20 Ill. Comp. Stat. §1815, State Guard Act, 2002
(20 ILCS 1815/0.01) Sec. 0.01. Short title. This Act may be cited as the State Guard Act. (Source: P.A.
86-1324.)
(20 ILCS 1815/1) Sec. 1. For the purposes of this Act: "battalion," "company" or "squadron" means a
battalion or company of infantry, or a squadron of the air force, of the Illinois State Guard, as the case
may be; "active service" and "active duty" mean services performed under the command of superior
officers pursuant to an order of the Governor; "officer" means any commissioned officer of the Illinois
State Guard; "warrant officer" means a band leader, whose rank is between that of a master sergeant and a
second lieutenant of Infantry; "enlisted man" means any member of the Illinois State Guard other than an
officer or warrant officer; "military service" used herein as a qualification for appointment of officers in
the Illinois State Guard, or calculation of their active duty longevity pay, means military or naval service
rendered in the organized militia, including National Guard of the United States or the National Guard or
Naval Militia of any State, and in the Army of the United States, Officers' Reserve Corps, Navy, Marine
Corps, or Coast Guard, or any reserves thereof. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/2) Sec. 2. Whenever the Governor as Commander-in-Chief of the military forces of the
State, deems it necessary or advisable for the purpose of executing the laws of the State, or of preventing
actual or threatened violation thereof, such as suppressing actual or threatened insurrection, invasion,
tumult, riots, or mobs, or when the nation is at war and a requisition or order has been made, or is likely
to be made, by the President of the United States calling the National Guard, or parts thereof, into the
National service, or for any other emergency, the Governor may issue a proclamation or call for volunteer
companies, battalions, regiments, brigades, or other units of land and air forces to be known as the Illinois
State Guard which shall be formed and organized from the unorganized militia of the State, consisting of
all able-bodied citizens between the ages of 18 and 45 years, and of other able-bodied citizens between
the ages of 45 and 55 years, as enlisted personnel, and of commissioned officers and warrant officers,
when made necessary by an emergency. (Source: P.A. 85-1241.)
(20 ILCS 1815/3) Sec. 3. The Governor shall determine and fix in any such proclamation or call the
number of volunteers, their term of enlistment, and the kind and number of units to be called for and
organized, and he shall appoint and authorize officers to recruit volunteers under such regulations as shall
be fixed and promulgated by The Adjutant General, Chief of Staff, with the approval of the Governor:
Provided, that no term of original enlistment shall be longer than two years, and re-enlistments shall be
for terms of one year. Any and all units may be disbanded or mustered out, and any or all volunteers
discharged, when in the judgment of the Governor the emergency or the conditions making such
organizations necessary or advisable have passed or changed. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/4) Sec. 4. The Illinois State Guard shall consist of the regularly enlisted citizens between
the ages of eighteen and fifty-five years, and of commissioned officers and warrant officers between the
ages of twenty-one and sixty-four years, organized, armed and equipped as prescribed by such rules and
regulations, Tables of Organization, and Tables of Equipment, as may be from time to time promulgated
by The Adjutant General, and approved by the Governor, which shall conform to any existing regulations
prescribed by the Secretary of Defense of the United States. (Source: P.A. 81-257.)
(20 ILCS 1815/5) Sec. 5. The Governor may alter, divide, annex, consolidate, disband or reorganize any
organization, staff, department or corps of the Illinois State Guard and create new organizations, staffs,
departments or corps, whenever in his judgment the efficiency of the Illinois State Guard will be thereby
increased, and he may change the organization, staff, department or corps so as to conform to any
organized system of drill or instruction now or hereafter adopted by the Army of the United States or
prescribed by the laws of these United States for the government of the militia and for that purpose the
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number of officers or non-commissioned officers in any grade or any organization, staff, department or
corps may be increased or diminished and the grades of such officers and non-commissioned officers may
be altered to secure such conformity. Officers rendered surplus by the disbandment of their organization
shall be transferred to existing vacancies in other available units, or, if there are no vacancies in other
available units, the resignations of such officers may be accepted or they may be discharged. (Source:
Laws 1951, p. 1999.)
(20 ILCS 1815/6) Sec. 6. The Governor may requisition from the War Department of the United States
such arms and equipment as may be available for use of the Illinois State Guard, and such other uniforms,
arms and equipment as may hereafter be authorized by the Congress of the United States to be made
available to the Illinois State Guard. The Governor may make available for the use of the Illinois State
Guard such uniforms, arms and equipment as may be owned by the State or as may be in possession of
the State for the purpose of such use. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/7) Sec. 7. The expense of the organization, equipment and maintenance of the Illinois
State Guard shall be borne by the State. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/8) Sec. 8. The uniforms, arms and other equipment of the Illinois State Guard, the
minimum number of meetings per calendar year, for instruction, drill and training of the various units
thereof, the character of such instruction and training, and all other matters and things necessary or
desirable for the complete organization, equipment, discipline, efficiency, and maintenance, of the Illinois
State Guard, not otherwise provided for, shall be prescribed and carried into effect by regulations
promulgated by The Adjutant General, Chief of Staff, and approved by the Governor, which shall
conform to any existing regulations prescribed by the Secretary of War of the United States. (Source:
Laws 1951, p. 1999.)
(20 ILCS 1815/9) Sec. 9. The Governor shall make all appointments to commissioned and warrant
officer rank in the Illinois State Guard. Commissions or warrants evidencing appointments or promotions
shall be signed by the Governor and attested and issued by The Adjutant General, Chief of Staff.
Commissions to officers shall read to a certain grade in a designated regiment, separate battalion, staff,
corps, department or other unit. Assignment to duty in any headquarters, staff or unit shall be by order of
the Governor. The validity of all commissions and warrants shall be subject to acceptance and the
execution of the following oath of office: "I do solemnly swear (or affirm) that I will bear true allegiance
to the United States and to the State of Illinois; that I will support the constitutions and laws thereof and
serve them faithfully; that I will obey the orders of the Commander-in-chief and of such officers as may
be placed over me, and the laws, rules, and regulations of the Illinois State Guard. So help me God."
(Source: Laws 1951, p. 1999.)
(20 ILCS 1815/10) Sec. 10. Commissioned officers and warrant officers shall be between twenty-one
and sixty-four years of age. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/11) Sec. 11. Any organization commander of the Illinois State Guard having under his
command an officer who, in his opinion, is undesirable as an officer, because of his moral character,
incapacity, or general unfitness for service, or for any material reason, may recommend to The Adjutant
General 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 opinion of undesirability is based.
(Source: Laws 1951, p. 1999.)
(20 ILCS 1815/12) Sec. 12. Whenever a recommendation is made pursuant to the provisions of Section
11 and such recommendation is approved by superior commanders, an efficiency board may be convened
by The Adjutant General, to consist of not less than three nor more than five officers, at least one of
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whom shall be a medical officer, to examine into the matter of such recommendation, and report its
findings and recommendations to the Governor, through The Adjutant General. If the efficiency board
finds such officer to be undesirable and such findings and recommendations are approved by the
Governor, then the commission of such officer shall be vacated by discharge by The Adjutant General.
(Source: Laws 1951, p. 1999.)
(20 ILCS 1815/13) Sec. 13. Any commissioned officer or warrant officer, who shall have a combined
total service of ten years (including service as an enlisted man), active and inactive in the Army of the
United States, Navy, Marine Corps, or Coast Guard, or any reserves thereof, Officers' Reserve Corps,
Organized Reserves, Enlisted Reserve Corps, Organized Militia, including the National Guard of the
United States or the National Guard or Naval Militia of any State, or in one or more or in all of such
services, may, upon his own request, be placed on the retired list and he shall be retired with the rank next
higher than that held by him at the time of his retirement. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/14) Sec. 14. Commissioned officers or warrant officers of the Illinois State Guard shall
be retired from active service and placed on the retired list in their grade at time of retirement upon
reaching the age of sixty-four years. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/15) Sec. 15. A retired officer or warrant officer, of the Illinois National Guard, Naval
Militia or Reserve Militia, or the United States Army, Navy, Marine Corps or Coast Guard, is eligible to
enter or re-enter active service in the Illinois State Guard subject to the same rules as to appointment, as
provided for other officers, or warrant officers, and when so entering or re-entering the service shall take
the rank pertaining to the office to which he is at that time appointed. Time served on the retired list,
however, shall not be used in computing length of service for qualification for longevity pay. (Source:
Laws 1951, p. 1999.)
