AB400,144,12
5(2) If the sentence of the court-martial extends to dismissal or a dishonorable
6or bad conduct discharge and if the right of the accused to appellate review is waived,
7or an appeal is withdrawn under s. 322.061, that part of the sentence extending to
8dismissal or a dishonorable or bad-conduct discharge may not be executed until
9review of the case by the senior force judge advocate and any action on that review
10under s. 322.064 is completed. Any other part of a court-martial sentence may be
11ordered executed by the convening authority or other person acting on the case under
12s. 322.060 when so approved under that section.
AB400,144,18
13322.072 Article 72—Vacation of suspension. (1) Before the vacation of
14the suspension of a special court-martial sentence, which as approved includes a
15bad-conduct discharge, or of any general court-martial sentence, the officer having
16special court-martial jurisdiction over the probationer shall hold a hearing on an
17alleged violation of probation. The probationer shall be represented at the hearing
18by military counsel if the probationer so desires.
AB400,144,23
19(2) The record of the hearing and the recommendation of the officer having
20special court-martial jurisdiction shall be sent for action to the officer exercising
21general court-martial jurisdiction over the probationer. If the officer vacates the
22suspension, any unexecuted part of the sentence, except a dismissal, shall be
23executed, subject to applicable restrictions in this code.
AB400,145,3
1(3) The suspension of any other sentence may be vacated by any authority
2competent to convene, for the command in which the accused is serving or assigned,
3a court of the kind that imposed the sentence.
AB400,145,7
4322.073 Article 73—Petition for a new trial. At any time within 2 years
5after approval by the convening authority of a court-martial sentence the accused
6may petition the adjutant general for a new trial on the grounds of newly discovered
7evidence or fraud on the court-martial.
AB400,145,12
8322.074 Article 74—Remission and suspension. (1) Any authority
9competent to convene, for the command in which the accused is serving or assigned,
10a court of the kind that imposed the sentence may remit or suspend any part or
11amount of the unexecuted part of any sentence, including all uncollected forfeitures
12other than a sentence approved by the governor.
AB400,145,15
13(2) The governor may, for good cause, substitute an administrative form of
14discharge for a discharge or dismissal executed in accordance with the sentence of
15a court-martial.
AB400,145,21
16322.075 Article 75—Restoration.
(1) Under regulations as may be
17prescribed, all rights, privileges, and property affected by an executed part of a
18court-martial sentence which has been set aside or disapproved, except an executed
19dismissal or discharge, shall be restored unless a new trial or rehearing is ordered
20and the executed part is included in a sentence imposed upon the new trial or
21rehearing.
AB400,145,25
22(2) If a previously executed sentence of dishonorable or bad-conduct discharge
23is not imposed on a new trial, the governor may substitute therefore a form of
24discharge authorized for administrative issuance unless the accused is to serve out
25the remainder of the accused's enlistment.
AB400,146,10
1(3) If a previously executed sentence of dismissal is not imposed on a new trial,
2the governor may substitute a form of discharge authorized for administrative issue,
3and the commissioned officer dismissed by that sentence may be reappointed by the
4governor alone to a commissioned grade and rank as in the opinion of the governor
5that former officer would have attained had he or she not been dismissed. The
6reappointment of a former officer shall be without regard to the existence of a
7vacancy and shall affect the promotion status of other officers only insofar as the
8governor may direct. All time between the dismissal and the reappointment shall
9be considered as actual service for all purposes, including the right to pay and
10allowances.
AB400,146,20
11322.076 Article 76—Finality of proceedings, findings, and sentences. 12The appellate review of records of trial provided by this code, the proceedings,
13findings, and sentences of courts-martial as approved, reviewed, or affirmed as
14required by this code, and all dismissals and discharges carried into execution under
15sentences by courts-martial following approval, review, or affirmation as required
16by this code, are final and conclusive. Orders publishing the proceedings of
17courts-martial and all action taken subject to those proceedings are binding upon all
18departments, courts, agencies, and officers of the United States and the several
19states, subject only to action upon a petition for a new trial as provided in s. 322.073
20and to action under s. 322.074.
AB400,147,4
21322.0763 Article 76a—Leave required to be taken pending review of
22certain court-martial convictions. Under regulations prescribed, an accused
23who has been sentenced by a court-martial may be required to take leave pending
24completion of action under this section if the sentence, as approved under s. 322.060,
25includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct
1discharge. The accused may be required to begin leave on the date on which the
2sentence is approved under s. 322.060 or at any time after that date, and any leave
3may be continued until the date on which action under this section is completed or
4may be terminated at any earlier time.
AB400,147,6
5322.0767 Article 76b—Competency; commitment for examination and
6treatment. (1) The following applies to persons who are incompetent to stand trial:
AB400,147,14
7(a) If a person subject to a general court-martial is found to lack substantial
8mental capacity to understand the proceedings or assist in his or own defense and
9the military judge determined that the person is likely to become competent within
10the period specified under s. 971.14(5) (a), the court-martial convening authority for
11the person shall commit the person to the custody of the department of health and
12family services under s. 971.14 (5). If the military judge determines that the
13defendant is not likely to become competent in the time period specified under s.
14971.14(5), the military judge shall suspend or terminate the general court-martial.
AB400,147,1715
(b) The department of health and family services shall submit all reports that
16are required under s. 971.14 (5) (b) and that pertain to a person subject to a
17commitment order under par. (a) to the court-martial.
AB400,148,218
(c) Upon receiving a report under s. 971.17 (5) (b), the court-martial shall make
19a determination as to whether the person has become competent. If the
20court-martial determines that the defendant has become competent, the
21court-martial shall terminate the commitment to the department of health and
22family services and resume the general court-martial. If the court-martial
23determines that the person is making sufficient progress toward becoming
24competent, the commitment shall continue. If the court-martial determines that the
25person is not likely to become competent to proceed in the time period specified under
1s. 971.14 (5) (a), the court-martial shall suspend or terminate the commitment order
2under this subsection.
AB400,148,53
(d) If a person who has been restored to competency again becomes
4incompetent, the maximum commitment period under s. 971.14 (5) (a) shall be as
5provided under s. 971.14 (5) (d).
AB400,148,96
(e) If the court-martial determines under par. (a) or (d) that the person is not
7likely to become competent to proceed, the court-martial may order that the person
8be delivered to a facility under s. 51.15 (2), an approved public treatment facility
9under s. 51.45 (2), or an appropriate medical or protective placement facility.
AB400,148,1410
(f) If the person is discharged from the military forces while subject to a
11commitment order under par. (a), the court-martial shall suspend or terminate the
12commitment order and may order that the person be delivered to a facility under s.
1351.15 (2), an approved public treatment facility under s. 51.45 (2), or an appropriate
14medical or protective placement facility.
AB400,148,16
15(2) The following applies to persons who are found not guilty by reason of
16mental disease or defect:
AB400,148,2017
(a) If a court-martial finds a person not guilty by reason of mental disease or
18defect, the court-martial shall commit the person to the custody of the department
19of health and family services for a period not to exceed that described under s. 971.17
20(1).
AB400,148,2321
(b) Using the standard under s. 971.17 (3) (a), the court-martial shall
22determine whether the commitment order under par. (a) shall specify institutional
23care or conditional release.
AB400,149,424
(c) The court-martial has the same authority as a circuit court has under s.
25971.17 (2) to order the department of health and family services to conduct a
1predisposition investigation using the procedure in s. 972.15 or a mental
2examination as provided under s. 971.17 (2) (b), (c), and (e) to assist the
3court-martial in determining whether to place the person in institutional care or to
4conditionally release the person.
AB400,149,95
(d) If the court-martial specifies institutional care, the department of health
6and family services shall place the person in an institution as provided under s.
7971.17 (3) (c). If the court-martial specifies conditional release, the department of
8health and family services, in conjunction with the person's county of residence, shall
9develop a plan for conditional release as provided under s. 971.17 (3) (d).
AB400,149,1410
(e) After the court-martial enters an order under this subsection and transfers
11custody of a person to the department of health and family services, the person shall
12be subject to s. 971.17 and the circuit court for the county in which the person is
13institutionalized or where the person is placed on conditional release shall have
14jurisdiction in proceedings under s. 971.17.
AB400,149,1615
SUBCHAPTER X
16
PUNITIVE ARTICLES
AB400,149,20
17322.077 Article 77—Principals. Any person who either commits an offense
18punishable by this code, or aids, abets, counsels, commands, or procures its
19commission, or causes an act to be done which if directly performed by him or her
20would be punishable is a principal.
AB400,149,24
21322.078 Article 78—Accessory after the fact. Any person who, knowing
22that an offense punishable by this code has been committed, receives, comforts, or
23assists the offender in order to hinder or prevent his or her apprehension, trial, or
24punishment shall be punished as a court-martial may direct.
AB400,150,3
1322.079 Article 79—Conviction of lesser included offense. An accused
2may be found guilty of an offense necessarily included in the offense charged or of an
3attempt to commit either the offense charged or an offense necessarily included.
AB400,150,7
4322.080 Article 80—Attempts. (1) An act, done with specific intent to
5commit an offense under this code, amounting to more than mere preparation and
6tending, even though failing, to effect its commission, is an attempt to commit that
7offense.
AB400,150,10
8(2) Any person who attempts to commit any offense punishable by this code
9shall be punished as a court-martial may direct, unless otherwise specifically
10prescribed.
AB400,150,12
11(3) Any person may be convicted of an attempt to commit an offense although
12it appears on the trial that the offense was consummated.
AB400,150,16
13322.081 Article 81—Conspiracy. Any person who conspires with any other
14person to commit an offense under this code shall, if one or more of the conspirators
15does an act to effect the object of the conspiracy, be punished as a court-martial may
16direct.
AB400,150,22
17322.082 Article 82—Solicitation.
(1) Any person who solicits or advises
18another or others to desert in violation of s. 322.085 or mutiny in violation of s.
19322.094 shall, if the offense solicited or advised is attempted or committed, be
20punished with the punishment provided for the commission of the offense, but, if the
21offense solicited or advised is not committed or attempted, the person shall be
22punished as a court-martial may direct.
AB400,151,3
23(2) Any person who solicits or advises another or others to commit an act of
24misbehavior before the enemy in violation of s. 322.099 or sedition in violation of s.
25322.094 shall, if the offense solicited or advised is committed, be punished with the
1punishment provided for the commission of the offense, but, if the offense solicited
2or advised is not committed, the person shall be punished as a court-martial may
3direct.
AB400,151,6
4322.083 Article 83—Fraudulent enlistment, appointment, or
5separation. Any person who does any of the following shall be punished as a
6court-martial may direct:
AB400,151,10
7(1) Procures his or her own enlistment or appointment in the state military
8forces by knowingly false representation or deliberate concealment as to his or her
9qualifications for that enlistment or appointment and receives pay or allowances
10there under.
AB400,151,13
11(2) Procures his or her own separation from the state military forces by
12knowingly false representation or deliberate concealment as to his or her eligibility
13for that separation.
AB400,151,18
14322.084 Article 84—Unlawful enlistment, appointment, or separation. 15Any person who effects an enlistment or appointment in or a separation from the
16state military forces of any person who is known to him or her to be ineligible for that
17enlistment, appointment, or separation because it is prohibited by law, regulation,
18or order shall be punished as a court-martial may direct.
AB400,151,20
19322.085 Article 85—Desertion.
(1) Any member of the state military
20forces is guilty of desertion if he or she does any of the following:
AB400,151,2221
(a) Without authority goes or remains absent from his or her unit, organization,
22or place of duty with intent to remain away there from permanently.
AB400,151,2423
(b) Quits his or her unit, organization, or place of duty with intent to avoid
24hazardous duty or to shirk important service.
AB400,152,5
1(c) Without being regularly separated from one of the state military forces
2enlists or accepts an appointment in the same or another one of the state military
3forces, or in one of the armed forces of the United States, without fully disclosing the
4fact that he or she has not been regularly separated, or enters any foreign armed
5service except when authorized by the United States.
AB400,152,9
6(2) Any commissioned officer of the state military forces who, after tender of
7his or her resignation and before notice of its acceptance, quits his or her post or
8proper duties without leave and with intent to remain away there from permanently
9is guilty of desertion.
AB400,152,13
10(3) Any person found guilty of desertion or attempt to desert shall be punished,
11if the offense is committed in time of war, by confinement of not more than 10 years
12or other punishment as a court-martial may direct, but if the desertion or attempt
13to desert occurs at any other time, by punishment as a court-martial may direct.
AB400,152,15
14322.086 Article 86—Absence without leave. Any person who, without
15authority, does any of the following shall be punished as a court-martial may direct:
AB400,152,16
16(1) Fails to go to his or her appointed place of duty at the time prescribed.
AB400,152,17
17(2) Goes from that place.
AB400,152,20
18(3) Absents himself or herself or remains absent from his or her unit,
19organization, or place of duty at which he or she is required to be at the time
20prescribed.
AB400,152,24
21322.087 Article 87—Missing movement. Any person who through neglect
22or design misses the movement of a ship, aircraft, or unit with which he or she is
23required in the course of duty to move shall be punished as a court-martial may
24direct.
AB400,153,5
1322.088 Article 88—Contempt toward officials. Any commissioned officer
2who uses contemptuous words against the president, the vice-president, members
3of congress, the secretary of defense, the secretary of a military department, the
4secretary of homeland security, or the governor or legislature of the state of
5Wisconsin shall be punished as a court-martial may direct.
AB400,153,8
6322.089 Article 89—Disrespect toward superior commissioned officer. 7Any person who behaves with disrespect toward his or her superior commissioned
8officer shall be punished as a court-martial may direct.
AB400,153,11
9322.090 Article 90—Assaulting or willfully disobeying superior
10commissioned officer. A court-martial may direct punishment on any person who
11does any of the following:
AB400,153,14
12(1) Strikes his or her superior commissioned officer or draws or lifts up any
13weapon or offers any violence against him or her while he or she is in the execution
14of his or her office.
AB400,153,16
15(2) Willfully disobeys a lawful command of his or her superior commissioned
16officer.
AB400,153,20
17322.091 Article 91—Insubordinate conduct toward warrant officer,
18noncommissioned officer, or petty officer. Any warrant officer or enlisted
19member who does any of the following shall be punished as a court-martial may
20direct:
AB400,153,22
21(1) Strikes or assaults a warrant officer, noncommissioned officer, or petty
22officer, while that officer is in the execution of his or her office.
AB400,153,24
23(2) Willfully disobeys the lawful order of a warrant officer, noncommissioned
24officer, or petty officer.
AB400,154,3
1(3) Treats with contempt or is disrespectful in language or deportment toward
2a warrant officer, noncommissioned officer, or petty officer, while that officer is in the
3execution of his or her office.
AB400,154,5
4322.092 Article 92—Failure to obey order or regulation. Any person who
5does any of the following shall be punished as a court-martial may direct:
AB400,154,6
6(1) Violates or fails to obey any lawful general order or regulation.
AB400,154,8
7(2) Having knowledge of any other lawful order issued by a member of the state
8military forces, which it is his or her duty to obey, fails to obey the order.
AB400,154,9
9(3) Is derelict in the performance of his or her duties.
AB400,154,12
10322.093 Article 93—Cruelty and maltreatment. Any person who is guilty
11of cruelty toward, or oppression or maltreatment of, any person subject to his or her
12orders shall be punished as a court-martial may direct.
AB400,154,14
13322.094 Article 94—Mutiny or sedition. (1) Any person who does any of
14the following shall be punished as a court-martial may direct:
AB400,154,1715
(a) With intent to usurp or override lawful military authority, refuses, in
16concert with any other person, to obey orders or otherwise do his or her duty or
17creates any violence or disturbance is guilty of mutiny.
AB400,154,2018
(b) With intent to cause the overthrow or destruction of lawful civil authority,
19creates, in concert with any other person, revolt, violence, or other disturbance
20against that authority is guilty of sedition.
AB400,154,2521
(c) Fails to do his or her utmost to prevent and suppress a mutiny or sedition
22being committed in his or her presence, or fails to take all reasonable means to inform
23his or her superior commissioned officer or commanding officer of a mutiny or
24sedition which he or she knows or has reason to believe is taking place, is guilty of
25a failure to suppress or report a mutiny or sedition.
AB400,155,3
1(2) A person who is found guilty of attempted mutiny, mutiny, sedition, or
2failure to suppress or report a mutiny or sedition shall be punished as a
3court-martial may direct.
AB400,155,6
4322.095 Article 95—Resistance, flight, breach of arrest, and escape. 5Any person who does any of the following shall be punished as a court-martial may
6direct:
AB400,155,7
7(1) Resists apprehension.
AB400,155,8
8(2) Flees from apprehension.
AB400,155,9
9(3) Breaks arrest.
AB400,155,10
10(4) Escapes from custody or confinement.
AB400,155,15
11322.096 Article 96—Releasing prisoner without proper authority. Any
12person who, without proper authority, releases any prisoner committed to his or her
13charge, or who through neglect or design causes any prisoner to escape, shall be
14punished as a court-martial may direct, whether or not the prisoner was committed
15in strict compliance with law.
AB400,155,18
16322.097 Article 97—Unlawful detention. Any person who, except as
17provided by law or regulation, apprehends, arrests, or confines any person shall be
18punished as a court-martial may direct.
AB400,155,20
19322.098 Article 98—Noncompliance with procedural rules. Any person
20who does any of the following shall be punished as a court-martial may direct:
AB400,155,22
21(1) Is responsible for unnecessary delay in the disposition of any case of a
22person accused of an offense under this code.
AB400,155,24
23(2) Knowingly and intentionally fails to enforce or comply with any provision
24of this code regulating the proceedings before, during, or after trial of an accused.
AB400,156,3
1322.099 Article 99—Misbehavior before the enemy. Any person who
2before or in the presence of the enemy does any of the following shall be punished as
3a court-martial may direct:
AB400,156,4
4(1) Runs away.
AB400,156,6
5(2) Shamefully abandons, surrenders, or delivers up any command, unit,
6place, or military property which it is his or her duty to defend.
AB400,156,8
7(3) Through disobedience, neglect, or intentional misconduct endangers the
8safety of any command, unit, place, or military property.
AB400,156,9
9(4) Casts away his or her arms or ammunition.
AB400,156,10
10(5) Is guilty of cowardly conduct.
AB400,156,11
11(6) Quits his or her place of duty to plunder or pillage.
AB400,156,13
12(7) Causes false alarms in any command, unit, or place under control of the
13armed forces of the United States or the state military forces.
AB400,156,16
14(8) Willfully fails to do his or her utmost to encounter, engage, capture, or
15destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which
16it is his or her duty so to encounter, engage, capture, or destroy.
AB400,156,19
17(9) Does not afford all practicable relief and assistance to any troops,
18combatants, vessels, or aircraft of the armed forces belonging to the United States
19or their allies, to the state, or to any other state, when engaged in battle.