(20 ILCS 1805/89) (from Ch. 129, par. 220.89)
Sec. 89. If any member of the Illinois National Guard in the performance of military duty, or in pursuance thereof, and while acting as a member of the Illinois National Guard, kills, wounds, maims or injures any person, or causes, orders or directs the killing, wounding, maiming or injuring of any person, or the injury, destruction or confiscation of any property, real or personal, the officer commanding the military force of which such member is a part shall, as soon as possible thereafter, convene a board to consist of not less than three 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 the substance of the proof or evidence of the witnesses to, and participants in, such act or acts down in writing, and transmit the same together with their findings and recommendations from the facts adduced before said board to The Adjutant General.
The findings of the board shall include one of the following recommendations, to-wit: That the individual under investigation be brought to trial before a general courts-martial, or be wholly exonerated and acquitted of responsibility for the acts, or be turned over to the civil authorities to be dealt with as the law directs.
The officer commanding said military force may cause the arrest of any member of the Illinois National 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 in arrest until discharged by competent authority.
(Source: P.A. 85-1241.)
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Last modified: February 18, 2015