(20 ILCS 1815/16) Sec. 16. Any officer or warrant officer, becoming disabled from wounds, injuries or
illness, so as to prevent him from active service thereafter, shall, on recommendation of a retirement
board of three officers, two of whom shall be medical officers, be placed upon the retired list in his grade
at time of retirement. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/17) Sec. 17. Except where otherwise specified in this Act, all officers and warrant
officers shall hold their respective offices until they are vacated by death, resignation, discharge,
retirement, physical disability, or by acceptance of another commission in the State military service or by
sentence of a General Court Martial, or findings of a board of officers. No officer below the grade of
lieutenant colonel shall be permitted to remain in service longer than two years without physical reexamination. Any commander having reason to believe that an officer or warrant officer of his command
has become physically unfit for duty may require such officer to take a physical re-examination; provided
that no officer or warrant officer may be required to take a physical re-examination oftener than once a
year. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/18) Sec. 18. Any officer, warrant officer, or enlisted man of the Illinois State Guard, who
wilfully absents himself without leave from five regular drills or other formations of his organization
within a period of sixty days, is guilty of desertion and may be discharged without honor, upon written
recommendation of the organization commander. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/19) Sec. 19. If an officer or warrant officer of the Illinois State Guard is convicted of a
felony or breach of the peace, his appointment and commission will be vacated by his being discharged
without honor by The Adjutant General. (Source: Laws 1951, p. 1999.)
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(20 ILCS 1815/20) Sec. 20. No officer of the Illinois State Guard shall leave the State without written
authority of The Adjutant General. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/21) Sec. 21. Enlisted men of the Illinois State Guard shall be of good moral character and
in good physical condition. The detailed physical requirements shall be as prescribed by The Adjutant
General. No minor shall be enlisted without the written consent of his parents or guardian; or, if he has
no parent or guardian, without the written consent of a judge of the circuit court in the county in which he
resides. (Source: P.A. 79-1359.)
(20 ILCS 1815/22) Sec. 22. Anyone dishonorably discharged from any military or naval organization of
this State, or of the United States, or of any state, territory or district of the United States, shall not be
eligible for enlistment or re-enlistment, unless the dishonorable discharge has been revoked by competent
authority. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/23) Sec. 23. Anyone who has been convicted and sentenced to serve time as a prisoner in
a penitentiary shall not be eligible for enlistment or reenlistment. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/24) Sec. 24. Any person enlisting, or reenlisting, in the Illinois State Guard shall sign an
enlistment paper in the form prescribed by The Adjutant General, and shall take the following oath or
affirmation, which may be administered by any duly appointed recruiting officer or any commissioned
officer in the Illinois State Guard: "I do solemnly swear (or affirm) that I will bear true allegiance to the
United States and to the State of Illinois; that I will support the constitutions and laws thereof, and serve
them faithfully; that I will obey orders of the Commander-in-Chief and of such officers as may be placed
over me, and the laws, rules and regulations of the Illinois State Guard, so help me God." (Source: Laws
1951, p. 1999.)
(20 ILCS 1815/25) Sec. 25. Each enlisted man leaving the service for any authorized reason shall
immediately receive a formal discharge certificate signed by the commander of the regiment or
independent battalion to which he belongs, or if attached to the staff of a general officer, then by that
officer. Discharges from service shall be given to an enlisted man for the following reasons: (1)
Expiration of term of service; (2) written application for good and sufficient reasons, approved by the unit
and regimental commanders; (3) sentence of a court martial, approved by the officer convening the court;
(4) conviction of a felony by a civil court; (5) absence without leave from five consecutive drills; (6)
inefficiency or neglect of duty; (7) disobedience, or disrespect to an officer or a non-commissioned
officer; (8) physical disability not incurred in line of duty; or (9) induction into Federal military service.
(Source: Laws 1951, p. 1999.)
(20 ILCS 1815/26) Sec. 26. Discharges shall be either "honorable", "dishonorable" or "without honor".
A. An honorable discharge shall be given to an enlisted man whose service has been loyal, honest and
faithful, and to whom a character grade of "good", or better, has been given by his immediate
commanding officer.
B. A dishonorable discharge shall be given to an enlisted man sentenced by a general court martial, or
convicted of a felony by a civil court.
C. A discharge without honor (blue) shall be given to an enlisted man whose service has not been loyal,
honest and faithful, and to one who has been disobedient of proper orders, or disrespectful to an officer or
non-commissioned officer; has been intoxicated while on duty or in uniform; has been absent without
leave from five consecutive drills; or has deserted his guard post while on active duty. The initial
application from the immediate commanding officer for discharge without honor shall cite the facts and
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reasons as to why such discharge should be given, and shall contain a recommendation that the discharge
certificate carry the notation, "character, poor, not recommended for reenlistment". (Source: Laws 1951,
p. 1999.)
(20 ILCS 1815/27) Sec. 27. The uniforms of the Illinois State Guard shall be as prescribed by The
Adjutant General, approved by the Governor. They shall be clearly distinguished by the letters, "ILL"
and the State insignia to be worn as directed by The Adjutant General. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/28) Sec. 28. (a) No uniforms, arms, equipment or other articles of public property may
be loaned or issued to any one for other than military purposes.
(b) All uniforms and equipment issued members of the Illinois State Guard (officers and enlisted men) are
the property of the State or Federal Government; provided, that an officer who retires pursuant to Section
13, and has served not less than one (1) year may retain uniforms and other wearing apparel without being
required to return or account for them. Guard uniforms for officers or enlisted men cannot be purchased
by the individual. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/29) Sec. 29. The Adjutant General shall require that a bond in the amount of $1,500.00
payable to the People of the State of Illinois be given by each officer accountable for public property with
a surety company authorized to do business in this State as surety for the proper care and use of the
property as provided herein or by supplemental orders as issued by The Adjutant General, and for its
return upon demand of competent authority in good order and condition, ordinary wear and tear and
unavoidable loss excepted, subject to the recommendations of a surveying officer, approved by The
Adjutant General. The cost of such bonds shall be paid by the State. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/30) Sec. 30. All officers to whom military property of the State or of the United States
may be intrusted shall be pecuniarily responsible therefor. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/31) Sec. 31. Articles of clothing, equipment or other property issued to officers or
enlisted men and not accounted for shall be charged against the person accountable at the official cost
price, unless he is relieved of responsibility therefor by a board of survey or survey officer. (Source:
Laws 1951, p. 1999.)
(20 ILCS 1815/32) Sec. 32. A survey shall be ordered to determine the responsibility for any loss or
damage of public property, and no officer shall be relieved either from accountability or responsibility for
such property, except on the recommendation of a disinterested surveying officer or board of officers,
duly detailed by The Adjutant General to investigate such loss or damage. All property or stores found
unserviceable by such survey shall be disposed of by shipping to The Adjutant General, State Armory,
Springfield, Illinois, or as otherwise directed by him. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/33) Sec. 33. No Illinois State Guard organization shall be maintained by the State at any
station, city, village or town unless there is available a suitable hall for drills, together with necessary and
adequate company assembly rooms, store, locker and other rooms as may be required by The Adjutant
General. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/34) Sec. 34. The armory of each regiment, battalion, or company, shall be subject to the
order of The Adjutant General and be under the charge of the Senior Line Officer of that station, who
shall keep therein all property furnished by the State and the Federal Government. No company shall be
furnished with arms or equipment until a suitable armory has been provided. (Source: Laws 1951, p.
1999.)
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(20 ILCS 1815/35) Sec. 35. All target ranges belonging to or leased by the State shall be administered
by The Adjutant General, Chief of Staff. Gallery ranges shall be maintained at all armories occupied by
the Illinois State Guard. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/36) Sec. 36. Officers and enlisted men of the Illinois State Guard shall be, in the absence
of a declaration of martial law, in strict subordination to civil authorities. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/37) Sec. 37. Whenever there is in any city, village, town or county a tumult, riot, mob or
body of men 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 the Governor may
order such unit or units of the Illinois State Guard as he may deem necessary to aid the civil authorities in
suppressing such violence and executing the law. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/38) Sec. 38. Whenever any unit of the Illinois State Guard shall be ordered out by the
Governor in accordance with Section 37, the commanding officer thereof may arrest any person in view
without process and hold him in custody until, by order of the Governor, such person shall be discharged
from custody or delivered over to the civil authorities. The commanding officer may also use such force
as he deems necessary to suppress riots, disperse mobs, restore peace and execute the law. (Source: Laws
1951, p. 1999.)
(20 ILCS 1815/39) Sec. 39. Orders from civil officers to any military commander shall be in writing and
shall specify only the work to be done or result to be attained, and shall not include the method to be
employed. The military officer commanding shall exercise his discretion and be the sole judge as to the
means necessary. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/40) Sec. 40. 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 in any
city, village, or town, it shall be the duty of each of the municipal police officers, and of the sheriff of the
county and his deputies, and of the commanding officer of such unit of the Illinois State Guard as may be
present on duty, or any or either of them, 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 guilty of a Class A misdemeanor of unlawful assembly;
and each such officer having notice of such unlawful assembly and refusing or neglecting to do his duty
in relation thereto, as aforesaid, shall be guilty of a petty offense. When persons so unlawfully assembled
neglect or refuse, on command, to disperse, it shall be the duty of the municipal, township or county
authorities, or military authorities, or either of them, to forthwith suppress such assembly and disperse the
persons composing it, in such manner as may be most expedient. If in the efforts made 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 peace officers, military officers or enlisted men, and persons acting with them
or by their order, each and all of them, shall be held guiltless of any crime, and justified in law. (Source:
P. A. 77-2830.)
(20 ILCS 1815/41) Sec. 41. If any portion of the Illinois State Guard, or persons lawfully aiding them in
the performance of any duty are assailed, assaulted, attacked, or in imminent danger thereof, the
commanding officer of the Illinois State Guard may at once proceed to quell the attack and disperse the
attacking parties, and take all other steps for the safety of his command that he deems necessary. (Source:
Laws 1951, p. 1999.)
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(20 ILCS 1815/42) Sec. 42. If any member of the Illinois State Guard in the performance of his military
duty, or in pursuance thereof, and while acting in his capacity as a member of the Illinois State Guard,
shall kill, wound, maim or injure any person, or shall cause, order or direct the killing, wounding,
maiming or injuring of any person, or the injury, destruction or confiscation of any property, real or
personal, it shall be the duty of the officer commanding the military force of which such member is a part,
as soon as possible thereafter, to convene a board of inquiry to consist of not less than two nor more than
five commissioned officers of the military force, who shall examine and inquire into the facts in
connection with, or in relation to the act or acts to be inquired of, and take in writing the substance of the
proof or evidence of the witnesses to, and participants in, such act or acts and transmit the same direct to
The Adjutant General. The officer commanding the military force may cause the arrest of any member of
the Illinois State Guard, so killing, wounding, or injuring any person or persons, or of the officer, or the
non-commissioned, or warrant officer directly responsible therefor, by reason of orders given by him in
the execution of his military duty, or otherwise, and hold him in arrest until he is surrendered to civil
authorities. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/43) Sec. 43. If any member of the Illinois State Guard is prosecuted by civil or criminal
action for any act performed or committed by him, or any acts caused, ordered or directed by him to be
done or performed in furtherance of and while in the performance of his military duty, all the expense of
the defense of such action, civil or criminal, including attorney's fees, witness fees for the defense,
defendant's court costs, and all costs for transcripts or records and abstracts thereof on appeal by the
defense, shall be paid by the State; provided, that the Attorney General shall be first consulted in regard
to, and approve of, the selection of the attorney for the defense; and, that the Attorney General may
assume the responsibility for the defense of such member and conduct it personally or by any one or more
of his assistants. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/44) Sec. 44. The expense of such defense shall be paid by The Adjutant General, upon
vouchers and bills approved by the Attorney General. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/45) Sec. 45. Every officer, and enlisted man of the Illinois State Guard shall be exempt
from payment of road labor and head or poll tax of every description during the time he shall hold a
commission as an officer, or be enrolled as an enlisted man therein. The uniforms, arms and equipment
of every member of the Illinois State Guard shall be exempt from all suits, distresses, executions or sales
for debts or payment of taxes. (Source: P.A. 84-1428.)
(20 ILCS 1815/46) Sec. 46. When in active service of the State, under orders of the Governor, officers
and warrant officers of the Illinois State Guard except officers and warrant officers on permanent duty
and receiving a regular salary, shall receive the same pay as provided by law for officers and warrant
officers of the armed forces of the United States of like grade and longevity. However, no officer or
warrant officer shall receive less than $25 per day for each day's service performed. (Source: P. A. 77129.)
(20 ILCS 1815/47) Sec. 47. Enlisted men of the Illinois State Guard when in the active service of the
State, under orders of the Governor, shall receive the same pay as provided by law for enlisted men of the
armed forces of the United States of like grade and longevity. However, no enlisted man shall receive
less than $25 per day for each day's service performed. (Source: P. A. 77-129.)
(20 ILCS 1815/48) Sec. 48. Transportation, quarters and subsistence for all officers and men on active
duty shall be furnished by the State. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/49) Sec. 49. Any officer or enlisted man of the Illinois State Guard who is wounded or
sustains an accidental injury or contracts an illness arising out of and in the course of active duty, but not
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when the Illinois State Guard has been called into federal service, and while lawfully performing the same
shall:
(a) Be entitled to necessary hospitalization, nursing service, and to be treated by a medical officer or
licensed physician selected by The Adjutant General, and
(b) Is entitled to all privileges due him as a State employee 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. (Source: P.A. 81-992.)
(20 ILCS 1815/50) Sec. 50. A medical officer or physician who attends cases of injury or illness
incurred in line of duty shall be entitled to such reasonable compensation in each case as the
circumstances may warrant, as approved by The Adjutant General. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/51) Sec. 51. Necessary hospital charges shall be paid by the State on proper itemized
invoices made in quadruplicate by the hospital authorities concerned, approved by the attending medical
officer or physician and by The Adjutant General. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/52) Sec. 52. Every officer who knowingly enlists or musters into the Illinois State Guard
any minor over the age of 18 years without the written consent of his parent or guardian or judge of the
circuit court in the county in which the minor resides, or any minor under the age of 18 years, or any
person who by law is disqualified to enlist, may be punished as a court martial shall direct. (Source: P.A.
79-1359.)
(20 ILCS 1815/53) Sec. 53. Any officer, warrant officer, or enlisted man in the Illinois State Guard who
knowingly makes any false certificate or return to any superior officer authorized to call for such
certificate or return, as to the state of his command, or as to the quartermaster, subsistence or ordinance
stores to it issued, or any officer who knowingly musters any officer, warrant officer, or enlisted man by
other than his proper name, or who permits any officer, warrant officer, or enlisted man to substitute or
sign another name than his own, or who enters the name of any man not duly or lawfully commissioned
or enlisted in the muster or payroll of the State of Illinois, or who certifies falsely as to any actual duty
performed or amounts due, or who in any other way makes or permits any false muster or return, or who,
having drawn money from the State for public use, shall apply it or any part thereof to any use not duly
authorized, may be punished as a court martial shall direct. (Source: P.A. 80-1495.)
(20 ILCS 1815/54) Sec. 54. Any officer, warrant officer, or enlisted man who wilfully or through neglect
suffers to be lost, spoiled or damaged, any quartermaster, subsistence or ordinance stores for which he is
responsible or accountable, or who secretes, sells or pawns, or attempts to secrete, sell or pawn, any such
stores or any other military property of the State, or by it issued, may be punished as a court martial shall
direct. (Source: P.A. 80-1495.)
(20 ILCS 1815/55) Sec. 55. Any officer, warrant officer, or enlisted man who behaves himself with
disrespect toward his superior while in the line of his duty, may be punished as a court martial shall
direct. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/56) Sec. 56. Any officer, warrant officer, or enlisted man, who on any pretense
whatsoever strikes his superior or offers any violence against him, while his superior is in the execution of
his office, or disobeys any lawful command of his superior, may be punished as a court martial shall
direct. (Source: Laws 1951, p. 1999.)
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(20 ILCS 1815/57) Sec. 57. Any officer, warrant officer, or enlisted man, not on leave of absence or
furlough, who fails to report at any formation of his organization may be punished as a court martial shall
direct. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/58) Sec. 58. Any officer, or warrant officer, who is guilty of conduct unbecoming an
officer and a gentleman, may be punished as a court martial shall direct. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/59) Sec. 59. Any officer, warrant officer, or enlisted man who is guilty of any disorder or
neglect or of other conduct prejudicial to good order and military discipline, whether mentioned or not in
Section 53-58, each inclusive, may be punished as a court martial shall direct. (Source: Laws 1951, p.
1999.)
(20 ILCS 1815/60) Sec. 60. Any officer, warrant officer, or enlisted man who wilfully fails or refuses to
report with his organization or quits it without due authority, when it is called into the active service of
the State, is guilty of desertion and may be punished as a court martial shall direct. (Source: Laws 1951,
p. 1999.)
(20 ILCS 1815/61) Sec. 61. Where any of the above military offenses also constitutes a criminal offense
under the civil laws of this State, the jurisdiction of a court martial over it shall in no event bar
prosecution in the civil courts nor in any manner remove the offense or the offender from the jurisdiction
of civil authorities. Offenses of officers or enlisted men other than the military offenses herein designated
shall be subject exclusively to the jurisdiction of civil courts and civil authorities. (Source: Laws 1951, p.
1999.)
