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Part IV - Court-Martial Jurisdiction

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(20 ILCS 1807/Pt. IV heading)

(20 ILCS 1807/16) Sec. 16. Article 16. Courts-martial classified. The 3 kinds of courts-martial in the State military forces are:(1) general courts-martial, consisting of:(A) a military judge and not less than 5 members;

or

(B) only a military judge, if before the court

is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves;

(2) special courts-martial, consisting of:(A) a military judge and not less than 3 members;

or

(B) only a military judge, if one has been

detailed to the court, and the accused under the same conditions as those prescribed in subparagraph (B) of paragraph (1) so requests; and

(3) summary courts-martial consisting of one

commissioned officer.

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

(20 ILCS 1807/17) Sec. 17. Article 17. Jurisdiction of courts-martial in general. Each component of the State military forces has court-martial jurisdiction over all members of the particular component who are subject to this Code. Additionally, the Army and Air National Guard State military forces have court-martial jurisdiction over all members subject to this Code. (Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/18) Sec. 18. Article 18. Jurisdiction of general courts-martial. Subject to Article 17 of this Code, general courts-martial have jurisdiction to try persons subject to this Code for any offense made punishable by this Code, and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this Code. (Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/19) Sec. 19. Article 19. Jurisdiction of special courts-martial. Subject to Article 17, special courts-martial have jurisdiction to try persons subject to this Code for any offense made punishable by this Code, and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this Code except dishonorable discharge, dismissal, confinement for more than one year, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than one year. (Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/20) Sec. 20. Article 20. Jurisdiction of summary courts-martial.(a) Subject to Article 17 of this Code, summary courts-martial have jurisdiction to try persons subject to this Code, except officers, cadets, and candidates for any offense made punishable by this Code under such limitations as the Governor may prescribe.(b) No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if that person objects thereto. If objection to trial by summary court-martial is made by an accused, trial by special or general court-martial may be ordered, as may be appropriate. Summary courts-martial may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this Code except dismissal, dishonorable or bad-conduct discharge, confinement for more than one month, restriction to specified limits for more than 2 months, or forfeiture of more than two-thirds of one month's pay. (Source: P.A. 99-796, eff. 1-1-17.)

(20 ILCS 1807/21) Sec. 21. Article 21. (Reserved). (Source: P.A. 99-796, eff. 1-1-17.)

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Part IV - Court-Martial Jurisdiction