AB400: Bill Text

AB400, s. 211 Section 211. 321.04 (1) (p) of the statutes is created to read:

AB400,88,8 321.04 (1) (p) Perform the duties under s. 321.51 (2) (e).

AB400, s. 212 Section 212. 321.04 (2) (intro.) of the statutes is created to read:

AB400,88,11 321.04 (2) (intro.) The adjutant general or his or her designee may do any of the following:

AB400, s. 213 Section 213. 321.04 (2) (f) of the statutes is created to read:

AB400,88,13 321.04 (2) (f) Perform the duties under 321.51 (2) (b).

AB400, s. 214 Section 214. Subchapter II (title) of chapter 321 [precedes 321.10] of the statutes is created to read:

AB400,88,16 Chapter 321

AB400,88,18 subchapter II military OFFICERS

AB400, s. 215 Section 215. 321.10 (1) (e) of the statutes is created to read:

AB400,88,21 321.10 (1) (e) A joint chief of staff, whose rank may may not exceed major general.

AB400, s. 216 Section 216. Subchapter III (title) of chapter 321 [precedes 321.20] of the statutes is created to read:

AB400,88,24 chapter 321

AB400,89,2 subchapter III military property

AB400, s. 217 Section 217. 321.21 (1) of the statutes is created to read:

AB400,89,5 321.21 (1) In this section, "money" means funds in the custody of the department.

AB400, s. 218 Section 218. 321.23 (title) of the statutes is created to read:

AB400,89,7 321.23 (title) Facilities and lands.

AB400, s. 219 Section 219. Subchapter IV (title) of chapter 321 [precedes 321.30] of the statutes is created to read:

AB400,89,10 chapter 321

AB400,89,13 subchapter iV national guard and state defense force

AB400, s. 220 Section 220. 321.39 (1) (a) (intro.) of the statutes is created to read:

AB400,89,16 321.39 (1) (a) (intro.) The governor may order into state active duty members of the national guard under the following circumstances:

AB400, s. 221 Section 221. 321.39 (1) (a) 3. of the statutes is created to read:

AB400,89,19 321.39 (1) (a) 3. If the governor declares a state of emergency relating to public health under s. 166.03 (1) (b).

AB400, s. 222 Section 222. 321.40 (2) (f) of the statutes is created to read:

AB400,89,22 321.40 (2) (f) Failing to be an actively drilling guard member upon the date of the satisfactory completion of a full-time or part-time course in a qualifying school.

AB400, s. 223 Section 223. 321.40 (6) (d) of the statutes is created to read:

AB400,90,3 321.40 (6) (d) No guard member may receive a tuition grant under this section unless he or she is a member in good standing in the national guard at the time of completion of the course.

AB400, s. 224 Section 224. 321.51 (2) (b) of the statutes is created to read:

AB400,90,7 321.51 (2) (b) If the state defense force is organized under sub. (1), the adjutant general may perform the duties under s. 321.04 (2) (a), (b), (c) and (d) for the state defense force.

AB400, s. 225 Section 225. 321.51 (2) (e) of the statutes is created to read:

AB400,90,11 321.51 (2) (e) If the state defense force is organized under sub. (1), the adjutant general shall perform the duties under s. 321.04 (1) (a) to (n) and (q) for the state defense force.

AB400, s. 226 Section 226. Subchapter V (title) of chapter 321 [precedes 321.60] of the statutes is created to read:

AB400,90,14 chapter 321

AB400,90,16 subchapter V rights of service Members

AB400, s. 227 Section 227. Chapter 322 of the statutes is created to read:

AB400,90,20 Chapter 322 Wisconsin code of military justice

AB400,90,22 subchapter I general provisions

AB400,90,24 322.0001 Criminal code interaction. (1) Chapters 939, 967 to 973, and 975 to 979 do not apply to proceedings under this chapter.

AB400,91,3 (2) A crime under this code is a crime under s. 939.12. A felony under this code is a felony under s. 939.22 (12). A misdemeanor under this code is a misdemeanor under s. 939.22 (20).

AB400,91,5 322.001 Article 1—Definitions. In this chapter, unless the context otherwise requires:

AB400,91,9 (1) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.

