Article XVI. Mobs, Riots And Disturbances  



 
    (20 ILCS 1805/Art. XVI heading)
ARTICLE XVI. MOBS, RIOTS AND DISTURBANCES

    (20 ILCS 1805/83) (from Ch. 129, par. 220.83)
    Sec. 83. Whenever there is a tumult, riot, mob or body of persons acting together by force with attempt to commit a felony, or to offer violence to persons or property, or by force or violence to break or resist the laws of the State, or when such tumult, riot or mob is threatened it shall be deemed that a time of public disorder and danger then exists, and it shall be the duty of the Governor thereupon to order such military force as he may deem necessary to aid the civil authorities in suppressing such violence and executing the law.
(Source: P.A. 85-1241.)

    (20 ILCS 1805/84) (from Ch. 129, par. 220.84)
    Sec. 84. Whenever any military force is so ordered out by the Commander-in-Chief, the commanding officer thereof may arrest any person or persons in view without process and hold them in custody until, by order of the Commander-in-Chief, such person or persons are discharged from custody or delivered over to the civil authorities. Such commanding officer may also use such force as he may deem necessary to suppress riots, disperse mobs, restore peace and execute the law.
(Source: P.A. 85-1241.)

    (20 ILCS 1805/85) (from Ch. 129, par. 220.85)
    Sec. 85. Orders from civil officers to any military commander shall specify only the work to be done or result to be attained and shall not include the method to be employed as to which the military officer shall exercise his discretion and be the sole judge as to what means are necessary.
(Source: P.A. 85-1241.)

    (20 ILCS 1805/86) (from Ch. 129, par. 220.86)
    Sec. 86. Whenever 12 or more persons, any of them armed with clubs or dangerous weapons, or 30 or more, armed or unarmed are unlawfully, riotously or tumultuously assembled, it is the duty of the commanding officer of such military force as may be present on duty, to go among the persons so assembled, or as near them as safety will permit, and in the name of the State command them immediately to disperse, and if they do not obey, every person refusing to disperse shall be deemed one of such unlawful assembly and shall be guilty of a Class A misdemeanor; and each officer having notice of such unlawful assembly and refusing or neglecting to do their duty in relation thereto, as aforesaid, shall be guilty of a petty offense.
    When persons so unlawfully assembled neglect or refuse, on command, as aforesaid, to disperse, it shall be the duty of the above military authorities to forthwith suppress such assembly and disperse the persons composing it in such manner as may be most expedient.
    If in the efforts made as aforesaid to suppress such assembly and to arrest and secure the persons composing it who neglect or refuse to disperse, though the number remaining be less than 12, any such persons, or any persons, present as spectators or otherwise, are killed or wounded, the military personnel, each and all of them, shall be held guiltless of any crime and justified in law.
(Source: P.A. 85-1241.)

    (20 ILCS 1805/87) (from Ch. 129, par. 220.87)
    Sec. 87. It is unlawful for any person to assault or fire upon, throw any missile at, against or upon any member or body of the Illinois National Guard, when going to, returning from or performing any duty under the provisions of this Article, and any person so offending is guilty of a felony and may on conviction be imprisoned in the penitentiary for not less than two nor more than five years.
(Source: P.A. 85-1241.)

    (20 ILCS 1805/88) (from Ch. 129, par. 220.88)
    Sec. 88. If any portion of the Illinois National Guard in the performance of any duty is assailed, assaulted, attacked, or in imminent danger thereof, the commanding officer of such Illinois National Guard may at once proceed to quell such attack and disperse the attacking parties and take all other steps for the safety of his command that he may deem necessary.
(Source: P.A. 85-1241.)

    (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.)

    (20 ILCS 1805/90) (from Ch. 129, par. 220.90)
    Sec. 90. If any member of the Illinois National Guard is prosecuted by civil or criminal action for any act performed or committed by such member, or an act caused, ordered or directed by such member to be done or performed in furtherance of and while in the performance of military duty, all the expense of the defense of such action or actions civil or criminal, including attorney's fees, witnesses' fees for the defense, defendant's court costs and all costs for transcripts of records and abstracts thereof on appeal by the defense, shall be paid by the State; provided, that the Attorney General of the State shall be first consulted in regard to, and approve of, the selection of the attorney for the defense: And, provided, further, that the Attorney General of the State may, if he see fit, assume the responsibility for the defense of such member and conduct the same personally or by any one or more of his assistants.
(Source: P.A. 85-1241.)

    (20 ILCS 1805/91) (from Ch. 129, par. 220.91)
    Sec. 91. The expenses of such defense, as provided for in the preceding section, shall be paid by The Adjutant General out of appropriated funds, upon vouchers and bills approved by the Attorney General.
(Source: Laws 1957, p. 2141.)