General Provisions

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  2. Illinois Compiled Statutes
  3. EXECUTIVE BRANCH
  4. Military Code of Illinois.
  5. General Provisions

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(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.)


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