AB400: Bill Text

AB400,164,2 (2) Willfully and maliciously burns or sets fire to the property of another, except as provided in sub. (1), is guilty of simple arson.

AB400,164,6 322.127 Article 127—Extortion. Any person who communicates threats to another person with the intention of obtaining anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct.

AB400,164,8 322.128 Article 128—Assault. Any person who does any of the following shall be punished as a court-martial may direct:

AB400,164,11 (1) Attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault.

AB400,164,13 (2) Commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm is guilty of aggravated assault.

AB400,164,15 (3) Commits an assault and intentionally inflicts grievous bodily harm with or without a weapon is guilty of aggravated assault.

AB400,164,19 322.129 Article 129—Burglary. Any person who, with intent to commit an offense punishable under ss. 322.120 to 322.128, breaks and enters, in the nighttime, the dwelling house of another, is guilty of burglary and shall be punished as a court-martial may direct.

AB400,164,22 322.130 Article 130—Housebreaking. Any person who unlawfully enters the building or structure of another with intent to commit a criminal offense is guilty of housebreaking and shall be punished as a court-martial may direct.

AB400,164,25 322.131 Article 131—Perjury. Any person who in a judicial proceeding or in a course of justice willfully and corruptly does any of the following shall be punished as a court-martial may direct:

AB400,165,2 (1) Upon a lawful oath or in any form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry.

AB400,165,5 (2) In any declaration, certificate, verification, or statement under penalty or perjury as permitted under 28 USC 1746, subscribes any false statement material to the issue or matter of inquiry.

AB400,165,8 322.132 Article 132—Frauds against the government. Any person who does any of the following knowing it to be false or fraudulent shall be punished as a court-martial may direct:

AB400,165,10 (1) For the purpose of obtaining the approval, allowance, or payment of any claim against the United States, the state, or of any state, or any officer:

AB400,165,11 (a) Makes or presents a claim.

AB400,165,12 (b) Makes or uses any writing or other paper.

AB400,165,14 (c) Makes any oath, affirmation or certification to any fact or to any writing or other paper.

AB400,165,16 (2) For the purpose of defrauding the United States, the state, or of any state, or any officer:

AB400,165,18 (a) Forges or counterfeits any signature upon any writing or other paper, or uses any signature knowing it to be forged or counterfeited.

AB400,165,20 (b) Delivers to any person having authority to receive it, any amount less than that for which he or she receives a certificate or receipt.

AB400,165,22 (c) Makes or delivers to any person, a writing without having full knowledge of the truth of the statements contained in the writing.

AB400,166,2 322.133 Article 133—Conduct unbecoming an officer and a gentleman. Any commissioned officer, cadet, candidate, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.

AB400,166,10 322.134 Article 134—General section. Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit upon the state military forces shall be taken cognizance of by a court-martial and punished at the discretion of a military court. However, where a crime constitutes an offense that violates both this code and the criminal laws of the state where the offense occurs or criminal laws of the United States, jurisdiction of the military court shall be determined under s. 322.002 (2).

AB400,166,12 SUBCHAPTER XI MISCELLANEOUS PROVISIONS

AB400,166,16 322.135 Article 135—Courts of inquiry. (1) Courts of inquiry to investigate any matter of concern to the state military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved has requested an inquiry.

AB400,166,18 (2) A court of inquiry consists of 3 or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court.

AB400,166,23 (3) Any person whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.

AB400,166,25 (4) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.

AB400,167,2 (5) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.

AB400,167,4 (6) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.

AB400,167,6 (7) Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.

AB400,167,12 (8) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.

AB400,167,15 322.136 Article 136—Authority to administer oaths and to act as notary. (1) The following persons may administer oaths for the purposes of military administration, including military justice:

AB400,167,16 (a) All judge advocates.

AB400,167,17 (b) All summary courts-martial.

AB400,167,19 (c) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants.

AB400,167,20 (d) All commanding officers of the naval militia.

AB400,167,22 (e) All other persons designated by regulations of the armed forces of the United States or by statute.

AB400,167,24 (2) The following persons may administer oaths necessary in the performance of their duties:

AB400,168,2 (a) The president, military judge, and trial counsel for all general and special courts-martial.

AB400,168,3 (b) The president and the counsel for the court of any court of inquiry.

AB400,168,4 (c) All officers designated to take a deposition.

AB400,168,5 (d) All persons detailed to conduct an investigation.

AB400,168,6 (e) All recruiting officers.

AB400,168,8 (f) All other persons designated by regulations of the armed forces of the United States or by statute.

AB400,168,10 (3) The signature without seal of any of the above persons, together with the title of his or her office, is prima facie evidence of the person's authority.

AB400,168,13 322.137 Article 137—Articles to be available. The code and the manual for courts-martial shall be made available to a member of the state military forces, upon request by the member, for the member's personal examination.

AB400,168,22 322.138 Article 138—Complaints of wrongs. Any member of the state military forces who believes himself or herself wronged by a commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and shall, as soon as possible, send to the adjutant general a true statement of that complaint, with the proceedings.

AB400,169,10 322.139 Article 139—Redress of injuries to property. (1) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the state military forces, that person may, under the regulations prescribed, convene a board to investigate the complaint. The board shall consist of from one to 3 commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by that officer shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive on any disbursing officer for payment to the injured parties of the damages so assessed and approved.

AB400,169,15 (2) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in proportion as may be considered just upon the individual members who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.

AB400,169,18 322.140 Article 140—Delegation by the governor. The governor may delegate any authority vested in the governor under this code, and provide for the sub-delegation of any authority, except the power given the governor by s. 322.022.

AB400,169,24 322.141 Article 141—Payment of fees, costs, and expenses. The fees and authorized travel expenses of all witnesses, experts, victims, court reporters, and interpreters, fees for the service of process, the costs of collection, apprehension, detention and confinement, and all other necessary expenses of prosecution and the administration of military justice, not otherwise payable by any other source, shall be paid by the Wisconsin national guard.

AB400,170,4 322.142 Article 142—Payment of fines and disposition. (1) Fines imposed by a military court or through imposition of nonjudicial punishment may be paid to the state and delivered to the court or imposing officer, or to a person executing their process. Fines may be collected in the following manner:

AB400,170,5 (a) By cash, cashier's check, or money order.

AB400,170,7 (b) By retention of any pay or allowances due or to become due the person fined from any state or the United States.

AB400,170,9 (c) By garnishment or levy, together with costs, on the wages, goods, and chattels of a person delinquent in paying a fine, as provided by law.

AB400,170,11 (2) Any sum so received or retained shall be deposited with the Wisconsin national guard or to where the court so directs.

AB400,170,12 (3) Nothing in this code shall be construed to prohibit restitution.

AB400,170,15 322.143 Article 143—Uniformity of interpretation. This code shall be so construed as to effectuate its general purpose to make it uniform, so far as practical, with the 10 USC ch. 47.

AB400,170,19 322.144 Article 144—Immunity for action of military courts. All persons acting under the provisions of this code, whether as a member of the military or as a civilian, shall be immune from any personal liability for any of the acts or omissions that they did or failed to do as part of their duties under this code.

AB400, s. 228 Section 228 . Laws of 1969, chapter 20, section 10 is repealed.

AB400, s. 229 Section 229. Initial applicability.

AB400,170,24 (1) The treatment of section 302.31 (1m) and chapter 322 of the statutes and Section 228 of this act first apply to acts or omissions that occur on the effective date of this subsection.

AB400,170,25 (End)