(20 ILCS 1815/62) Sec. 62. When an officer, warrant officer, or enlisted man is dishonorably discharged
from the service, a copy of the dishonorable discharge certificate shall be mailed to the County Clerk of
the county in which the officer, warrant officer, or enlisted man resides, to be recorded as a permanent
record of that county. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/63) Sec. 63. Orders convening a general court martial shall be issued by The Adjutant
General. Such orders shall name the members of the court, which shall consist of from five to thirteen
commissioned officers. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/64) Sec. 64. Only a general court martial shall have jurisdiction to try a commissioned
officer or a warrant officer of the Illinois State Guard. If avoidable, no officer shall be tried by officers
inferior to him in rank, and in no event shall he be tried by officers inferior to him in rank belonging to his
own regiment or separate battalion. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/65) Sec. 65. The commanding officer of the division, or any brigade, regiment, the Air
Corps, or detached company or other independent organization or post, may appoint a summary court
martial, consisting of one commissioned officer of his command, for the trial of enlisted men of his
command. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/66) Sec. 66. A general court martial has authority and jurisdiction to try officers and
enlisted men for any of the offenses enumerated in Sections 53 to 60, each inclusive. Upon the conviction
by a general court martial of any officer, warrant officer, or enlisted man of any of the offenses
enumerated herein, the general court martial may recommend one or more of the following punishments:
Dishonorable discharge, reduction of noncommissioned officers to the ranks, reprimand, fine not
exceeding $100.00, imprisonment not exceeding thirty days in a military guard house or in the county jail
of the county in which the immediate organization of the accused is permanently located, or both such
fine and imprisonment. (Source: Laws 1951, p. 1999.)
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(20 ILCS 1815/67) Sec. 67. Upon conviction by a general court martial of any officer or enlisted man for
the offense of desertion, as defined in Section 60, the general court martial shall recommend dishonorable
discharge from the service, or a fine of not exceeding $500.00 or imprisonment in a military guard house
or in the county jail of the county in which the immediate organization of the accused is permanently
located for not exceeding six months, or both such fine and imprisonment. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/68) Sec. 68. A summary court martial shall have authority and jurisdiction to try enlisted
men for any offenses enumerated in Sections 53 to 59, each inclusive. The summary court martial may,
upon conviction, recommend one or more of the following punishments: Reprimand, forfeiture of the
whole or part of any active duty pay, fine not exceeding $25.00, or in default of payment after approval
by The Adjutant General, imprisonment not exceeding twenty-five days in a military guard house, or in
the county jail of the county in which the immediate organization of the accused is permanently located.
(Source: Laws 1951, p. 1999.)
(20 ILCS 1815/69) Sec. 69. All proceedings by courts martial shall be conducted in the same manner
and by the same rules and methods of procedure, as nearly as may be, as are prescribed by court martial in
the United States Army. In trials by general court martial the accused is entitled to be represented by
counsel by him employed, or by a suitable officer of the Illinois State Guard, designated by the court, or
detailed by the officer convening it, at the request of the accused. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/70) Sec. 70. All proceedings of general courts martial shall be forwarded to and receive
approval of the Governor, before sentence shall go into effect. The Governor may remit, mitigate or
commute such sentence. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/71) Sec. 71. Witnesses for the prosecution or defense may be summoned to attend by
subpoena signed by the judge advocate. Any witness, duly summoned, who fails to appear and testify,
may be arrested on warrant of the president of the court, directed to the sheriff, and treated as in like cases
before circuit courts. The fees of all witnesses not in the military services of the State shall be the same as
allowed in circuit courts in civil cases, and shall be added to the necessary expenses of the judge advocate
and the court, by the president thereof. (Source: P.A. 83-341.)
(20 ILCS 1815/72) Sec. 72. All or any fines assessed by general or summary courts martial may be
charged against any active service pay or other credit due to the person so fined, so far as such credit
suffices to pay the same, and any balance still due may be collected as provided by this Act. (Source:
Laws 1951, p. 1999.)
(20 ILCS 1815/73) Sec. 73. Whenever the sentence of a general court martial includes a fine, and such
sentence has been approved by the Governor, The Adjutant General shall issue a warrant for the
collection of such fine, directed to the sheriff of the county wherein the person against whom such fine is
imposed resides, and such officer shall collect such fine in the same manner as he is authorized to collect
debts in civil suits, and he shall make return within twenty days after receiving the warrant, to The
Adjutant General. In default of the payment of the fine, or if the officer executing the warrant certifies
that there is no property of the defendant out of which to satisfy the warrant, The Adjutant General shall
issue a warrant of commitment directed to such sheriff, who shall forthwith take the defendant to the
county jail and make return thereof to The Adjutant General. The warrant of commitment for such
default shall specify the amount in dollars of the fine, and the defendant shall remain in the custody of the
keeper or warden of the county jail the same number of days as there are dollars of the fine unpaid.