AB400,91,13 (2) "Cadet," "candidate," or "midshipman" means a person who is enrolled in or attending a state military academy, a regional training institute, or any other formal education program for the purpose of becoming a commissioned officer in a state military force.

AB400,91,14 (3) "Classified information" means any of the following:

AB400,91,18 (a) Any information or material that has been determined by an official of the United States or any state subject to law, an executive order, or regulation to require protection against unauthorized disclosure for reasons of state security or national defense or foreign relations of the United States.

AB400,91,19 (b) Any restricted data, as defined in 42 USC 2014 (y).

AB400,91,20 (4) "Code" means this chapter.

AB400,91,24 (5) "Commanding officer" includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment under s 322.015. The term `commander' has the same meaning as `commanding officer' unless the context otherwise requires.

AB400,92,3 (6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority.

AB400,92,7 (7) "Day" means calendar day and is not synonymous with the term "unit training assembly." Any punishment authorized by this code which is measured in terms of days shall, when served in a status other than annual field training, be construed to mean succeeding duty days.

AB400,92,11 (8) "Duty status other than state active duty" means any other type of duty including 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.

AB400,92,15 (9) "Enemy" includes organized forces of the enemy in time of war, any hostile body that U.S. or state forces may be opposing, such as a rebellious mob or band of renegades, and includes civilians as well as members of military organizations. Enemy is not restricted to the enemy government or its armed forces.

AB400,92,16 (10) "Enlisted member" means a person in an enlisted grade.

AB400,92,19 (11) "Forfeiture" means a permanent loss of entitlement to pay or allowances and any forfeiture under this code is not a forfeiture for purposes of Article X, Section 2, of the Wisconsin constitution.

AB400,92,23 (12) "Judge advocate" means a commissioned officer of the organized state military forces who is an attorney licensed to practice in this state or a member in good standing of the bar of the highest court of another state, and is any of the following:

AB400,93,3 (a) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the army, air force, navy, or the marine corps or designated as a law specialist as an officer of the coast guard, or a reserve component of one of these.

AB400,93,10 (b) Certified as an non-federally recognized judge advocate, under regulations promulgated subject to this provision, by the senior judge advocate of the commander of the force in the state military force of which the accused is a member, as competent to perform military justice duties required by this code. If there is no judge advocate available, then certification may be made by the senior judge advocate of the commander of another force in the state military forces, as the convening authority directs.

AB400,93,12 (13) "Military court" means a court of inquiry under s. 322.135 or a court-martial.

AB400,93,14 (14) "Military judge" means an official of a general or special court-martial detailed under s. 322.026.

AB400,94,13 (15) "Military offenses" means those offenses prescribed under articles 77, principals; 78, accessory after the fact; 80, attempts; 81, conspiracy; 82, solicitation; 83, fraudulent enlistment, appointment, or separation; 84, unlawful enlistment, appointment, or separation; 85, desertion; 86, absence without leave; 87, missing movement; 88, contempt toward officials; 89, disrespect towards superior commissioned officer; 90, assaulting or willfully disobeying superior commissioned officer; 91, insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer; 92, failure to obey order or regulation; 93, cruelty and maltreatment; 94, mutiny or sedition; 95, resistance, flight, breach of arrest, and escape; 96, releasing prisoner without proper authority; 97, unlawful detention; 98, noncompliance with procedural rules; 99, misbehavior before the enemy; 100, subordinate compelling surrender; 101, improper use of countersign; 102, forcing a safeguard; 103, captured or abandoned property; 104, aiding the enemy; 105, misconduct as prisoner; 107, false official statements; 108, military property — loss, damage, destruction, or wrongful disposition; 109, property other than military property — waste, spoilage, or destruction; 110, improper hazarding of vessel; 111, drunken or reckless operation of a vehicle, aircraft, or vessel; 112, drunk on duty; 112a, wrongful use, or possession of controlled substances; 113, misbehavior of sentinel; 114, dueling; 115, malingering; 116, riot or breach of peace; 117, provoking speeches or gestures; 120, rape or carnal knowledge; 121, larceny and wrongful appropriation; 122, robbery; 123, forgery; 124, maiming; 126, arson; 127, extortion; 128, assault; 129, burglary; 130, housebreaking; 131, perjury; 132, frauds against the government; 133, conduct unbecoming an officer and a gentleman; and 134, general; of this code.

AB400,94,15 (16) "Nonmilitary offenses" mean offenses which are in the state's civilian penal statute and are not offenses in this code.

AB400,94,16 (17) "Officer" means a commissioned or warrant officer.

AB400,94,18 (18) "Officer in charge" means a member of the naval militia, the navy, the marine corps, or the coast guard as designated by appropriate authority.

AB400,94,20 (19) "Record," when used in connection with the proceedings of a court-martial, means any of the following:

AB400,94,22 (a) An official written transcript, written summary, or other writing relating to the proceedings.

AB400,94,25 (b) An official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced.

AB400,95,2 (20) "Senior force commander" means the commander of the same force of the state military forces as the accused.

AB400,95,5 (21) "Senior force judge advocate" means the senior judge advocate of the commander of the same force of the state military forces as the accused and who is that commander's chief legal advisor.

AB400,95,8 (22) "State active duty" means full-time duty in the state military forces under an order of the governor or otherwise issued by authority of law, and paid by state funds, and includes travel to and from duty.

AB400,95,14 (23) "State military forces" means the Wisconsin army and air national guard, the national guard, as defined in 32 USC 502, 503, or 904, the state defense force, the organized naval militia of the state, and any other military force organized under the Constitution and laws of the state, and does not include the unorganized militia, state guard, or home guard, when not in a status subjecting them to exclusive jurisdiction under 10 USC ch. 47.

AB400,95,16 (24) "Superior commissioned officer" means a commissioned officer superior in rank or command.

AB400,95,20 (25) "Unit 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.

AB400,95,23 322.002 Article 2—Persons subject to this code; jurisdiction. (1) Except as provided in s. 322.003, this code applies only to members of the state military forces at all times.

AB400,96,7 (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.

AB400,96,14 322.003 Article 3—Jurisdiction to try certain personnel. (1) Each person discharged from a state military force who is later charged with having fraudulently obtained a discharge is, subject to s. 322.043, subject to trial by court-martial on that charge and is, after apprehension, subject to this code while in custody under the direction of the state military forces for that trial. Upon conviction of that charge that person is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge.

AB400,96,17 (2) No person who has deserted from a state military force may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.

AB400,96,23 322.005 Article 5—Territorial applicability of the code. (1) This code has applicability in all places, provided that either the person subject to the 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.

AB400,97,3 (2) Military courts may be convened and held in units of a state military force while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.

AB400,97,7 322.006 Article 6—Judge advocates. (1) The senior force judge advocates 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.

AB400,97,11 (2) Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice. The judge advocate of any command is entitled to communicate directly with the judge advocate of a superior or subordinate command, or with the state judge advocate.

AB400,97,14 (3) No person who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness, in any case may later act as a judge advocate to any reviewing authority upon the same case.

AB400,97,16 SUBCHAPTER II APPREHENSION AND RESTRAINT

AB400,97,18 322.007 Article 7—Apprehension. (1) In this section, "apprehension" means the taking of a person into custody.

AB400,97,24 (2) Any person authorized by this code or by the Uniform Code of Military Justice, or by regulations issued under either, to apprehend persons subject to this code, any marshal of a court-martial appointed subject to the provisions of this code, and any peace officer or civil officer having authority to apprehend offenders under the laws of the United States or of a state, may do so upon probable cause that an offense has been committed and that the person apprehended committed it.

AB400,98,3 (3) Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this code and to apprehend persons subject to this code.

AB400,98,6 (4) If an offender is apprehended outside the state, the offender's return to the state must be in accordance with normal extradition procedures or by reciprocal agreement.

AB400,98,11 (5) No person authorized by this section to apprehend persons subject to this code or the place where an offender is confined, restrained, held, or otherwise housed may require payment of any fee or charge for so receiving, apprehending, confining, restraining, holding, or otherwise housing a person except as otherwise provided by law.

AB400,98,12 322.009 Article 9—Imposition of restraint. (1) In this section: