subchapter I
general provisions
200,205
Section
205. 321.01 of the statutes is created to read:
321.01 Definitions. In this chapter:
(1) "Active duty" means federal active duty or state active duty.
(2) "Department" means the department of military affairs.
(3) "Facility" includes armory, base, installation, and airfield.
(4) "Federal active duty" means full-time duty in the active military service of the United States, as defined in
10 USC 101 (d) or
32 USC 502,
503, or
904.
(5) "Law enforcement agency" means an agency of the federal government, a federally recognized Indian tribe or band, or a state or political subdivision of a state, whose purpose is the detection and prevention of crime and enforcement of laws or ordinances.
(6) "Law enforcement officer" means any person employed by a law enforcement agency who is authorized to make arrests for violations of the laws or ordinances that the person is employed to enforce.
(7) "Military property" includes arms, clothing, equipment, publications, supplies, and vehicles owned by or in the custody of the department.
(8) "Military records" means correspondence, medical records, personnel records, and other documents in the custody of the department.
(9) "National guard," unless the context otherwise requires, means both the Wisconsin army national guard and the Wisconsin air national guard.
(10) "Political subdivision" means a city, village, town, or county.
(11) "State active duty" means full-time state duty in the national guard, or state defense force when activated, under an order of the governor or under an order otherwise issued by authority of law, and includes travel to and from that duty.
(12) "Unit" means a formally organized division or subset of the national guard or state defense force.
(13) "Wisconsin code of military justice" means the Wisconsin Code of Military Justice under ch. 322.
200,206
Section
206. 321.02 (title) of the statutes is created to read:
321.02 (title) Powers and duties of the governor.
200,207
Section
207. 321.04 (title) and (1) (intro.) of the statutes are created to read:
321.04 (title) Powers and duties of the adjutant general. (1) (intro.) The adjutant general or his or her designee shall do all of the following:
200,208
Section
208. 321.04 (1) (b) of the statutes is created to read:
321.04 (1) (b) Advise the governor on military issues and transmit military correspondence to and from the governor.
200,209
Section
209. 321.04 (1) (j) of the statutes is created to read:
321.04 (1) (j) Prepare the training of national guard members.
200,210
Section
210. 321.04 (1) (m) of the statutes is created to read:
321.04 (1) (m) Prepare and issue all necessary accounting books and forms for the national guard. All of the accounting books and forms shall conform as nearly as practicable to those in use in the U.S. army or air force.
200,211
Section
211. 321.04 (1) (p) of the statutes is created to read:
321.04 (1) (p) Perform the duties under s. 321.51 (2) (e).
200,212
Section
212. 321.04 (2) (intro.) of the statutes is created to read:
321.04 (2) (intro.) The adjutant general or his or her designee may do any of the following:
200,213
Section
213. 321.04 (2) (f) of the statutes is created to read:
321.04 (2) (f) Perform the duties under 321.51 (2) (b).
200,214
Section
214. Subchapter II (title) of chapter 321 [precedes 321.10] of the statutes is created to read:
Chapter 321
subchapter II
military OFFICERS
200,215
Section
215. 321.10 (1) (e) of the statutes is created to read:
321.10 (1) (e) A joint chief of staff, whose rank may may not exceed major general.
200,216
Section
216. Subchapter III (title) of chapter 321 [precedes 321.20] of the statutes is created to read:
chapter 321
subchapter III
military property
200,217
Section
217. 321.21 (1) of the statutes is created to read:
321.21 (1) In this section, "money" means funds in the custody of the department.
200,218
Section
218. 321.23 (title) of the statutes is created to read:
321.23 (title) Facilities and lands.
200,219
Section
219. Subchapter IV (title) of chapter 321 [precedes 321.30] of the statutes is created to read:
chapter 321
subchapter iV
national guard and
state defense force
200,220
Section
220. 321.39 (1) (a) (intro.) of the statutes is created to read:
321.39 (1) (a) (intro.) The governor may order into state active duty members of the national guard under the following circumstances:
200,221
Section
221. 321.39 (1) (a) 3. of the statutes is created to read:
321.39 (1) (a) 3. If the governor declares a state of emergency relating to public health under s. 166.03 (1) (b).
200,222
Section
222. 321.40 (2) (f) of the statutes is created to read:
321.40 (2) (f) Failing to be an actively drilling guard member upon the date of the satisfactory completion of a full-time or part-time course in a qualifying school.
200,223
Section
223. 321.40 (6) (d) of the statutes is created to read:
321.40 (6) (d) No guard member may receive a tuition grant under this section unless he or she is a member in good standing in the national guard at the time of completion of the course.
200,224
Section
224. 321.51 (2) (b) of the statutes is created to read:
321.51 (2) (b) If the state defense force is organized under sub. (1), the adjutant general may perform the duties under s. 321.04 (2) (a), (b), (c) and (d) for the state defense force.
200,225
Section
225. 321.51 (2) (e) of the statutes is created to read:
321.51 (2) (e) If the state defense force is organized under sub. (1), the adjutant general shall perform the duties under s. 321.04 (1) (a) to (n) and (q) for the state defense force.
