Illinois Code of Military Justice (SB2861) - Summary

• Establishes comprehensive military justice system for Illinois National Guard and state military forces with court-martial procedures modeled on federal Uniform Code of Military Justice (10 U.S.C. Chapter 47)

• Creates three types of courts-martial (general, special, summary) with specified jurisdiction, membership requirements, and sentencing limits (maximum 10 years confinement, no death penalty)

• Defines 58 military offenses including desertion, absence without leave, disobedience of orders, mutiny, sedition, misbehavior before enemy, and assimilates civilian crimes committed during military duty

• Establishes procedural protections including right to counsel, protection against self-incrimination, pre-trial investigation, military judge oversight, appellate review through Illinois Appellate Court Fourth District, and post-trial remedies

• Creates State Military Justice Fund to pay costs of military justice administration including witness fees, court reporters, legal representation, and confinement expenses; effective January 1, 2017