Bill Status of SB 2861   99th General Assembly

Short Description:  IL CODE OF MILITARY JUSTICE

Senate Sponsors
Sen. Michael E. Hastings and Heather A. Steans

House Sponsors
(Rep. David Harris-Jerry Costello, II-Jeanne M Ives-Brian W. Stewart-Al Riley)


Last Action  View All Actions

DateChamber Action
  8/12/2016SenatePublic Act . . . . . . . . . 99-0796

Statutes Amended In Order of Appearance
New Act
20 ILCS 1805/34.1 new
20 ILCS 1805/34 rep.
20 ILCS 1805/47 rep.
20 ILCS 1805/Art. XIV rep.
20 ILCS 1805/Art. XV rep.
20 ILCS 1805/89 rep.
20 ILCS 1805/90 rep.
20 ILCS 1805/91 rep.
30 ILCS 105/5.875 new

Synopsis As Introduced
Creates the Illinois Code of Military Justice (Code) in conformity with the federal Uniform Code of Military Justice to permit discipline of the Illinois National Guard by providing a military justice system including court-martial authorities meeting current legal standards of due process. Organizes the Code into Parts concerning: general provisions; apprehension and restraint; non-judicial punishment; court martial jurisdiction; appointment and composition of courts-martial; pre-trial procedure; trial procedure; sentences; post-trial procedure and review of courts-martial; punitive articles; and miscellaneous provisions. Supersedes existing statutes, ordinances, directives, rules, regulations, orders and other laws in this State covered by the subject matter of the Code. Amends the Military Code of Illinois. Provides that Illinois National Guard members shall be separated from active service in accordance with federal laws and regulations as applicable, except as otherwise provided in the Code or in the Military Code of Illinois. Prohibits Guard members who are dismissed or dishonorably discharged from holding any elective or appointive office, position, or State or county employment for a period of 5 years unless such disability is removed by the Governor. Repeals provisions concerning: the separation of Guard members from active service; discharged Guard members ineligible to hold elective office or State or county employment; military offenses; courts-martial; board investigations of Guard members accused of certain acts while on military duty; and payment of a Guard member's defense expenses by the Adjutant General. Amends the State Finance Act. Creates the State Military Justice Fund. Effective January 1, 2017.

House Floor Amendment No. 2
Deletes reference to:
20 ILCS 1805/90 rep.
20 ILCS 1805/91 rep.
Adds reference to:
5 ILCS 100/5-45
20 ILCS 1805/90

Replaces everything after the enacting clause. Reinserts the engrossed bill with the following changes: In provisions concerning non-judicial punishment proceedings, permits the Adjutant General to adopt rules to effectuate non-judicial punishment proceedings in accordance with the Illinois Administrative Procedure Act which may impose disciplinary punishments for minor offenses without the intervention of a court-martial (rather than authorizing the Governor or the Adjutant General to effectuate non-judicial punishment proceedings pursuant to such regulations as prescribed in his discretion). Removes a provision permitting the Governor or the Adjutant General to delegate the powers to create the regulations to a State Judge Advocate of the State military forces. In provisions concerning trial procedure, permits the Adjutant General to adopt rules in accordance with the Illinois Administrative Procedure Act which establish pretrial, trial, and post-trial procedures for courts-martial cases and for courts of inquiry (rather than permitting the Governor or the Adjutant General to prescribe pretrial, trial, and post-trial procedures for courts-martial cases, and for courts of inquiry, by Executive Order or regulations). In a provision concerning appellate counsel, provides that the Attorney General shall act as appellate government counsel to represent the State in the review or appeal of cases specified in the Code and before any federal court (rather than providing that the senior force judge advocate shall detail a judge advocate as appellate government counsel to represent the State in the review or appeal of cases specified in the Code and before any federal court when requested to do so by the Attorney General). Provides that the Attorney General may appoint a judge advocate nominated by the senior force judge advocate as a Special Assistant Attorney General to act as appellate government counsel to represent the State. Removes a provision requiring the appellate government counsel to be a member in good standing of the bar of the highest court of the state to which the appeal is taken. Removes provisions concerning persons incompetent to stand trial and persons found not guilty by reason of lack of mental responsibility. Amends the Illinois Administrative Procedure Act. Permits the Adjutant General to adopt emergency rules in order to provide for the expeditious and timely implementation of the provisions of the amendatory Act. Further amends the Military Code of Illinois. Restores and makes changes to a provision concerning the prosecution of civil or criminal actions committed by a member of the Illinois National Guard while in the performance of military duties. Restores a provision concerning defense expenses paid by the Adjutant General. Effective January 1, 2017.

Actions 
DateChamber Action
  2/17/2016SenateFiled with Secretary by Sen. Michael E. Hastings
  2/17/2016SenateFirst Reading
  2/17/2016SenateReferred to Assignments
  3/2/2016SenateAssigned to Judiciary
  3/16/2016SenateDo Pass Judiciary; 012-000-000
  3/16/2016SenatePlaced on Calendar Order of 2nd Reading March 17, 2016
  3/17/2016SenateSecond Reading
  3/17/2016SenatePlaced on Calendar Order of 3rd Reading April 5, 2016
  4/12/2016SenateThird Reading - Passed; 053-000-000
  4/12/2016HouseArrived in House
  4/12/2016HouseChief House Sponsor Rep. David Harris
  4/12/2016HouseFirst Reading
  4/12/2016HouseReferred to Rules Committee
  4/19/2016HouseAdded Alternate Chief Co-Sponsor Rep. Al Riley
  5/11/2016HouseAdded Alternate Chief Co-Sponsor Rep. Jerry Costello, II
  5/11/2016HouseAdded Alternate Chief Co-Sponsor Rep. Jeanne M Ives
  5/11/2016HouseAdded Alternate Chief Co-Sponsor Rep. Brian W. Stewart
  5/12/2016SenateAdded as Co-Sponsor Sen. Heather A. Steans
  5/16/2016HouseAssigned to Judiciary - Civil Committee
  5/16/2016HouseFinal Action Deadline Extended-9(b) May 27, 2016
  5/23/2016HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. David Harris
  5/23/2016HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/24/2016HouseDo Pass / Short Debate Judiciary - Civil Committee; 009-000-000
  5/24/2016HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  5/25/2016HousePlaced on Calendar 2nd Reading - Short Debate
  5/25/2016HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. David Harris
  5/25/2016HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/25/2016HouseSecond Reading - Short Debate
  5/25/2016HouseHeld on Calendar Order of Second Reading - Short Debate
  5/26/2016HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-001-000
  5/26/2016HouseHouse Floor Amendment No. 2 Adopted
  5/26/2016HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/27/2016HouseThird Reading - Short Debate - Passed 110-000-000
  5/27/2016SenateSecretary's Desk - Concurrence House Amendment(s) 2
  5/27/2016SenatePlaced on Calendar Order of Concurrence House Amendment(s) 2 - May 29, 2016
  5/29/2016SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Michael E. Hastings
  5/29/2016SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/29/2016SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Judiciary
  5/30/2016SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Judiciary; 010-000-000
  5/31/2016SenateHouse Floor Amendment No. 2 Senate Concurs 058-000-000
  5/31/2016SenateSenate Concurs
  5/31/2016SenatePassed Both Houses
  6/29/2016SenateSent to the Governor
  8/12/2016SenateGovernor Approved
  8/12/2016SenateEffective Date January 1, 2017
  8/12/2016SenatePublic Act . . . . . . . . . 99-0796

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