200,226
Section
226. Subchapter V (title) of chapter 321 [precedes 321.60] of the statutes is created to read:
chapter 321
subchapter V
rights of service Members
200,227
Section
227. Chapter 322 of the statutes is created to read:
Chapter 322
Wisconsin code of military
justice
subchapter I
general provisions
322.0001 Criminal code interaction.
(1) Chapters 939, 967 to 973, and 975 to 979 do not apply to proceedings under this chapter.
(2) A crime under this code is a crime under s. 939.12. A felony under this code is a felony under s. 939.22 (12). A misdemeanor under this code is a misdemeanor under s. 939.22 (20).
322.001 Article 1—Definitions. In this chapter, unless the context otherwise requires:
(1) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(2) "Cadet," "candidate," or "midshipman" means a person who is enrolled in or attending a state military academy, a regional training institute, or any other formal education program for the purpose of becoming a commissioned officer in a state military force.
(3) "Classified information" means any of the following:
(a) Any information or material that has been determined by an official of the United States or any state subject to law, an executive order, or regulation to require protection against unauthorized disclosure for reasons of state security or national defense or foreign relations of the United States.
(b) Any restricted data, as defined in
42 USC 2014 (y).
(4) "Code" means this chapter.
(5) "Commanding officer" includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment under s 322.015. The term `commander' has the same meaning as `commanding officer' unless the context otherwise requires.
(6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority.
(7) "Day" means calendar day and is not synonymous with the term "unit training assembly." Any punishment authorized by this code which is measured in terms of days shall, when served in a status other than annual field training, be construed to mean succeeding duty days.
(8) "Duty status other than state active duty" means any other type of duty including Unit Training Assemblies or drills but excludes duty not in federal service and not full-time duty in the active service of the state; under an order issued by authority of law and includes travel to and from duty.
(9) "Enemy" includes organized forces of the enemy in time of war, any hostile body that U.S. or state forces may be opposing, such as a rebellious mob or band of renegades, and includes civilians as well as members of military organizations. Enemy is not restricted to the enemy government or its armed forces.
(10) "Enlisted member" means a person in an enlisted grade.
(11) "Forfeiture" means a permanent loss of entitlement to pay or allowances and any forfeiture under this code is not a forfeiture for purposes of Article X, Section 2, of the Wisconsin constitution.
(12) "Judge advocate" means a commissioned officer of the organized state military forces who is an attorney licensed to practice in this state or a member in good standing of the bar of the highest court of another state, and is any of the following:
(a) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the army, air force, navy, or the marine corps or designated as a law specialist as an officer of the coast guard, or a reserve component of one of these.
(b) Certified as an non-federally recognized judge advocate, under regulations promulgated subject to this provision, by the senior judge advocate of the commander of the force in the state military force of which the accused is a member, as competent to perform military justice duties required by this code. If there is no judge advocate available, then certification may be made by the senior judge advocate of the commander of another force in the state military forces, as the convening authority directs.
(13) "Military court" means a court of inquiry under s. 322.135 or a court-martial.
(14) "Military judge" means an official of a general or special court-martial detailed under s. 322.026.
(15) "Military offenses" means those offenses prescribed under articles 77, principals; 78, accessory after the fact; 80, attempts; 81, conspiracy; 82, solicitation; 83, fraudulent enlistment, appointment, or separation; 84, unlawful enlistment, appointment, or separation; 85, desertion; 86, absence without leave; 87, missing movement; 88, contempt toward officials; 89, disrespect towards superior commissioned officer; 90, assaulting or willfully disobeying superior commissioned officer; 91, insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer; 92, failure to obey order or regulation; 93, cruelty and maltreatment; 94, mutiny or sedition; 95, resistance, flight, breach of arrest, and escape; 96, releasing prisoner without proper authority; 97, unlawful detention; 98, noncompliance with procedural rules; 99, misbehavior before the enemy; 100, subordinate compelling surrender; 101, improper use of countersign; 102, forcing a safeguard; 103, captured or abandoned property; 104, aiding the enemy; 105, misconduct as prisoner; 107, false official statements; 108, military property — loss, damage, destruction, or wrongful disposition; 109, property other than military property — waste, spoilage, or destruction; 110, improper hazarding of vessel; 111, drunken or reckless operation of a vehicle, aircraft, or vessel; 112, drunk on duty; 112a, wrongful use, or possession of controlled substances; 113, misbehavior of sentinel; 114, dueling; 115, malingering; 116, riot or breach of peace; 117, provoking speeches or gestures; 120, rape or carnal knowledge; 121, larceny and wrongful appropriation; 122, robbery; 123, forgery; 124, maiming; 126, arson; 127, extortion; 128, assault; 129, burglary; 130, housebreaking; 131, perjury; 132, frauds against the government; 133, conduct unbecoming an officer and a gentleman; and 134, general; of this code.
(16) "Nonmilitary offenses" mean offenses which are in the state's civilian penal statute and are not offenses in this code.
(17) "Officer" means a commissioned or warrant officer.
