AB572: Bill Text

2009 Assembly BILL 572

November 10, 2009 - Introduced by Law Revision Committee. Referred to Committee on Rules.

AB572,1,5 An Act relating to: repealing, consolidating, renumbering, amending, and revising various provisions of the statutes for the purpose of correcting errors, supplying omissions, correcting and clarifying references, eliminating defects, anachronisms, conflicts, ambiguities, and obsolete provisions, reconciling conflicts, and repelling unintended repeals (Correction Bill).

Analysis by the Legislative Reference Bureau

This correction bill, prepared by the Legislative Reference Bureau under s. 13.92 (1) (bm) 1. and 2. and (2) (i) and (L), stats., relates to 2007 Wisconsin Act 200. Specific changes are explained in the Notes in the body of the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB572, s. 1 Section 1. 20.455 (1) (b) of the statutes, as affected by 2007 Wisconsin Acts 1 and 200, is amended to read:

AB572,2,3 20.455 (1) (b) Special counsel. A sum sufficient, subject to the procedures established in ss. 5.05 (2m) (c) and 14.11 (2) (c), for the compensation of special counsel appointed as provided in ss. 5.05 (2m) (c) and , 14.11 (2), and 321.42.

Note: Corrects punctuation.

AB572, s. 2 Section 2. 321.40 (5) (c) of the statutes, as affected by 2007 Wisconsin Act 200, is amended to read:

AB572,2,7 321.40 (5) (c) No guard member may receive a tuition grant under sub. (4) (3) for any semester in which he or she received a payment under s. 45.20 (2).

Note: Corrects cross-reference. Tuition grants are provided for under s. 321.40 (3), not (4).

AB572, s. 3 Section 3. 322.001 (4) of the statutes, as created by 2007 Wisconsin Act 200, is renumbered 322.001 (24m) and amended to read:

AB572,2,10 322.001 (24m) "Code This code" means this chapter.

Note: "This" is added for clarity. Except in 2 places, "code" is only used in ch. 322, as created by 2007 Wis. Act 200, in the phrase "this code." Renumbers provision for proper alphabetical placement within list of definitions.

AB572, s. 4 Section 4. 322.001 (8) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,2,16 322.001 (8) "Duty status other than state active duty" means any other type of duty including Unit Training Assemblies unit training assemblies or drills but excludes duty not in federal service and not full-time duty in the active service of the state; under an order issued by authority of law and includes travel to and from duty.

Note: Makes capitalization consistent with current style.

AB572, s. 5 Section 5. 322.001 (25) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,3,2 322.001 (25) "Unit Training Assembly training assembly" means an assembly for drill and instruction which may consist of a single ordered formation of a company, battery, squadron, or detachment, or, when authorized by the commander, a series of ordered formations of those organizations.

Note: Makes capitalization consistent with current style.

AB572, s. 6 Section 6. 322.002 (2) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,3,13 322.002 (2) Subject matter jurisdiction is established if a nexus exists between an offense under this code and the state military force. Courts-martial have primary jurisdiction of military offenses as defined in s. 322.001. A proper civilian court has primary jurisdiction of a nonmilitary offense when an act or omission violates both this code and local criminal law, foreign or domestic. In this case, a court-martial may be initiated only after the civilian authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by the underlying offense.

Note: Deletes unnecessary phrase consistent with current style.

AB572, s. 7 Section 7. 322.005 (title) and (1) of the statutes, as created by 2007 Wisconsin Act 200, are amended to read:

AB572,3,21 322.005 (title) Article 5—Territorial applicability of the this code. (1) This code has applicability in all places, provided that either the person subject to the this code is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting the offense and the efficient functioning of the state military forces; however, this grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense.

Note: Inserts "this" for consistency with the definition in s. 322.001 (24m), as renumbered by this bill.

AB572, s. 8 Section 8. 322.006 (1) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,4,5 322.006 (1) The senior force judge advocates advocate in each of the state's military forces or that judge advocate's delegates shall make frequent inspections in the field in supervision of the administration of military justice in that force.

Note: Replaces plural with singular for proper sentence agreement.

AB572, s. 9 Section 9. 322.007 (1) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,4,9 322.007 (1) In this section, "apprehension apprehend" means the taking of to take a person into custody.

Note: "Apprehension" is not contained in s. 322.007; "apprehend" is.

AB572, s. 10 Section 10. 322.009 (3) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,4,16 322.009 (3) A commissioned officer, a warrant officer, or a civilian subject to this code or to trial there under thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority the person is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order persons into arrest or confinement may not be delegated.

Note: Makes spelling consistent with the remainder of the statutes.

AB572, s. 11 Section 11. 322.015 (3) (intro.) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,4,21 322.015 (3) (intro.) Any commanding officer of the grade of major or lieutenant commander, or above, may impose any of the following upon enlisted members of the officer's command:

Note: Inserts comma to correct grammar. The change is printed in the 2007-08 statutes.

AB572, s. 12 Section 12. 322.026 (2) (c) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,5,4 322.026 (2) (c) Certified Be certified as qualified for duty as a military judge by the senior force judge advocate which is of the same force as the accused.

Note: Inserts "be" for proper sentence agreement with s. 322.026 (2) (intro.). Replaces "which is" with "of" to correct grammar consistent with the language of s. 322.026 (3).

AB572, s. 13 Section 13. 322.026 (3) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,5,10 322.026 (3) In the instance when a military judge is not an attorney licensed to practice in this state, the military judge shall be deemed admitted on motion, subject to filing a certificate with the senior force judge advocate of the same force as the accused setting forth the qualifications provided in sub. (2).

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

AB572, s. 14 Section 14. 322.027 (3) (a) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,5,13 322.027 (3) (a) A judge advocate as defined in this code.

Note: Deletes unnecessary phrase consistent with current style. "Judge advocate" is defined at s. 322.001 (12).

AB572, s. 15 Section 15. 322.027 (4) (intro.) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

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: