinois Income Tax Act, the State Treasurer shall accept and deposit into the Fund all gifts, grants, transfers, appropriations, and other amounts from any legal source, public or private, that are designated for deposit into the Fund. To prevent a delay of 30 or more days in the payment of casualty-based grants, the Department may use, for administration of the program, as much as 5% of the appropriations designated for the casualty-based grant program.

(Source: P.A. 98-694, eff. 7-3-14.)

(20 ILCS 1805/22-9.1)

Sec. 22-9.1. National Guard billeting operations; fund.

(a) Billeting operations. The Department of Military Affairs is authorized to provide oversight and administration of billeting operations conducted by the Illinois National Guard at locations within the State, including, but not limited to, Marseilles Training Center, Camp Lincoln, and any other training sites where military billeting operations may be established.

(b) Illinois National Guard Billeting Fund. The Illinois National Guard Billeting Fund is created as a special, non-appropriated fund in the State treasury. The Fund shall receive proceeds collected by the Department of Military Affairs in exchange for the provision of billets at any site within the State where military billeting operations are established or conducted. Moneys within the Fund shall be used to pay the expenses of billeting operations not eligible for payment with federal or State appropriated funds, including, but not limited to, the procurement of items for billeting rooms, cleaning, linen, and maintenance. The Department of Military Affairs shall administer the Fund in accordance with the laws of this State, applicable federal requirements governing the use of such funds, and appropriate rules and procedures established by the Adjutant General.

(Source: P.A. 98-733, eff. 7-16-14.)

(20 ILCS 1805/22-10)

Sec. 22-10. (Repealed).

(Source: P.A. 99-557, eff. 1-1-17. Repealed by P.A. 100-1101, eff. 1-1-19.)

(20 ILCS 1805/23) (from Ch. 129, par. 220.23)

Sec. 23. The Adjutant General shall keep a record of the appointments of officers, warrant officers, and noncommissioned officers. He shall have general charge of recruiting and records of enlistments and discharges, and keep the military history of personnel of the State forces.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/24) (from Ch. 129, par. 220.24)

Sec. 24. The Adjutant General shall have charge of all correspondence and the records thereof pertaining to his office, and shall file for record all returns of troops, all reports and records of field service, drills and instruction, and of all active service performed by troops of the State in service of the State or of the United States.

(Source: P.A. 99-557, eff. 1-1-17.)

(20 ILCS 1805/24.1) (from Ch. 129, par. 220.24-1)

Sec. 24.1. The Adjutant General is authorized to negotiate and enter into contracts on behalf of all civilian employees of the Army National Guard and Air National Guard under his jurisdiction for membership in an employee retirement, disability or death benefits system, and membership in a group health insurance program, and to enter into agreements with the Secretary of Defense of the United States of America for withholding sums from the compensation of such civilian employees for contributions to such system or program. The Adjutant General is also authorized to designate who shall receive the sums withheld for contributions to the system or program authorized by this Section.

(Source: Laws 1965, p. 2574.)

(20 ILCS 1805/25) (from Ch. 129, par. 220.25)

Sec. 25. The Adjutant General shall have charge of and carefully preserve the colors, flags, guidons and military trophies of war belonging to the State. He may, for the purpose of enabling wider public display, make loans of these items to the Federal government, other State governments, and to recognized museums. He shall furnish, at the expense of the State, blanks and forms, and such military publications as required.

Prior to September 1 of each year, or at such other time as prescribed by the Governor, the Adjutant General shall file with the Office of the Governor a report listing each item loaned during the previous fiscal year and prior fiscal years, the terms and conditions of each loan, and the federal or State governmental office or recognized museum to which each item has been loaned.

(Source: P.A. 91-826, eff. 6-13-00.)

(20 ILCS 1805/25.5)

Sec. 25.5. (Repealed).

(Source: P.A. 92-600, eff. 7-1-02. Repealed internally, eff. 1-1-03.)

(20 ILCS 1805/25.6)

Sec. 25.6. (Repealed).

(Source: P.A. 93-433, eff. 8-5-03. Repealed internally, eff. 1-1-06.)

(20 ILCS 1805/26) (from Ch. 129, par. 220.26)

Sec. 26. On or before the first day of November next preceding the regular session of the General Assembly, The Adjutant General shall make out a full and detailed report to the Governor of all the transactions of his office, including receipts and expenditures of all appropriated funds. In preparing his account of the money paid out and expended, he shall group the expenditures made from each separate appropriation under the objects and purposes as classified and standardized in Section 13 of "An Act in Relation to State Finance", approved June 10, 1919, as amended. The Adjutant General shall also report upon such other matters at such times as shall be required by the Commander-in-Chief.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/27) (from Ch. 129, par. 220.27)

Sec. 27. Military installations; supervision, safety, health, and security. The Adjutant General shall be responsible for and have supervision of all military installations, facilities, armories, grounds, buildings, property, and equipment of the Illinois Army and Air National Guard. The Adjutant General may make rules governing the safety, health, and security of the personnel, facilities, property, and equipment on those military installations in conformity with rules and regulations in effect on federal military installations.

(Source: P.A. 96-509, eff. 1-1-10; 96-733, eff. 1-1-10.)

(20 ILCS 1805/27.5)

Sec. 27.5. Publication of rights and responsibilities. The Department must create a publication setting forth the rights and responsibilities of service members under State and federal law. The Department must make this publication available through printed or electronic means to service members, their families, and organizations that assist service members, veterans, or their families.

(Source: P.A. 93-833, eff. 7-28-04.)

(20 ILCS 1805/28) (from Ch. 129, par. 220.28)

Sec. 28. When the Commander-in-Chief proclaims a time of public danger or when an emergency exists, the Adjutant General may purchase or authorize the purchase of stores and supplies in accordance with the emergency purchase provisions in the Illinois Procurement Code.

(Source: P.A. 99-557, eff. 1-1-17; 100-201, eff. 8-18-17.)

(20 ILCS 1805/Art. IV-A heading) ARTICLE IV-A. MILITARY FUNERAL HONORS

(20 ILCS 1805/28.1)

Sec. 28.1. Purpose. This Article establishes the Illinois Military Funeral Honors Program to ensure, subject to the appropriation of adequate funds, an appropriate final tribute to deceased veterans and Governors in the absence of federal military funeral honors or funeral honors provided by veteran organizations. This Article establishes procedures that ensure this tribute on behalf of a grateful citizenry to honor deceased veterans in recognition of their service to the State of Illinois and to the United States of America. The rendering of military funeral honors is the ceremonial paying of respects and final demonstration of gratitude to those who, in times of war and peace, have faithfully defended freedom.

(Source: P.A. 92-76, eff. 1-1-02.)

(20 ILCS 1805/28.2)

Sec. 28.2. Administration. The Adjutant General of Illinois, as Director of the Department of Military Affairs, shall administer the Military Funeral Honors Program.

(Source: P.A. 92-76, eff. 1-1-02.)

(20 ILCS 1805/28.3)

Sec. 28.3. State funeral honors. The funeral honors entitlement established by this Article may be provided to an eligible veteran only if (i) a request for military funeral honors has been made on behalf of the deceased veteran to federal authorities and (ii) military funeral honors are not to be provided by federal authorities, regardless of the reason. Governors are entitled to funeral honors without a federal request.

(Source: P.A. 92-76, eff. 1-1-02.)

(20 ILCS 1805/28.4)

Sec. 28.4. Eligibility. Only veterans and Governors are eligible for military funeral honors under this Article. In this Article, "veteran" means an Illinois resident who is a veteran as defined in subsection (h) of Section 1491 of Title 10 of the United States Code. Governors are eligible for military funeral honors because of their service as Commander-in-Chief of the military forces of the State of Illinois.

(Source: P.A. 92-76, eff. 1-1-02.)

(20 ILCS 1805/28.5)

Sec. 28.5. Waiver authority.

(a) With approval of the Governor, the Adjutant General may waive the requirement established in Section 28.3 of this Article if the Adjutant General determines in writing that it is in the best interests of the State of Illinois to do so.

(b) Waiver authority under this Section may be delegated only to the Assistant Adjutant General for Army or the Assistant Adjutant General for Air.

(Source: P.A. 92-76, eff. 1-1-02.)

(20 ILCS 1805/28.6)

Sec. 28.6. Policy.

(a) A member of the Army National Guard or the Air National Guard may be ordered to funeral honors duty in accordance with this Article. Members of the Illinois National Guard ordered to funeral honors duty in accordance with this Article are considered to be in the active service of the State for all purposes except for pay, and the provisions of Sections 52, 53, 54, 55, and 56 of the Military Code of Illinois apply if a member of the Illinois National Guard is injured or becomes a person with a disability in the course of those duties.

(b) The Adjutant General may provide support for other authorized providers who volunteer to participate in a funeral honors detail conducted on behalf of the Governor. This support is limited to transportation and training.

(c) On or after July 1, 2006, if the Adjutant General determines that Illinois National Guard personnel are not available to perform military funeral honors in accordance with this Article, the Adjutant General may authorize another appropriate organization to provide one or more of its members to perform those honors and, subject to appropriations for that purpose, shall authorize the payment of a $100 stipend to the organization.

(Source: P.A. 99-143, eff. 7-27-15; 99-557, eff. 1-1-17.)

(20 ILCS 1805/28.7)

Sec. 28.7. Presentation of State flag. When a member of the Illinois National Guard or any Illinois resident dies while on State Active Duty or while serving in duty or training statuses pursuant to Title 10 or Title 32 of the United States Code as approved by the member's service component, the Adjutant General, the Assistant Adjutant General for Army, the Assistant Adjutant General for Air, or a representative designated by the Adjutant General may present one State flag of Illinois to the next of kin of the deceased who receives the United States burial flag, or that person's designee, as soon as is practicable.

(Source: P.A. 102-387, eff. 1-1-22; 102-1083, eff. 1-1-23.)

(20 ILCS 1805/28.8)

Sec. 28.8. Rules. The Adjutant General, as Director of the Department of Military Affairs, must adopt appropriate rules to implement this program.

(Source: P.A. 92-76, eff. 1-1-02.)

(20 ILCS 1805/28.9)

Sec. 28.9. Availability of funds. Nothing in this Article establishes any entitlement to military funeral honors if the Adjutant General determines that Illinois National Guard or other appropriate personnel are not available to perform those honors or if adequate appropriated funds are not available to fund this program.

(Source: P.A. 94-359, eff. 7-1-06.)

(20 ILCS 1805/Art. V heading) ARTICLE V. ORGANIZATION OF THE NATIONAL GUARD

(20 ILCS 1805/29) (from Ch. 129, par. 220.29)

Sec. 29. The Illinois National Guard shall be organized, equipped, disciplined and governed in conformity with the laws of the United States and the rules, regulations and tables based thereon.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/30) (from Ch. 129, par. 220.30)

Sec. 30. (Repealed).

(Source: Laws 1957, p. 2141. Repealed by P.A. 99-557, eff. 1-1-17.)

(20 ILCS 1805/Art. V-A heading) ARTICLE V-A. NATIONAL GUARD SUPPLEMENTAL RIGHTS (Source: P.A. 100-1101, eff. 1-1-19.)

(20 ILCS 1805/30.1)

Sec. 30.1. (Repealed).

(Source: P.A. 92-716, eff. 7-24-02. Repealed by P.A. 100-1101, eff. 1-1-19.)

(20 ILCS 1805/30.5)

Sec. 30.5. (Repealed).

(Source: P.A. 92-716, eff. 7-24-02. Repealed by P.A. 100-1101, eff. 1-1-19.)

(20 ILCS 1805/30.10)

Sec. 30.10. (Repealed).

(Source: P.A. 99-557, eff. 1-1-17. Repealed by P.A. 100-1101, eff. 1-1-19.)

(20 ILCS 1805/30.15)

Sec. 30.15. (Repealed).

(Source: P.A. 92-716, eff. 7-24-02. Repealed by P.A. 100-1101, eff. 1-1-19.)

(20 ILCS 1805/30.20)

Sec. 30.20. (Repealed).

(Source: P.A. 92-716, eff. 7-24-02. Repealed by P.A. 100-1101, eff. 1-1-19.)

(20 ILCS 1805/30.25)

Sec. 30.25. Stay of prosecution. During and for a period of 14 days after a period of military service in excess of 29 days, a court having jurisdiction over the enforcement of any civil obligation or liability, the prosecution of any civil suit or proceeding, or the entry or enforcement of any civil order, writ, judgment, or decree may stay, postpone, or suspend the matter if the court determines that a service member's failure to meet the obligation is the direct result of that period of military service. The stay, postponement, or suspension of proceedings does not in any way modify any condition, obligation, term, or liability agreed upon or incurred by a person in military service including but not limited to accrued interest, late fees, or penalties. No stay, postponement, or suspension shall be provided regarding any written agreement entered into, or debt that is incurred, by the person during or after his or her period of military service. A violation of this Section constitutes a civil rights violation under the Illinois Human Rights Act. All proceeds from the collection of any civil penalty imposed under this Section shall be deposited into the Illinois Military Family Relief Fund.

(Source: P.A. 97-913, eff. 1-1-13.)

(20 ILCS 1805/30.30)

Sec. 30.30. School attendance and tuition. Any service member that enters military service has the right to receive a full monetary credit or refund for funds paid to any Illinois public university, college, or community college if the service member is placed into a period of military service and is unable to attend the university or college for a period of 7 or more days. Withdrawal from the course shall not impact upon the final grade point average of the service member. If any service member who has been enrolled in any Illinois public university, college, or community college is unable to process his or her enrollment for the upcoming term, he or she shall have any and all late penalties and or charges set aside, including any and all late processing fees for books, lab fees, and all items that were not in place because the service member was engaged in military service and was unable to enroll in the courses at the appropriate time. The rights set forth in this Section are in addition to any rights afforded to persons in military service with the State of Illinois pursuant to the orders of the Governor under the policies of an Illinois public university, college, or community college. A violation of this Section constitutes a civil rights violation under the Illinois Human Rights Act. All proceeds from the collection of any civil penalty imposed under this Section shall be deposited into the Illinois Military Family Relief Fund.

(Source: P.A. 97-913, eff. 1-1-13.)

(20 ILCS 1805/Art. VII heading) ARTICLE VII. SEPARATION

(20 ILCS 1805/33) (from Ch. 129, par. 220.33)

Sec. 33. (Repealed).

(Source: P.A. 89-324, eff. 8-13-95. Repealed by P.A. 92-716, eff. 7-24-02.)

(20 ILCS 1805/33-1)

Sec. 33-1. (Repealed).

(Source: P.A. 85-1241. Repealed by P.A. 89-324, eff. 8-13-95.)

(20 ILCS 1805/33-2)

Sec. 33-2. (Repealed).

(Source: P.A. 85-1241. Repealed by P.A. 89-324, eff. 8-13-95.)

(20 ILCS 1805/34) (from Ch. 129, par. 220.34)

Sec. 34. (Repealed).

(Source: P.A. 85-1241. Repealed by P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1805/34.1)

Sec. 34.1. Separation; discharge; Illinois National Guard.

(a) Members of the Illinois National Guard shall be separated from the active service in accordance with federal laws and regulations as made applicable to the National Guard, except as otherwise provided herein or in the Illinois Code of Military Justice.

(b) Members of the Illinois National Guard who are discharged from the Illinois National Guard, in the case of officers with a dismissal or in the case of enlisted personnel with a dishonorable discharge, shall be ineligible to hold any elective or appointive office, position, or employment in the service of this State, any county, or any municipality thereof, for a period of 5 years unless such disability shall be removed by the Governor.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1805/35)

Sec. 35. (Repealed).

(Source: P.A. 85-1241. Repealed by P.A. 97-764, eff. 7-6-12.)

(20 ILCS 1805/Art. VIII heading) ARTICLE VIII. APPOINTMENTS AND COMMISSIONS

(20 ILCS 1805/37) (from Ch. 129, par. 220.37)

Sec. 37. The Commander-in-Chief shall make all appointments in the commissioned rank in the Illinois National Guard. Commissions evidencing all appointments shall be signed by the Governor and attested and issued by The Adjutant General.

(Source: P.A. 85-1241.)

(20 ILCS 1805/38) (from Ch. 129, par. 220.38)

Sec. 38. Commissions to officers shall read to a certain grade in a given branch or corps. Assignment to duty in any unit shall be by order of the Commander-in-Chief. The validity of all commissions shall be subject to formal acceptance and the execution of oath of office prescribed by law.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/39) (from Ch. 129, par. 220.39)

Sec. 39. The qualifications for appointment of commissioned officers will be in accordance with the provisions of the laws of the United States and the rules and regulations based thereon.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/40) (from Ch. 129, par. 220.40)

Sec. 40. Except where otherwise specified herein, all officers now in active service or hereafter appointed, shall hold their respective commissions until they are vacated by resignation or retirement, or by acceptance of another commission in the State military service, or by sentence of a general courts-martial, approved finding of a board of officers under Section 42, Article VIII, approved finding of a board of officers convened pursuant to federal regulations in which the board recommends withdrawal of federal recognition of the officer's commission, or terminated under Section 43, Article VIII hereof. Federal recognition with commission in the National Guard of the United States is established as a requirement for holding commission in the active National Guard of Illinois; the commission of an officer in the National Guard of Illinois will be terminated upon failure to obtain or retain Federal recognition.

(Source: P.A. 99-557, eff. 1-1-17.)

(20 ILCS 1805/41) (from Ch. 129, par. 220.41)

Sec. 41. Any commanding officer of the Illinois National Guard having under their command an officer who is undesirable as an officer, for any reason other than for physical disability, may recommend, through military channels, that such officer be ordered before a board of officers for investigation. Such recommendations shall fully and clearly state the facts and reasons on which such undesirability is based.

(Source: P.A. 85-1241.)

(20 ILCS 1805/42) (from Ch. 129, par. 220.42)

Sec. 42. Whenever a recommendation is made pursuant to the provisions of the preceding Section and such recommendation is approved by superior commanders, it shall be within the discretion of the Adjutant General to convene a board of not less than three nor more than five commissioned officers all superior in rank or date of rank to the officer or enlisted member facing investigation to examine into the matter of such recommendation and the desirability and qualifications of the officer or enlisted member who is the subject thereof, and to report its findings and recommendations to the Adjutant General. If the board finds such officer to be undesirable and such findings are approved by the Adjutant General, then the commission of such officer or enlistment of such soldier or airman, in the Organized Militia, shall be terminated.

(Source: P.A. 99-557, eff. 1-1-17.)

(20 ILCS 1805/43) (from Ch. 129, par. 220.43)

Sec. 43. When an officer is absent without leave from four consecutive unit training assemblies or the annual training period such officer's commission shall be terminated.

(Source: P.A. 99-557, eff. 1-1-17.)

(20 ILCS 1805/Art. IX heading) ARTICLE IX. WARRANT OFFICERS

(20 ILCS 1805/44) (from Ch. 129, par. 220.44)

Sec. 44. The Commander-in-Chief shall make all appointments in the grade of warrant officer in the Illinois National Guard. Warrants evidencing all appointments shall be signed by the Governor and attested and issued by The Adjutant General. The qualifications for appointments of and the separation from service of warrant officers shall be in accordance with the provisions of the laws of the United States and the rules and regulations based thereon.

(Source: P.A. 85-1241.)

(20 ILCS 1805/45) (from Ch. 129, par. 220.45)

Sec. 45. When a warrant officer is absent without leave from four consecutive ordered armory drills or the annual Field Training period such warrant officer's warrant shall be terminated.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/Art. X heading) ARTICLE X. ENLISTED MEMBERS

(20 ILCS 1805/46) (from Ch. 129, par. 220.46)

Sec. 46. Qualification for enlistment in and separation from service of enlisted personnel of the Illinois National Guard shall be in accordance with the provisions of the laws of the United States and the rules and regulations based thereon.

(Source: P.A. 85-1241.)

(20 ILCS 1805/47) (from Ch. 129, par. 220.47)

Sec. 47. (Repealed).

(Source: P.A. 85-1241. Repealed by P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1805/Art. XI heading) ARTICLE XI. PAY AND ALLOWANCES

(20 ILCS 1805/48) (from Ch. 129, par. 220.48)

Sec. 48. When in active service of the State, under orders of the Commander-in-Chief, officers and warrant officers of the Illinois National Guard shall receive all pay as provided by law for officers and warrant officers of the armed forces of the United States of like grade and longevity.

(Source: P.A. 97-764, eff. 7-6-12.)

(20 ILCS 1805/49) (from Ch. 129, par. 220.49)

Sec. 49. When in active service of the State, under orders of the Commander-in-Chief, enlisted personnel of the Illinois National Guard shall receive all pay as provided by law for enlisted personnel of the armed forces of the United States of like grade and longevity.

(Source: P.A. 97-764, eff. 7-6-12.)

(20 ILCS 1805/50) (from Ch. 129, par. 220.50)

Sec. 50. Transportation and subsistence for all officers, warrant officers and enlisted personnel on duty under Sections 48 and 49 hereof shall be furnished by the State.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/51) (from Ch. 129, par. 220.51)

Sec. 51. The Commander-in-Chief may put officers on necessary military duty, with their consent in each case, at less rates than given in Section 48 hereof.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/52) (from Ch. 129, par. 220.52)

Sec. 52. Injured personnel or personnel with a disability; treatment; compensation. Officers, warrant officers, or enlisted personnel of the Illinois National Guard who may be injured in any way, including without limitation through illness, while on duty and lawfully performing the same, are entitled to be treated by an officer of the medical or dental department detailed by the Adjutant General, or at the nearest appropriate medical treatment facility if such an officer is not detailed. Officers, warrant officers, or enlisted personnel of the Illinois National Guard who may be wounded or disabled in any way, while on duty and lawfully performing the same, so as to prevent their working at their profession, trade, or other occupation from which they gain their living, are entitled to be treated by an officer of the medical or dental department detailed by the Adjutant General, or at the nearest appropriate medical treatment facility if such an officer is not detailed, and, as long as the Illinois National Guard has not been called into federal service, are entitled to all privileges due them as State employees under the "Workers' Compensation Act", approved July 9, 1951, as now or hereafter amended, and the "Workers' Occupational Diseases Act", approved July 9, 1951, as now or hereafter amended. For purposes of this Section, injured, wounded, or disabled "while on duty and lawfully performing the same" means incurring an injury, wound, or disability while in a State military status pursuant to orders of the Commander-in-Chief, except when the injury, wound, or disability is caused by the officer's, warrant officer's, or enlisted personnel's own misconduct.

(Source: P.A. 99-143, eff. 7-27-15.)

(20 ILCS 1805/53) (from Ch. 129, par. 220.53)

Sec. 53. When officers, warrant officers or enlisted personnel of the Illinois National Guard are injured, wounded or killed while performing duty in pursuance of orders from the Commander-in-Chief, said personnel or their heirs or dependents, shall have a claim against the State for financial help or assistance, and the State Court of Claims shall act on and adjust the same as the merits of each case may demand. Pending action of the Court of Claims, the Commander-in-Chief is authorized to relieve emergency needs upon recommendation of a board of three officers, one of whom shall be an officer of the medical department.

(Source: P.A. 85-1241.)

(20 ILCS 1805/54) (from Ch. 129, par. 220.54)

Sec. 54. Officers of the medical and dental departments who attend cases of injury or illness incurred in line of duty under Sections 52 and 53 of this Article shall be entitled to such reasonable compensation in each case as the circumstances may warrant, as approved by The Adjutant General.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/55) (from Ch. 129, par. 220.55)

Sec. 55. Medical and hospital charges paid by State. Necessary medical treatment and hospital charges incurred in cases stated in Sections 52 and 53 hereof, and for beds in open or general wards shall be paid by the State on proper vouchers made out by the attending medical or dental officers and approved by the Adjutant General.

(Source: P.A. 96-509, eff. 1-1-10; 96-733, eff. 1-1-10.)

(20 ILCS 1805/56) (from Ch. 129, par. 220.56)

Sec. 56. All payments under Sections 52, 53, 54 and 55 hereof shall be made from appropriated funds on vouchers and bills approved by The Adjutant General.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/56-1) (from Ch. 129, par. 220.56-1)

Sec. 56-1. Federal Support Agreement Revolving Fund; payment; use. The Federal Support Agreement Revolving Fund shall be initially financed by an appropriation from the General Revenue Fund to the Federal Support Agreement Revolving Fund. Thereafter, all monies received from the federal government that are necessary for the reimbursement of salaries paid to employees hired in reimbursed positions, for facility operations or other programs as provided under the terms of the Federal Support Agreement between the Department of Military Affairs and the United States Property and Fiscal Officer for Illinois shall be paid into the Federal Support Agreement Revolving Fund. The money in this fund shall be used by the Department of Military Affairs only for those expenses necessary to meet all of the terms and obligations of the Federal Support Agreement, except as otherwise provided in this Section. At the request of the Adjutant General, the State Treasurer and the State Comptroller shall transfer to the Illinois National Guard State Active Duty Fund from the Federal Support Agreement Revolving Fund the reimbursement from the federal government for State Fiscal Year 2011 expenditures from the General Revenue Fund in excess of $2,200,000 for expenses related to the Lincoln's Challenge Program. All moneys expended by the Department of Military Affairs from the Federal Support Agreement Revolving Fund shall be appropriated by the General Assembly. Furthermore, any moneys that are appropriated to pay for weekly allowances for students in the Lincoln's Challenge Program may be deposited by the Department of Military Affairs into a savings and loan association or State or national bank in this State. Such funds shall be managed by the Department of Military Affairs in the manner provided by the laws of this State, applicable rules and regulations based thereon, and applicable federal requirements governing the use of such funds.

(Source: P.A. 97-639, eff. 12-19-11.)

(20 ILCS 1805/56-2)

Sec. 56-2. Illinois National Guard State Active Duty Fund; payment; use. The Illinois National Guard State Active Duty Fund is created and shall be initially financed by a transfer from the Federal Support Agreement Revolving Fund to the Illinois National Guard State Active Duty Fund as provided in Section 56-1 of this Code. Thereafter, all monies received from any government entity that reimburse costs incurred in the performance of State Active Duty shall be paid into the Illinois National Guard State Active Duty Fund. Disbursement from the Fund for purposes as set forth in this Section shall be by voucher ordered by the Adjutant General and paid by a warrant drawn by the State Comptroller and countersigned by the State Treasurer. The Director shall order disbursements from the Illinois National Guard State Active Duty Fund only for payment of expenses necessary to support the Illinois National Guard in the performance of State Active Duty. Monies in this Fund shall not be subject to appropriation by the General Assembly, but shall be subject to audit by the Auditor General.

(Source: P.A. 97-639, eff. 12-19-11.)

(20 ILCS 1805/Art. XII heading) ARTICLE XII. UNIFORMS, ARMS AND OTHER PUBLIC PROPERTY

(20 ILCS 1805/57) (from Ch. 129, par. 220.57)

Sec. 57. No uniforms, arms, equipment or other articles of public property may be loaned or issued to anyone except as provided by law and regulations, nor removed from the armory of any command to which they have been issued, or other authorized place of storage, except for use in active or other service authorized by the Commander-in-Chief.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/58) (from Ch. 129, par. 220.58)

Sec. 58. The Commander-in-Chief may require that a bond in a suitable amount, payable to the People of the State of Illinois, shall be given by an approved surety company for any officer accountable for public property, for its proper care and use as provided herein or by regulations, and for its return upon demand of competent authority in good order and condition, fair wear and tear and unavoidable loss excepted, subject to the recommendations of a survey, approved by the Adjutant General. Provided, however, that the Adjutant General with the approval of the Governor, may obtain an adequate indemnity bond covering all or part of the officers so accountable or responsible, in which case the officers so covered shall not be required to furnish individual bonds as hereinbefore provided. The charges and expenses of all bonds provided for in this Act shall be paid by the State. Upon the violation of any of the conditions of any bond executed and delivered under the provisions of this Section, action thereon shall be brought by the Attorney General on behalf of the State. It shall be the duty of the Attorney General of the State to prosecute all actions upon such bonds.

(Source: P.A. 99-557, eff. 1-1-17.)

(20 ILCS 1805/59) (from Ch. 129, par. 220.59)

Sec. 59. Officers or warrant officers to whom public property of the State or of the United States may be intrusted shall be pecuniarily responsible therefor under such regulations as may be prescribed by The Adjutant General.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/60) (from Ch. 129, par. 220.60)

Sec. 60. Articles of clothing, equipment or other public property issued to officers, warrant officers or enlisted personnel and not accounted for shall be charged against the person accountable at the official cost prices unless they are relieved of responsibility therefor on an approved survey.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/61) (from Ch. 129, par. 220.61)

Sec. 61. In case of loss of, or damage to, public property, a survey shall be ordered, under such regulations as may be prescribed by The Adjutant General, to determine the responsibility for such loss or damage, and no officer shall be relieved from either accountability or responsibility for such property except on an approved survey.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/Art. XIII heading) ARTICLE XIII. ARMORIES AND RIFLE RANGES

(20 ILCS 1805/62) (from Ch. 129, par. 220.62)

Sec. 62. No military organization shall be maintained by the State at any station, town, or city, unless there be an available and suitable hall for drills, together with necessary and adequate company assembly rooms, store and locker and other rooms as may be required by the Commander-in-Chief.

(Source: P.A. 85-1241.)

(20 ILCS 1805/64) (from Ch. 129, par. 220.64)

Sec. 64. The armory of each detachment, company, battalion regiment, division or similar unit shall be subject to the order of The Adjutant General and be under the charge of its commanding officer, who shall keep therein all property furnished by the State; no unit shall be furnished arms or equipment until a suitable armory shall be provided for their deposit.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/65) (from Ch. 129, par. 220.65)

Sec. 65. Subject to such reasonable regulations as may be promulgated by the Adjutant General, the use and rental of armories may be permitted for any reasonable and legitimate civilian activities so long as the activities do not interfere with their use for military purposes. Proceeds received from rentals will be placed in the National Guard Construction Fund.

(Source: P.A. 99-557, eff. 1-1-17.)

(20 ILCS 1805/66) (from Ch. 129, par. 220.66)

Sec. 66. The Adjutant General may institute a post organization for a State officers' candidate school, and at any rifle range or station, as may be for the best interests of the service.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/67) (from Ch. 129, par. 220.67)

Sec. 67. Such number of military personnel as may be needed shall be detailed for duty by The Adjutant General at the State officers' candidate school or as range officers and for administration at rifle ranges during the outdoor weapons training season.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/Art. XIV heading) ARTICLE XIV. MILITARY OFFENSES (Source: Repealed by P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1805/Art. XV heading) ARTICLE XV. COURTS-MARTIAL (Source: Repealed by P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1805/Art. XVI heading) ARTICLE XVI. MOBS, RIOTS AND DISTURBANCES

(20 ILCS 1805/83) (from Ch. 129, par. 220.83)

Sec. 83. Whenever there is a tumult, riot, mob or body of persons acting together by force with attempt to commit a felony, or to offer violence to persons or property, or by force or violence to break or resist the laws of the State, or when such tumult, riot or mob is threatened it shall be deemed that a time of public disorder and danger then exists, and it shall be the duty of the Governor thereupon to order such military force as he may deem necessary to aid the civil authorities in suppressing such violence and executing the law.

(Source: P.A. 85-1241.)

(20 ILCS 1805/84) (from Ch. 129, par. 220.84)

Sec. 84. Whenever any military force is so ordered out by the Commander-in-Chief, the commanding officer thereof may arrest any person or persons in view without process and hold them in custody until, by order of the Commander-in-Chief, such person or persons are discharged from custody or delivered over to the civil authorities. Such commanding officer may also use such force as he may deem necessary to suppress riots, disperse mobs, restore peace and execute the law.

(Source: P.A. 85-1241.)

(20 ILCS 1805/85) (from Ch. 129, par. 220.85)

Sec. 85. Orders from civil officers to any military commander shall specify only the work to be done or result to be attained and shall not include the method to be employed as to which the military officer shall exercise his discretion and be the sole judge as to what means are necessary.

(Source: P.A. 85-1241.)

(20 ILCS 1805/86) (from Ch. 129, par. 220.86)

Sec. 86. Whenever 12 or more persons, any of them armed with clubs or dangerous weapons, or 30 or more, armed or unarmed are unlawfully, riotously or tumultuously assembled, it is the duty of the commanding officer of such military force as may be present on duty, to go among the persons so assembled, or as near them as safety will permit, and in the name of the State command them immediately to disperse, and if they do not obey, every person refusing to disperse shall be deemed one of such unlawful assembly and shall be guilty of a Class A misdemeanor; and each officer having notice of such unlawful assembly and refusing or neglecting to do their duty in relation thereto, as aforesaid, shall be guilty of a petty offense.

When persons so unlawfully assembled neglect or refuse, on command, as aforesaid, to disperse, it shall be the duty of the above military authorities to forthwith suppress such assembly and disperse the persons composing it in such manner as may be most expedient.

If in the efforts made as aforesaid to suppress such assembly and to arrest and secure the persons composing it who neglect or refuse to disperse, though the number remaining be less than 12, any such persons, or any persons, present as spectators or otherwise, are killed or wounded, the military personnel, each and all of them, shall be held guiltless of any crime and justified in law.

(Source: P.A. 85-1241.)

(20 ILCS 1805/87) (from Ch. 129, par. 220.87)

Sec. 87. It is unlawful for any person to assault or fire upon, throw any missile at, against or upon any member or body of the Illinois National Guard, when going to, returning from or performing any duty under the provisions of this Article, and any person so offending is guilty of a felony and may on conviction be imprisoned in the penitentiary for not less than two nor more than five years.

(Source: P.A. 85-1241.)

(20 ILCS 1805/88) (from Ch. 129, par. 220.88)

Sec. 88. If any portion of the Illinois National Guard in the performance of any duty is assailed, assaulted, attacked, or in imminent danger thereof, the commanding officer of such Illinois National Guard may at once proceed to quell such attack and disperse the attacking parties and take all other steps for the safety of his command that he may deem necessary.

(Source: P.A. 85-1241.)

(20 ILCS 1805/89) (from Ch. 129, par. 220.89)

Sec. 89. (Repealed).

(Source: P.A. 85-1241. Repealed by P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1805/90) (from Ch. 129, par. 220.90)

Sec. 90. (a) If any member of the Illinois National Guard is criminally prosecuted by civil authorities of the United States or any state, commonwealth, or territory of the United States, for any act or omission determined by the Attorney General to have been within the scope of the member's military duties, or for any act or omission caused, ordered, or directed by such member to be done or performed within the scope of military duty, the member shall be entitled to defense representation by the Attorney General or, if the Attorney General determines it appropriate, by a qualified private defense attorney of the member's choice subject to the approval of the Attorney General at State expense. In that case all costs of the defense, including attorney's fees, witnesses' fees for the defense, defendant's court costs and all costs for transcripts of records and abstracts thereof on appeal by the defense, shall be paid by the State.

(b) Representation and indemnification of Illinois National Guard members in civil cases arising out of their military training or duty shall be in accordance with the State Employee Indemnification Act. The fees and expenses in criminal cases, as provided for in this Section, shall be paid by the Adjutant General out of appropriated funds, upon vouchers and bills approved by the Attorney General.

(Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1805/91) (from Ch. 129, par. 220.91)

Sec. 91. The expenses of such defense, as provided for in the preceding section, shall be paid by The Adjutant General out of appropriated funds, upon vouchers and bills approved by the Attorney General.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/Art. XVI-A heading) ARTICLE XVI-A. ILLINOIS NATIONAL GUARD STATE-SPONSORED LIFE INSURANCE PROGRAM (Source: P.A. 98-1024, eff. 8-22-14.)

(20 ILCS 1805/91.1)

Sec. 91.1. State-sponsored life insurance program.

(a) The General Assembly finds:

(1) It is desirable for members of the Illinois National Guard to have access to low-cost life insurance in addition to the Servicemembers Group Life Insurance program currently offered to all service members.

(2) The U.S. Congress has provided in 37 U.S.C. 707 that the Secretary of the Army or the Secretary of the Air Force, as the case may be, may allow a member of the National Guard to make allotments from his or her pay for the payment of premiums under a group life insurance program sponsored by the military department of the state in which such member holds his or her National Guard membership or by the National Guard Association of such state.

(3) The U.S. Secretary of Defense has provided by regulation in Section 3-209 of the Department of Defense Directive 5500.07-R that offering group life insurance programs sponsored by a state military department, to the same extent and similar manner as the offering of the Servicemembers Group Life Insurance program, is not an endorsement of a non-federal entity in violation of said regulation.

It is hereby the policy of the State of Illinois that members of the Illinois National Guard should be provided with the opportunity to purchase the Illinois National Guard State-Sponsored Life Insurance Program products as provided for in this Section and that the members be allowed to make an allotment for the payment of premiums using the U.S. Defense Finance and Accounting Service military pay allotment procedures in force at the time the allotment is requested.

(b) It is hereby established that the National Guard Association of Illinois shall be the designated provider of State-sponsored life insurance products offered through insurers licensed to transact insurance business in Illinois for military members and dependents of the Illinois National Guard. The life insurance products provided by the National Guard Association of Illinois through its membership in the Militia Insurance Trust shall be known as the Illinois National Guard State-Sponsored Life Insurance Program.

(c) The Department of Military Affairs, through the Adjutant General, is hereby designated as the official departmental sponsor of the Illinois National Guard State-Sponsored Life Insurance Program, shall allow, facilitate, and coordinate all efforts to make the Program available to all members of the Illinois National Guard, and shall allow, facilitate, and coordinate requested allotments with the appropriate United States Property and Fiscal Office.

(Source: P.A. 98-1024, eff. 8-22-14.)

(20 ILCS 1805/Art. XVII heading) ARTICLE XVII. GENERAL PROVISIONS

(20 ILCS 1805/92) (from Ch. 129, par. 220.92)

Sec. 92. The proceedings, recommendations and findings of any board convened by order of the Commander-in-Chief, under provisions of this Act, shall be confidential and publication of any such findings or recommendations shall be made only by and through the Commander-in-Chief or the Adjutant General. Any officer or member of such board, who without authority communicates information pertaining to the proceedings, recommendations or findings to any person or agency other than as herein provided shall be punished as a court-martial may direct.

(Source: P.A. 99-557, eff. 1-1-17.)

(20 ILCS 1805/92.1) (from Ch. 129, par. 220.92-1)

Sec. 92.1. All civilian employees of the Army National Guard and Air National Guard under the jurisdiction of the Adjutant General are eligible for membership in the employee retirement, disability or death benefit system, and the group health insurance program negotiated for and provided on their behalf by the Adjutant General pursuant to Section 24.1 of this Act.

(Source: Laws 1965, p. 2574.)

(20 ILCS 1805/93) (from Ch. 129, par. 220.93)

Sec. 93. No part of the land forces shall leave the State with arms and equipment without the consent of the Commander-in-Chief.

(Source: P.A. 85-1241.)

(20 ILCS 1805/94) (from Ch. 129, par. 220.94)

Sec. 94. It is unlawful for any body of men or women, other than the regularly organized militia of this State, troops of the United States, Grand Army posts, camps of the Sons of Veterans or organizations of veterans of the Spanish-American War, Philippine Insurrection, World War I, World War II, or any future wars, dedicated to the welfare of the State and nation, to associate themselves together as a military company or organization, to drill or parade with arms in this State, except as hereinafter authorized; but, by and with the consent of the Governor, independent regiments, battalions or companies, organized for the purpose of recreation or to acquire military knowledge that may better enable them to serve the State in time of public peril, if such should arise, may associate themselves together as a military body or organization and may drill or parade with arms in public in this State, and students of educational institutions, where military drill is a part of the course of instructions, may, with the consent of the Governor, drill and parade with arms in public under command of their military instructors. Nothing herein contained shall be construed so as to prevent benevolent or social organizations from wearing swords. All military organizations in and by this Section permitted to drill and parade with arms, shall, on occasions of public parade, be required to carry the United States flag in addition to any private ensign which they may carry. The consent herein specified may be withdrawn at the pleasure of the Governor.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/94a) (from Ch. 129, par. 220.94a)

Sec. 94a. (a) As used in this Section, unless the context clearly requires otherwise:

(1) "Civil disorder" means any public disturbance involving acts of violence by assemblages of 3 or more persons which causes an immediate danger of or results in damage or injury to any real or tangible property or person.

(2) "Firearm" means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon.

(3) "Explosive or incendiary device" means (A) dynamite or any other form of high explosive, (B) any explosive bomb, grenade, missile or similar device, or (C) any incendiary bomb or grenade, fire bomb or similar device, including any device which (i) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound and (ii) can be carried or thrown by one individual acting alone.

(b) It is unlawful for any person to:

(1) Teach or demonstrate to any other person the use, application, or making of any firearm, explosive, incendiary device or technique capable of causing injury or death to persons, knowing or having reason to know and intending that same will be unlawfully employed for use in, or in furtherance of, a civil disorder; or

(2) Assemble with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive, incendiary device or technique capable of causing injury or death to persons, intending to employ unlawfully the same for use in, or in furtherance of, a civil disorder.

(c) Violation of subsection (b) of this Section is a Class 4 felony.

(d) Nothing contained in this Section makes unlawful any activity of:

(1) law enforcement officials of this or any other jurisdiction while engaged in the lawful performance of their official duties;

(2) federal officials required to carry firearms while engaged in the lawful performance of their official duties;

(3) members of the Armed Forces of the United States or the National Guard while engaged in the lawful performance of their official duties;

(4) any game commission, fish commission or law enforcement agency (or any agency licensed to provide security services), or any hunting club, rifle club, rifle range, pistol range, shooting range or other organization or entity whose primary purpose is to teach the safe handling or use of firearms, archery equipment or other weapons or techniques employed in connection with lawful sporting or other lawful activity;

(5) any assembly for public historical re-enactment purposes by a historic military re-enactment group portraying events in military history presented for the purposes of public education and entertainment; provided that any participants utilize historically appropriate uniforms, weapons and accoutrements.

(Source: P.A. 86-1370.)

(20 ILCS 1805/95) (from Ch. 129, par. 220.95)

Sec. 95. Whoever offends against the provisions of the preceding Section or belongs to, or parades with, any such unauthorized body of men or women with arms shall be guilty of a Class B misdemeanor.

(Source: P.A. 77-2609.)

(20 ILCS 1805/96) (from Ch. 129, par. 220.96)

Sec. 96. Any filth, offal, or any putrid, or decaying matter, material or substance of any kind, which constitutes a menace to public health or will be offensive to the senses of human beings, on any premises, or in any place within one half mile of any Illinois National Guard camp grounds, rifle range, or buildings, or enclosure occupied and used, or about to be occupied or used by the Illinois National Guard in the service of the State or Federal Government, or which may be called into the service of either, is declared to be a common nuisance, and the Department of Public Health is empowered to determine whether such nuisance exists, and if found to exist, to forthwith, in writing, order the person, firm, association, or private, public or municipal corporation, as the case may be, to immediately abate such nuisance; and upon failure to immediately obey such order, the Department of Public Health shall abate such common nuisance and the person, firm, association, or corporation responsible for such common nuisance shall be liable for the cost and expense of such abatement in an action therefor at the suit of the People of the State of Illinois.

Any person or persons, either individually or as officers of any private, public or municipal corporation creating or maintaining, or responsible for the creation or maintenance of such common nuisance, or failing, or refusing to immediately abate the same upon the written order of the Department of Public Health, shall be guilty of a Class C misdemeanor.

(Source: P.A. 85-1241.)

(20 ILCS 1805/97) (from Ch. 129, par. 220.97)

Sec. 97. (Repealed).

(Source: Laws 1957, p. 2141. Repealed by P.A. 99-557, eff. 1-1-17.)

(20 ILCS 1805/98) (from Ch. 129, par. 220.98)

Sec. 98. (Repealed).

(Source: P.A. 85-1241. Repealed by P.A. 99-557, eff. 1-1-17.)

(20 ILCS 1805/99) (from Ch. 129, par. 220.99)

Sec. 99. It is the duty of the State's Attorney of the county wherein any person is imprisoned in pursuance of a conviction under any provision of this Act to resist before the courts any application for habeas corpus that may be prosecuted by such person so convicted.

(Source: P.A. 83-346.)

(20 ILCS 1805/100) (from Ch. 129, par. 220.100)

Sec. 100. A person who, either by himself or with another, wilfully deprives a member of the Illinois National Guard, or the reserve armed services of the United States of his employment, or prevents his being employed by himself or another, or obstructs or annoys a member of such organization or his employer in respect of his trade, business or employment because the member is such member, or dissuades any person from enlistment in the National Guard by threat of injury to him in case he so enlists in respect of his employment, trade or business, shall be guilty of a petty offense. It is the duty of the State's Attorney of the county wherein said information is made or offense committed to prosecute the action in the name of the People of the State of Illinois.

(Source: P.A. 85-1241.)

(20 ILCS 1805/101) (from Ch. 129, par. 220.101)

Sec. 101. Any person not a member of the army or navy of the United States, or of the National Guard or Naval Militia of one of the States, or of the Grand Army of the Republic or other patriotic military societies, or independent military organizations as authorized under Section 94 of this Article, who wears any uniform or designation of rank in use by the Illinois National Guard, used or authorized in this Act, shall be guilty of a petty offense and fined not less than $20 nor more than $100. Such offender shall be proceeded against as in the case of other misdemeanors under the statute, and the person so fined shall be committed as provided by law.

All fines collected under this Section shall be transmitted by the officer collecting the same to the Treasurer of the State of Illinois.

(Source: P.A. 85-1241.)

(20 ILCS 1805/Art. XVIII heading) ARTICLE XVIII. REPEAL AND CONSTRUCTION

(20 ILCS 1805/102) (from Ch. 129, par. 220.102)

Sec. 102. "An Act to establish a military and naval code for the State of Illinois, and to repeal all acts in conflict herewith," approved June 10, 1909, as amended, is repealed.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/103) (from Ch. 129, par. 220.103)

Sec. 103. The provisions of this Act, so far as they are the same as those of any prior statute, shall be construed as a continuation of such prior provisions, and not as a new enactment.

(Source: Laws 1957, p. 2141.)