Warrants for the collection of fines imposed by summary courts, and warrants for commitment for nonpayment thereof, shall be issued by the officer appointing the summary court. (Source: P.A. 79-1359.)
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(20 ILCS 1815/74) Sec. 74. Whenever the sentence of a general court martial is or includes
imprisonment in a county jail, and the sentence has been approved by the Governor, The Adjutant
General shall issue a warrant of commitment, directed to the sheriff of the county wherein the defendant
resides, who shall take the defendant to the county jail mentioned in the warrant and make return thereof
to The Adjutant General. All such warrants of commitment shall be accompanied by a copy of the
finding of the court, as approved by the officer ordering the warrant, certified as a true copy by The
Adjutant General, and shall be sufficient authority to the sheriff of the county to imprison the convicted
person. If the sentence is or includes imprisonment in a military guard house, it shall be executed by
order of the officer approving the sentence. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/75) Sec. 75. Keepers and wardens of county jails shall receive and confine all military
offenders, when delivered by the sheriff, under a warrant of commitment, for the term of sentence set
forth in the commitment. (Source: P.A. 79-1359.)
(20 ILCS 1815/76) Sec. 76. All fines levied and collected under the provisions of this Act shall be paid
to the State Treasurer. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/77) Sec. 77. For each day's duty as a member of a general court martial or as a witness or
a defendant under summons from the president or judge advocate of a court martial, officers and men
shall be paid as provided in Sections 47 and 48. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/78) Sec. 78. Judge advocates of general courts martial and summary court officers are
empowered to administer oaths to witnesses before such courts and to take such depositions as may be
required for use in military trials. Such officers and all adjutants are empowered to take
acknowledgments and oaths to affidavits pertaining to the loss or damage to property, to applications for
discharge, and in general to any military or other documents otherwise requiring oaths and
acknowledgments to be administered by civil officers. Such oaths, affidavits and acknowledgments shall
have the same legal force and effect as if taken by a civil officer now authorized by law to take oaths and
acknowledgments. Depositions of witnesses residing outside the State may be taken before any civil
officer authorized by law to take them, upon reasonable notice given. Oaths of office to any military
officer in the service of this State may be administered by any commissioned officer of the Illinois State
Guard. The presiding officer or recorder of any military board duly appointed to conduct any
investigation or survey, or an officer detailed for such purpose may likewise administer oaths to any
witness attending to testify in the investigation. (Source: Laws 1951, p. 1999.)
(20 ILCS 1815/79) Sec. 79. A person who, either by himself or with another, wilfully deprives a
member of the Illinois State Guard of his employment, or prevents his being employed by himself or
another, or obstructs or annoys a member of the Illinois State Guard or his employer in respect of his
trade, business or employment, because the member of the Illinois State Guard is such member, or
dissuades any person from enlisting in the Illinois State Guard by threat of injury to him if he enlists, in
respect of his employment, trade or business, is guilty of a petty offense. (Source: P. A. 77-2830.)
(20 ILCS 1815/80) Sec. 80. It is the duty of the state's attorney of the county wherein any person is
imprisoned in pursuance of a conviction under any provisions of this Act, to resist before the courts any
application for habeas corpus prosecuted by such person. (Source: P.A. 83-346.)
(20 ILCS 1815/81) Sec. 81. Nothing in this Act shall be construed as authorizing the Illinois State
Guard, or any part thereof, to be called, ordered, or in any manner drafted, as such into the military
service of the United States, but no individual member shall, by reason of his commission or enlistment in
11
the Illinois State Guard, be exempt from Federal military service under any law of the United States.
(Source: Laws 1951, p. 1999.)
(20 ILCS 1815/82) Sec. 82. "An Act to provide for the organization of reserve militia from the
unorganized militia of the state", approved June 25, 1917, as amended, is repealed. The repeal of such
Act, however, shall not affect any rights existing thereunder at the time this Act takes effect, and the
Illinois State Guard organized under such Act and the rules and regulations promulgated thereunder shall
be continued subject to the provisions of this Act. (Source: Laws 1951, p. 1999.)
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