Ill. Admin. Code tit. 95 § 400.850

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.850 - Refusal to Appear or Testify

a) The military judge may issue such warrants or body attachments for the arrest of any person refusing to appear pursuant to Code Section 47, in addition to any other relief deemed just and appropriate under Illinois law.

b)The military court may punish in the same manner as a criminal court of the Stateany person not subject to the Code who:

1)has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry, or before any military or civil officer designated to take a deposition to be read in evidence before such a court;

2)has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court oftheState; and

3)willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence that person may have been legally subpoenaed to produce.

c)The fees and mileage of witnesses shall be advanced or paid by the State. (Code Section 47)

Ill. Admin. Code tit. 95, § 400.850

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.