AB400: Bill Text

AB400,148,5 (d) If a person who has been restored to competency again becomes incompetent, the maximum commitment period under s. 971.14 (5) (a) shall be as provided under s. 971.14 (5) (d).

AB400,148,9 (e) If the court-martial determines under par. (a) or (d) that the person is not likely to become competent to proceed, the court-martial may order that the person be delivered to a facility under s. 51.15 (2), an approved public treatment facility under s. 51.45 (2), or an appropriate medical or protective placement facility.

AB400,148,14 (f) If the person is discharged from the military forces while subject to a commitment order under par. (a), the court-martial shall suspend or terminate the commitment order and may order that the person be delivered to a facility under s. 51.15 (2), an approved public treatment facility under s. 51.45 (2), or an appropriate medical or protective placement facility.

AB400,148,16 (2) The following applies to persons who are found not guilty by reason of mental disease or defect:

AB400,148,20 (a) If a court-martial finds a person not guilty by reason of mental disease or defect, the court-martial shall commit the person to the custody of the department of health and family services for a period not to exceed that described under s. 971.17 (1).

AB400,148,23 (b) Using the standard under s. 971.17 (3) (a), the court-martial shall determine whether the commitment order under par. (a) shall specify institutional care or conditional release.

AB400,149,4 (c) The court-martial has the same authority as a circuit court has under s. 971.17 (2) to order the department of health and family services to conduct a predisposition investigation using the procedure in s. 972.15 or a mental examination as provided under s. 971.17 (2) (b), (c), and (e) to assist the court-martial in determining whether to place the person in institutional care or to conditionally release the person.

AB400,149,9 (d) If the court-martial specifies institutional care, the department of health and family services shall place the person in an institution as provided under s. 971.17 (3) (c). If the court-martial specifies conditional release, the department of health and family services, in conjunction with the person's county of residence, shall develop a plan for conditional release as provided under s. 971.17 (3) (d).

AB400,149,14 (e) After the court-martial enters an order under this subsection and transfers custody of a person to the department of health and family services, the person shall be subject to s. 971.17 and the circuit court for the county in which the person is institutionalized or where the person is placed on conditional release shall have jurisdiction in proceedings under s. 971.17.

AB400,149,16 SUBCHAPTER X PUNITIVE ARTICLES

AB400,149,20 322.077 Article 77—Principals. Any person who either commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission, or causes an act to be done which if directly performed by him or her would be punishable is a principal.

AB400,149,24 322.078 Article 78—Accessory after the fact. Any person who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his or her apprehension, trial, or punishment shall be punished as a court-martial may direct.

AB400,150,3 322.079 Article 79—Conviction of lesser included offense. An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included.

AB400,150,7 322.080 Article 80—Attempts. (1) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.

AB400,150,10 (2) Any person who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.

AB400,150,12 (3) Any person may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.

AB400,150,16 322.081 Article 81—Conspiracy. Any person who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

AB400,150,22 322.082 Article 82—Solicitation. (1) Any person who solicits or advises another or others to desert in violation of s. 322.085 or mutiny in violation of s. 322.094 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial may direct.

AB400,151,3 (2) Any person who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of s. 322.099 or sedition in violation of s. 322.094 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, the person shall be punished as a court-martial may direct.

AB400,151,6 322.083 Article 83—Fraudulent enlistment, appointment, or separation. Any person who does any of the following shall be punished as a court-martial may direct:

AB400,151,10 (1) Procures his or her own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances there under.

AB400,151,13 (2) Procures his or her own separation from the state military forces by knowingly false representation or deliberate concealment as to his or her eligibility for that separation.

AB400,151,18 322.084 Article 84—Unlawful enlistment, appointment, or separation. Any person who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to him or her to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.

AB400,151,20 322.085 Article 85—Desertion. (1) Any member of the state military forces is guilty of desertion if he or she does any of the following:

AB400,151,22 (a) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away there from permanently.

AB400,151,24 (b) Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service.

AB400,152,5 (c) Without being regularly separated from one of the state military forces enlists or accepts an appointment in the same or another one of the state military forces, or in one of the armed forces of the United States, without fully disclosing the fact that he or she has not been regularly separated, or enters any foreign armed service except when authorized by the United States.

AB400,152,9 (2) Any commissioned officer of the state military forces who, after tender of his or her resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away there from permanently is guilty of desertion.

AB400,152,13 (3) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by confinement of not more than 10 years or other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by punishment as a court-martial may direct.

AB400,152,15 322.086 Article 86—Absence without leave. Any person who, without authority, does any of the following shall be punished as a court-martial may direct:

AB400,152,16 (1) Fails to go to his or her appointed place of duty at the time prescribed.

AB400,152,17 (2) Goes from that place.

AB400,152,20 (3) Absents himself or herself or remains absent from his or her unit, organization, or place of duty at which he or she is required to be at the time prescribed.

AB400,152,24 322.087 Article 87—Missing movement. Any person who through neglect or design misses the movement of a ship, aircraft, or unit with which he or she is required in the course of duty to move shall be punished as a court-martial may direct.

AB400,153,5 322.088 Article 88—Contempt toward officials. Any commissioned officer who uses contemptuous words against the president, the vice-president, members of congress, the secretary of defense, the secretary of a military department, the secretary of homeland security, or the governor or legislature of the state of Wisconsin shall be punished as a court-martial may direct.

AB400,153,8 322.089 Article 89—Disrespect toward superior commissioned officer. Any person who behaves with disrespect toward his or her superior commissioned officer shall be punished as a court-martial may direct.

AB400,153,11 322.090 Article 90—Assaulting or willfully disobeying superior commissioned officer. A court-martial may direct punishment on any person who does any of the following:

AB400,153,14 (1) Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against him or her while he or she is in the execution of his or her office.

AB400,153,16 (2) Willfully disobeys a lawful command of his or her superior commissioned officer.

AB400,153,20 322.091 Article 91—Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer. Any warrant officer or enlisted member who does any of the following shall be punished as a court-martial may direct:

AB400,153,22 (1) Strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his or her office.

AB400,153,24 (2) Willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer.

AB400,154,3 (3) Treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his or her office.

AB400,154,5 322.092 Article 92—Failure to obey order or regulation. Any person who does any of the following shall be punished as a court-martial may direct:

AB400,154,6 (1) Violates or fails to obey any lawful general order or regulation.

AB400,154,8 (2) Having knowledge of any other lawful order issued by a member of the state military forces, which it is his or her duty to obey, fails to obey the order.

AB400,154,9 (3) Is derelict in the performance of his or her duties.

AB400,154,12 322.093 Article 93—Cruelty and maltreatment. Any person who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her orders shall be punished as a court-martial may direct.

AB400,154,14 322.094 Article 94—Mutiny or sedition. (1) Any person who does any of the following shall be punished as a court-martial may direct:

AB400,154,17 (a) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance is guilty of mutiny.

AB400,154,20 (b) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition.

AB400,154,25 (c) Fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which he or she knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

AB400,155,3 (2) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.

AB400,155,6 322.095 Article 95—Resistance, flight, breach of arrest, and escape. Any person who does any of the following shall be punished as a court-martial may direct:

AB400,155,7 (1) Resists apprehension.

AB400,155,8 (2) Flees from apprehension.

AB400,155,9 (3) Breaks arrest.

AB400,155,10 (4) Escapes from custody or confinement.

AB400,155,15 322.096 Article 96—Releasing prisoner without proper authority. Any person who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or design causes any prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.

AB400,155,18 322.097 Article 97—Unlawful detention. Any person who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.

AB400,155,20 322.098 Article 98—Noncompliance with procedural rules. Any person who does any of the following shall be punished as a court-martial may direct:

AB400,155,22 (1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code.

AB400,155,24 (2) Knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused.

AB400,156,3 322.099 Article 99—Misbehavior before the enemy. Any person who before or in the presence of the enemy does any of the following shall be punished as a court-martial may direct:

AB400,156,4 (1) Runs away.

AB400,156,6 (2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his or her duty to defend.

AB400,156,8 (3) Through disobedience, neglect, or intentional misconduct endangers the safety of any command, unit, place, or military property.

AB400,156,9 (4) Casts away his or her arms or ammunition.

AB400,156,10 (5) Is guilty of cowardly conduct.

AB400,156,11 (6) Quits his or her place of duty to plunder or pillage.

AB400,156,13 (7) Causes false alarms in any command, unit, or place under control of the armed forces of the United States or the state military forces.

AB400,156,16 (8) Willfully fails to do his or her utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his or her duty so to encounter, engage, capture, or destroy.

AB400,156,19 (9) Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies, to the state, or to any other state, when engaged in battle.

AB400,156,25 322.100 Article 100—Subordinate compelling surrender. Any person who compels or attempts to compel the commander of any of the state military forces of the State, or of any other state, place, vessel, aircraft, or other military property, or of any body of members of the armed forces, to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished as a court-martial may direct.

AB400,157,6 322.101 Article 101—Improper use of countersign. Any person who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another, who is entitled to receive and use the parole or countersign, a different parole or countersign from that which, to his or her knowledge, he or she was authorized and required to give, shall be punished as a court-martial may direct.

AB400,157,10 322.102 Article 102—Forcing a safeguard. Any person who forces a safeguard shall be punished as a court-martial may direct. "Forcing a safeguard" means performing any act in violation of the protection of a detachment, guard, or detail posted by a commander for protection.

AB400,157,15 322.103 Article 103—Captured or abandoned property. (1) All persons subject to this code shall secure all public property taken for the service of the United States or the state, or of any other state, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.

AB400,157,17 (2) Any person subject to this code who does any of the following shall be punished as a court-martial may direct:

AB400,157,18 (a) Fails to carry out the duties prescribed in sub. (1).

AB400,157,22 (b) Buys, sells, trades, or in any way deals in or disposes of taken, captured, or abandoned property, whereby he or she receives or expects any profit, benefit, or advantage to himself or herself or another directly or indirectly connected with himself or herself.

AB400,157,23 (c) Engages in looting or pillaging.

AB400,157,25 322.104 Article 104—Aiding the enemy. Any person who does any of the following shall be punished as a court-martial may direct:

AB400,158,2 (1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things.

AB400,158,5 (2) Without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly.

AB400,158,8 322.105 Article 105—Misconduct as prisoner. Any person who, while in the hands of the enemy in time of war does any of the following shall be punished as a court-martial may direct:

AB400,158,12 (1) For the purpose of securing favorable treatment by his or her captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners.

AB400,158,14 (2) While in a position of authority over such persons maltreats them without justifiable cause.

AB400,158,19 322.107 Article 107—False official statements. Any person who, with intent to deceive, signs any false record, return, regulation, order, or other official document made in the line of duty, knowing it to be false, or makes any other false official statement made in the line of duty, knowing it to be false, shall be punished as a court-martial may direct.

AB400,158,22 322.108 Article 108—Military property — Loss, damage, destruction, or wrongful disposition. Any person who, without proper authority, does any of the following shall be punished as a court-martial may direct: