AB400,87,7
6(8) "Military records" means correspondence, medical records, personnel
7records, and other documents in the custody of the department.
AB400,87,9
8(9) "National guard," unless the context otherwise requires, means both the
9Wisconsin army national guard and the Wisconsin air national guard.
AB400,87,10
10(10) "Political subdivision" means a city, village, town, or county.
AB400,87,13
11(11) "State active duty" means full-time state duty in the national guard, or
12state defense force when activated, under an order of the governor or under an order
13otherwise issued by authority of law, and includes travel to and from that duty.
AB400,87,15
14(12) "Unit" means a formally organized division or subset of the national guard
15or state defense force.
AB400,87,17
16(13) "Wisconsin code of military justice" means the Wisconsin Code of Military
17Justice under ch. 322.
AB400, s. 206
18Section
206. 321.02 (title) of the statutes is created to read:
AB400,87,19
19321.02 (title)
Powers and duties of the governor.
AB400, s. 207
20Section
207. 321.04 (title) and (1) (intro.) of the statutes are created to read:
AB400,87,22
21321.04 (title)
Powers and duties of the adjutant general. (1) (intro.) The
22adjutant general or his or her designee shall do all of the following:
AB400, s. 208
23Section
208. 321.04 (1) (b) of the statutes is created to read:
AB400,87,2524
321.04
(1) (b) Advise the governor on military issues and transmit military
25correspondence to and from the governor.
AB400, s. 209
1Section
209. 321.04 (1) (j) of the statutes is created to read:
AB400,88,22
321.04
(1) (j) Prepare the training of national guard members.
AB400, s. 210
3Section
210. 321.04 (1) (m) of the statutes is created to read:
AB400,88,64
321.04
(1) (m) Prepare and issue all necessary accounting books and forms for
5the national guard. All of the accounting books and forms shall conform as nearly
6as practicable to those in use in the U.S. army or air force.
AB400, s. 211
7Section
211. 321.04 (1) (p) of the statutes is created to read:
AB400,88,88
321.04
(1) (p) Perform the duties under s. 321.51 (2) (e).
AB400, s. 212
9Section
212. 321.04 (2) (intro.) of the statutes is created to read:
AB400,88,1110
321.04
(2) (intro.)
The adjutant general or his or her designee may do any of
11the following:
AB400, s. 213
12Section
213. 321.04 (2) (f) of the statutes is created to read:
AB400,88,1313
321.04
(2) (f) Perform the duties under 321.51 (2) (b).
AB400, s. 214
14Section
214. Subchapter II (title) of chapter 321 [precedes 321.10] of the
15statutes is created to read:
AB400,88,1616
Chapter 321
AB400,88,1817
subchapter II
18
military OFFICERS
AB400, s. 215
19Section
215. 321.10 (1) (e) of the statutes is created to read:
AB400,88,2120
321.10
(1) (e) A joint chief of staff, whose rank may may not exceed major
21general.
AB400, s. 216
22Section
216. Subchapter III (title) of chapter 321 [precedes 321.20] of the
23statutes is created to read:
AB400,88,2424
chapter 321
AB400,89,2
1subchapter III
2
military property
AB400, s. 217
3Section
217. 321.21 (1) of the statutes is created to read:
AB400,89,54
321.21
(1) In this section, "money" means funds in the custody of the
5department.
AB400, s. 218
6Section
218. 321.23 (title) of the statutes is created to read:
AB400,89,7
7321.23 (title)
Facilities and lands.
AB400, s. 219
8Section
219. Subchapter IV (title) of chapter 321 [precedes 321.30] of the
9statutes is created to read:
AB400,89,1010
chapter 321
AB400,89,1311
subchapter iV
12
national guard and
13
state defense force
AB400, s. 220
14Section
220. 321.39 (1) (a) (intro.) of the statutes is created to read:
AB400,89,1615
321.39
(1) (a) (intro.) The governor may order into state active duty members
16of the national guard under the following circumstances:
AB400, s. 221
17Section
221. 321.39 (1) (a) 3. of the statutes is created to read:
AB400,89,1918
321.39
(1) (a) 3. If the governor declares a state of emergency relating to public
19health under s. 166.03 (1) (b).
AB400, s. 222
20Section
222. 321.40 (2) (f) of the statutes is created to read:
AB400,89,2221
321.40
(2) (f) Failing to be an actively drilling guard member upon the date of
22the satisfactory completion of a full-time or part-time course in a qualifying school.
AB400, s. 223
23Section
223. 321.40 (6) (d) of the statutes is created to read:
AB400,90,3
1321.40
(6) (d) No guard member may receive a tuition grant under this section
2unless he or she is a member in good standing in the national guard at the time of
3completion of the course.
AB400, s. 224
4Section
224. 321.51 (2) (b) of the statutes is created to read:
AB400,90,75
321.51
(2) (b) If the state defense force is organized under sub. (1), the adjutant
6general may perform the duties under s. 321.04 (2) (a), (b), (c) and (d) for the state
7defense force.
AB400, s. 225
8Section
225. 321.51 (2) (e) of the statutes is created to read:
AB400,90,119
321.51
(2) (e) If the state defense force is organized under sub. (1), the adjutant
10general shall perform the duties under s. 321.04 (1) (a) to (n) and (q) for the state
11defense force.
AB400, s. 226
12Section
226. Subchapter V (title) of chapter 321 [precedes 321.60] of the
13statutes is created to read:
AB400,90,1414
chapter 321
AB400,90,1615
subchapter V
16
rights of service Members
AB400, s. 227
17Section
227. Chapter 322 of the statutes is created to read:
AB400,90,2018
Chapter 322
19
Wisconsin code of military
20
justice
AB400,90,2221
subchapter I
22
general provisions
AB400,90,24
23322.0001 Criminal code interaction.
(1) Chapters 939, 967 to 973, and 975
24to 979 do not apply to proceedings under this chapter.
AB400,91,3
1(2) A crime under this code is a crime under s. 939.12. A felony under this code
2is a felony under s. 939.22 (12). A misdemeanor under this code is a misdemeanor
3under s. 939.22 (20).
AB400,91,5
4322.001 Article 1—Definitions. In this chapter, unless the context otherwise
5requires:
AB400,91,9
6(1) "Accuser" means a person who signs and swears to charges, any person who
7directs that charges nominally be signed and sworn to by another, and any other
8person who has an interest other than an official interest in the prosecution of the
9accused.
AB400,91,13
10(2) "Cadet," "candidate," or "midshipman" means a person who is enrolled in
11or attending a state military academy, a regional training institute, or any other
12formal education program for the purpose of becoming a commissioned officer in a
13state military force.
AB400,91,14
14(3) "Classified information" means any of the following:
AB400,91,1815
(a) Any information or material that has been determined by an official of the
16United States or any state subject to law, an executive order, or regulation to require
17protection against unauthorized disclosure for reasons of state security or national
18defense or foreign relations of the United States.
AB400,91,1919(b) Any restricted data, as defined in
42 USC 2014 (y).
AB400,91,20
20(4) "Code" means this chapter.
AB400,91,24
21(5) "Commanding officer" includes only commissioned officers of the state
22military forces and shall include officers in charge only when administering
23nonjudicial punishment under s 322.015. The term `commander' has the same
24meaning as `commanding officer' unless the context otherwise requires.
AB400,92,3
1(6) "Convening authority" includes, in addition to the person who convened the
2court, a commissioned officer commanding for the time being or a successor in
3command to the convening authority.
AB400,92,7
4(7) "Day" means calendar day and is not synonymous with the term "unit
5training assembly." Any punishment authorized by this code which is measured in
6terms of days shall, when served in a status other than annual field training, be
7construed to mean succeeding duty days.
AB400,92,11
8(8) "Duty status other than state active duty" means any other type of duty
9including Unit Training Assemblies or drills but excludes duty not in federal service
10and not full-time duty in the active service of the state; under an order issued by
11authority of law and includes travel to and from duty.
AB400,92,15
12(9) "Enemy" includes organized forces of the enemy in time of war, any hostile
13body that U.S. or state forces may be opposing, such as a rebellious mob or band of
14renegades, and includes civilians as well as members of military organizations.
15Enemy is not restricted to the enemy government or its armed forces.
AB400,92,16
16(10) "Enlisted member" means a person in an enlisted grade.
AB400,92,19
17(11) "Forfeiture" means a permanent loss of entitlement to pay or allowances
18and any forfeiture under this code is not a forfeiture for purposes of Article X, Section
192, of the Wisconsin constitution.
AB400,92,23
20(12) "Judge advocate" means a commissioned officer of the organized state
21military forces who is an attorney licensed to practice in this state or a member in
22good standing of the bar of the highest court of another state, and is any of the
23following:
AB400,93,3
1(a) Certified or designated as a judge advocate in the Judge Advocate General's
2Corps of the army, air force, navy, or the marine corps or designated as a law
3specialist as an officer of the coast guard, or a reserve component of one of these.
AB400,93,104
(b) Certified as an non-federally recognized judge advocate, under regulations
5promulgated subject to this provision, by the senior judge advocate of the commander
6of the force in the state military force of which the accused is a member, as competent
7to perform military justice duties required by this code. If there is no judge advocate
8available, then certification may be made by the senior judge advocate of the
9commander of another force in the state military forces, as the convening authority
10directs.
AB400,93,12
11(13) "Military court" means a court of inquiry under s. 322.135 or a
12court-martial.
AB400,93,14
13(14) "Military judge" means an official of a general or special court-martial
14detailed under s. 322.026.
AB400,94,13
15(15) "Military offenses" means those offenses prescribed under articles 77,
16principals; 78, accessory after the fact; 80, attempts; 81, conspiracy; 82, solicitation;
1783, fraudulent enlistment, appointment, or separation; 84, unlawful enlistment,
18appointment, or separation; 85, desertion; 86, absence without leave; 87, missing
19movement; 88, contempt toward officials; 89, disrespect towards superior
20commissioned officer; 90, assaulting or willfully disobeying superior commissioned
21officer; 91, insubordinate conduct toward warrant officer, noncommissioned officer,
22or petty officer; 92, failure to obey order or regulation; 93, cruelty and maltreatment;
2394, mutiny or sedition; 95, resistance, flight, breach of arrest, and escape; 96,
24releasing prisoner without proper authority; 97, unlawful detention; 98,
25noncompliance with procedural rules; 99, misbehavior before the enemy; 100,
1subordinate compelling surrender; 101, improper use of countersign; 102, forcing a
2safeguard; 103, captured or abandoned property; 104, aiding the enemy; 105,
3misconduct as prisoner; 107, false official statements; 108, military property — loss,
4damage, destruction, or wrongful disposition; 109, property other than military
5property — waste, spoilage, or destruction; 110, improper hazarding of vessel; 111,
6drunken or reckless operation of a vehicle, aircraft, or vessel; 112, drunk on duty;
7112a, wrongful use, or possession of controlled substances; 113, misbehavior of
8sentinel; 114, dueling; 115, malingering; 116, riot or breach of peace; 117, provoking
9speeches or gestures; 120, rape or carnal knowledge; 121, larceny and wrongful
10appropriation; 122, robbery; 123, forgery; 124, maiming; 126, arson; 127, extortion;
11128, assault; 129, burglary; 130, housebreaking; 131, perjury; 132, frauds against
12the government; 133, conduct unbecoming an officer and a gentleman; and 134,
13general; of this code.
AB400,94,15
14(16) "Nonmilitary offenses" mean offenses which are in the state's civilian
15penal statute and are not offenses in this code.
AB400,94,16
16(17) "Officer" means a commissioned or warrant officer.
AB400,94,18
17(18) "Officer in charge" means a member of the naval militia, the navy, the
18marine corps, or the coast guard as designated by appropriate authority.
AB400,94,20
19(19) "Record," when used in connection with the proceedings of a
20court-martial, means any of the following:
AB400,94,2221
(a) An official written transcript, written summary, or other writing relating
22to the proceedings.
AB400,94,2523
(b) An official audiotape, videotape, digital image or file, or similar material
24from which sound, or sound and visual images, depicting the proceedings may be
25reproduced.
AB400,95,2
1(20) "Senior force commander" means the commander of the same force of the
2state military forces as the accused.
AB400,95,5
3(21) "Senior force judge advocate" means the senior judge advocate of the
4commander of the same force of the state military forces as the accused and who is
5that commander's chief legal advisor.
AB400,95,8
6(22) "State active duty" means full-time duty in the state military forces under
7an order of the governor or otherwise issued by authority of law, and paid by state
8funds, and includes travel to and from duty.
AB400,95,14
9(23) "State military forces" means the Wisconsin army and air national guard,
10the national guard, as defined in
32 USC 502,
503, or
904, the state defense force, the
11organized naval militia of the state, and any other military force organized under the
12Constitution and laws of the state, and does not include the unorganized militia,
13state guard, or home guard, when not in a status subjecting them to exclusive
14jurisdiction under 10 USC ch. 47.
AB400,95,16
15(24) "Superior commissioned officer" means a commissioned officer superior in
16rank or command.
AB400,95,20
17(25) "Unit Training Assembly" means an assembly for drill and instruction
18which may consist of a single ordered formation of a company, battery, squadron, or
19detachment, or, when authorized by the commander, a series of ordered formations
20of those organizations.