AB400: Bill Text

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)