AB572: Bill Text

AB572,5,19 322.027 (4) (intro.) In the instance when a defense counsel is not an attorney licensed to practice in this state, the defense counsel shall be deemed admitted on motion, subject to filing a certificate with the military judge setting forth the qualifications that counsel is all of the following:

Note: The Legislative Council committee file shows that "a certificate" was inadvertently deleted during the drafting process.

AB572, s. 16 Section 16. 322.027 (4) (a) and (b) of the statutes, as created by 2007 Wisconsin Act 200, are amended to read:

AB572,6,4 322.027 (4) (a) Commissioned A commissioned officer of the armed forces of the United States or a component thereof.

AB572,6,6 (b) Member A member in good standing of the bar of the highest court of another state.

Note: Inserts "a" for proper sentence agreement with s. 322.027 (4) (intro.).

AB572, s. 17 Section 17. 322.030 (1) (a) and (b) of the statutes, as created by 2007 Wisconsin Act 200, are amended to read:

AB572,6,10 322.030 (1) (a) The That the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications.

AB572,6,11 (b) The That the facts are true to the best of the signer's knowledge and belief.

Note: Inserts "that" for proper sentence agreement with s. 322.030 (1) (intro.).

AB572, s. 18 Section 18. 322.032 (4) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,6,17 322.032 (4) If evidence adduced in an investigation under this section indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused is afforded all of the following apply:

AB572,6,18 (a) Present The accused is present at the investigation;.

AB572,6,20 (b) Informed The accused is informed of the nature of each uncharged offense investigated; and.

AB572,6,22 (c) Afforded The accused is afforded the opportunities for representation, cross-examination, and presentation prescribed in sub. (2).

Note: Reorganizes text for proper sentence agreement between s. 322.032 (4) (intro.) and s. 322.032 (4) (a), (b), and (c).

AB572, s. 19 Section 19. 322.034 (2) (a) and (b) of the statutes, as created by 2007 Wisconsin Act 200, are amended to read:

AB572,7,4 322.034 (2) (a) Expressing Expresses conclusions with respect to each matter set forth in sub. (1).

AB572,7,6 (b) Recommending Recommends action that the convening authority take regarding the specification.

Note: Inserts the correct word form for proper sentence agreement with s. 322.034 (2) (intro.).

AB572, s. 20 Section 20. 322.035 of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,7,13 322.035 Article 35—Service of charges. The trial counsel shall serve or caused cause to be served upon the accused a copy of the charges. No person may, against the person's objection, be brought to trial before a general court-martial case within a period of 5 days after the service of charges upon the accused , or, in a special court-martial, within a period of 3 days after the service of charges upon the accused.

Note: Inserts the correct word form for proper sentence agreement and moves comma to correct grammar.

AB572, s. 21 Section 21. 322.037 (1) (intro.) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,8,4 322.037 (1) (intro.) No authority convening a general, special, or summary court-martial, nor any other commanding officer, or officer serving on the commanding officer's staff, may censure, reprimand, or admonish the court or any member, the military judge, or counsel, with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or their functions in the conduct of the proceedings. No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or court of inquiry or any member, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to their judicial acts. The foregoing provisions of the This subsection shall does not apply with respect to the any of the following:

Note: Corrects form of cross-reference. Replaces "shall" consistent with current style.

AB572, s. 22 Section 22. 322.038 (2) (d) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,8,9 322.038 (2) (d) If the accused is represented by civilian counsel, military counsel detailed or selected under par. (c) shall act as associate counsel unless excused by the military judge at the request of the accused.

Note: Inserts missing article.

AB572, s. 23 Section 23. 322.038 (2) (f) 2. of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,8,14 322.038 (2) (f) 2. If the accused is represented by military counsel of the accused's own selection under par. (c) 2., may approve a request from the accused that military counsel detailed under par. (c) 1. act as associate defense counsel.

Note: "May" is contained in s. 322.038 (2) (f) (intro.), and its repetition in the subsequent subdivision is grammatically incorrect.

AB572, s. 24 Section 24. 322.040 of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,8,19 322.040 Article 40—Continuances. The military judge of a court-martial or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.

Note: The Legislative Council committee file shows that "such" was inadvertently deleted during the drafting process.

AB572, s. 25 Section 25. 322.043 (4) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,9,8 322.043 (4) When the United States is at war based on a congressional declaration or by presidential declaration under the Global War on Terror, the running of any statute of limitations is suspended until 2 years after the termination of hostilities, as proclaimed by the president or by a joint resolution of congress, and the suspension is applicable to any offense under this code under any of the following circumstances:

AB572,9,11 (a) Involving The offense involves fraud or attempted fraud against the United States, any state, or any agency of either in any manner, whether by conspiracy or not.

AB572,9,14 (b) Committed The offense is committed in connection with the acquisition, care, handling, custody, control, or disposition of any real or personal property of the United States or any state.

AB572,9,19 (c) Committed The offense is committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war, or with any disposition of termination inventory by any war contractor or government agency.

Note: Consistent with the underlying draft contained in the Legislative Council committee file, inserts "the suspension" in s. 322.043 (4) (intro.) to supply a missing subject in the last clause of the (intro.). Amends s. 322.043 (4) (a) to (c) for proper sentence agreement with s. 322.043 (4) (intro.).

AB572, s. 26 Section 26. 322.047 (1) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,10,3 322.047 (1) Any person not subject to this code may be punished by the military court in the same manner as a court of the state, if all of the following apply to that person:

AB572,10,7 (a) Has The person has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry, or before any military or civil officer designated to take a deposition to be read in evidence before a court.

AB572,10,9 (b) Has The person has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a court of the state.

AB572,10,12 (c) Willfully The person willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce.

Note: Reorganizes text for proper sentence agreement between s. 322.047 (1) (intro.) and s. 322.047 (1) (a), (b), and (c).

AB572, s. 27 Section 27. 322.049 (3) (a) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,10,16 322.049 (3) (a) The witness resides or is beyond the State state in which the court is ordered to sit, or beyond one hundred miles from the place of trial or hearing;.

Note: Makes capitalization and punctuation consistent with current style.

AB572, s. 28 Section 28. 322.049 (3) (b) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,10,22 322.049 (3) (b) The witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, non amenability nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing.

Note: Corrects spelling.

AB572, s. 29 Section 29. 322.049 (3) (c) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,11,3 322.049 (3) (c) The present whereabouts of the witness is are unknown.

Note: Replaces "is" with "are" to correct grammar.

AB572, s. 30 Section 30. 322.0505 (4) (intro.) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,11,10 322.0505 (4) (intro.) Sub. Subsection (3) does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only or a summary court-martial officer, whenever mental disease or defect of the accused with respect to an offense is properly at issue, the military judge or summary court-martial officer shall find the accused of any one of the following:

Note: Deletes incorrect word and inserts correct word consistent with s. 322.0505 (3) (intro.). Corrects form of citation, consistent with current style.

AB572, s. 31 Section 31. 322.051 (3) (a), (b), (c) and (d) of the statutes, as created by 2007 Wisconsin Act 200, are amended to read:

AB572,11,14 322.051 (3) (a) The That the accused shall be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt.

AB572,11,17 (b) The That, in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted.

AB572,11,19 (c) If That, if there is a reasonable doubt as to the degree of guilt, the finding shall be in a lower degree as to which there is no reasonable doubt.

AB572,11,21 (d) The That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state.

Note: Inserts "that" for proper sentence agreement with s. 322.051 (3) (intro.). Consistent with the underlying draft contained in the Legislative Council committee file, "in" is inserted in s. 322.051 (3) (b).

AB572, s. 32 Section 32. 322.0575 (2) (b) 1. of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,12,5 322.0575 (2) (b) 1. While in the custody of a state, the United States, or a foreign country, is temporarily returned by that state, the United States, or a foreign country to the state military forces for trial by court-martial.

Note: Inserts a comma for consistent sentence structure with s. 322.0575 (2) (b) 2.

AB572, s. 33 Section 33. 322.064 (1) (a) 1., 2. and 3. of the statutes, as created by 2007 Wisconsin Act 200, are amended to read:

AB572,12,9 322.064 (1) (a) 1. The Whether the court had jurisdiction over the accused and the offense.

AB572,12,10 2. The Whether the charge and specification stated an offense.

AB572,12,12 3. The Whether the sentence was within the limits prescribed as a matter of law.

Note: Inserts "whether" for proper sentence agreement with s. 322.064 (1) (a) (intro.).

AB572, s. 34 Section 34. 322.0675 of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,12,19 322.0675 Article 67a—Review by state appellate authority. Decisions of a court-martial are from a court with jurisdiction to issue felony convictions, and appeals are to the Wisconsin court of appeals, District IV and, if necessary, to the Wisconsin Supreme Court. The appellate procedures to be followed shall be those provided under ch. 809.

Note: Inserts comma to correct grammar.

AB572, s. 35 Section 35. 322.070 (1) and (5) of the statutes, as created by 2007 Wisconsin Act 200, are amended to read:

AB572,13,6 322.070 (1) The senior force judge advocate shall detail a judge advocate as appellate Government government counsel to represent the state in the review or appeal of cases specified in s. 322.0675 and before any federal court when requested to do so by the state attorney general. Appellate government counsel shall be an attorney licensed to practice in this state or a member in good standing of the bar of the highest court of the state to which the appeal is taken.

AB572,13,8 (5) An accused may be represented by civilian appellate counsel at no expense to the State state.

Note: Makes capitalization consistent with current style.

AB572, s. 36 Section 36. 322.075 (2) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,13,14 322.075 (2) If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the governor may substitute therefore therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of the accused's enlistment.

Note: Corrects spelling.

AB572, s. 37 Section 37. 322.083 (1) and (2) of the statutes, as created by 2007 Wisconsin Act 200, are amended to read:

AB572,13,20 322.083 (1) Procures his or her own enlistment or appointment in the state military forces by knowingly knowing false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances there under thereunder.

AB572,13,23 (2) Procures his or her own separation from the state military forces by knowingly knowing false representation or deliberate concealment as to his or her eligibility for that separation.

Note: Corrects grammar and makes spelling consistent with the remainder of the statutes.

AB572, s. 38 Section 38. 322.085 (1) (a) and (2) of the statutes, as created by 2007 Wisconsin Act 200, are amended to read:

AB572,14,5 322.085 (1) (a) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away there from therefrom permanently.