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.
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.
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.
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.
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.
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.
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).
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.
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).
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.
322.027 (4) (a) Commissioned A commissioned officer of the armed forces of the United States or a component thereof.
(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.).
322.030 (1) (a) The That the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications.
(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.).
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:
(a) Present The accused is present at the investigation;.
(b) Informed The accused is informed of the nature of each uncharged offense investigated; and.
(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).
322.034 (2) (a) Expressing Expresses conclusions with respect to each matter set forth in sub. (1).
(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.).
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.
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.
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.
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.
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.
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:
(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.
(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.
(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.).
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:
(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.
(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.
(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).
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.
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.
322.049 (3) (c) The present whereabouts of the witness is are unknown.
Note: Replaces "is" with "are" to correct grammar.
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.
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.
(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.
