AB572, s. 8
1Section 8. 322.006 (1) of the statutes, as created by 2007 Wisconsin Act 200,
2is amended to read:
AB572,4,53 322.006 (1) The senior force judge advocates advocate in each of the state's
4military forces or that judge advocate's delegates shall make frequent inspections in
5the field in supervision of the administration of military justice in that force.
Note: Replaces plural with singular for proper sentence agreement.
AB572, s. 9 6Section 9. 322.007 (1) of the statutes, as created by 2007 Wisconsin Act 200,
7is amended to read:
AB572,4,98 322.007 (1) In this section, "apprehension apprehend" means the taking of to
9take
a person into custody.
Note: "Apprehension" is not contained in s. 322.007; "apprehend" is.
AB572, s. 10 10Section 10. 322.009 (3) of the statutes, as created by 2007 Wisconsin Act 200,
11is amended to read:
AB572,4,1612 322.009 (3) A commissioned officer, a warrant officer, or a civilian subject to
13this code or to trial there under thereunder may be ordered into arrest or
14confinement only by a commanding officer to whose authority the person is subject,
15by an order, oral or written, delivered in person or by another commissioned officer.
16The 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 17Section 11. 322.015 (3) (intro.) of the statutes, as created by 2007 Wisconsin
18Act 200
, is amended to read:
AB572,4,2119 322.015 (3) (intro.) Any commanding officer of the grade of major or lieutenant
20commander, or above, may impose any of the following upon enlisted members of the
21officer's command:
Note: Inserts comma to correct grammar. The change is printed in the 2007-08
statutes.
AB572, s. 12
1Section 12. 322.026 (2) (c) of the statutes, as created by 2007 Wisconsin Act
2200
, is amended to read:
AB572,5,43 322.026 (2) (c) Certified Be certified as qualified for duty as a military judge
4by 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 5Section 13. 322.026 (3) of the statutes, as created by 2007 Wisconsin Act 200,
6is amended to read:
AB572,5,107 322.026 (3) In the instance when a military judge is not an attorney licensed
8to practice in this state, the military judge shall be deemed admitted on motion,
9subject to filing a certificate with the senior force judge advocate of the same force
10as 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 11Section 14. 322.027 (3) (a) of the statutes, as created by 2007 Wisconsin Act
12200
, is amended to read:
AB572,5,1313 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 14Section 15. 322.027 (4) (intro.) of the statutes, as created by 2007 Wisconsin
15Act 200
, is amended to read:
AB572,5,1916 322.027 (4) (intro.) In the instance when a defense counsel is not an attorney
17licensed to practice in this state, the defense counsel shall be deemed admitted on
18motion, subject to filing a certificate with the military judge setting forth the
19qualifications 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
1Section 16. 322.027 (4) (a) and (b) of the statutes, as created by 2007 Wisconsin
2Act 200
, are amended to read:
AB572,6,43 322.027 (4) (a) Commissioned A commissioned officer of the armed forces of the
4United States or a component thereof.
AB572,6,65 (b) Member A member in good standing of the bar of the highest court of another
6state.
Note: Inserts "a" for proper sentence agreement with s. 322.027 (4) (intro.).
AB572, s. 17 7Section 17. 322.030 (1) (a) and (b) of the statutes, as created by 2007 Wisconsin
8Act 200
, are amended to read:
AB572,6,109 322.030 (1) (a) The That the signer has personal knowledge of, or has
10investigated, the matters set forth in the charges and specifications.
AB572,6,1111 (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 12Section 18. 322.032 (4) of the statutes, as created by 2007 Wisconsin Act 200,
13is amended to read:
AB572,6,1714 322.032 (4) If evidence adduced in an investigation under this section indicates
15that the accused committed an uncharged offense, the investigating officer may
16investigate the subject matter of that offense without the accused having first been
17charged with the offense if the accused is afforded all of the following apply:
AB572,6,1818 (a) Present The accused is present at the investigation;.
AB572,6,2019 (b) Informed The accused is informed of the nature of each uncharged offense
20investigated; and.
AB572,6,2221 (c) Afforded The accused is afforded the opportunities for representation,
22cross-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
1Section 19. 322.034 (2) (a) and (b) of the statutes, as created by 2007 Wisconsin
2Act 200
, are amended to read:
AB572,7,43 322.034 (2) (a) Expressing Expresses conclusions with respect to each matter
4set forth in sub. (1).
AB572,7,65 (b) Recommending Recommends action that the convening authority take
6regarding the specification.
Note: Inserts the correct word form for proper sentence agreement with s. 322.034
(2) (intro.).
AB572, s. 20 7Section 20. 322.035 of the statutes, as created by 2007 Wisconsin Act 200, is
8amended to read:
AB572,7,13 9322.035 Article 35—Service of charges. The trial counsel shall serve or
10caused cause to be served upon the accused a copy of the charges. No person may,
11against the person's objection, be brought to trial before a general court-martial case
12within a period of 5 days after the service of charges upon the accused , or, in a special
13court-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 14Section 21. 322.037 (1) (intro.) of the statutes, as created by 2007 Wisconsin
15Act 200
, is amended to read:
AB572,8,416 322.037 (1) (intro.) No authority convening a general, special, or summary
17court-martial, nor any other commanding officer, or officer serving on the
18commanding officer's staff, may censure, reprimand, or admonish the court or any
19member, the military judge, or counsel, with respect to the findings or sentence
20adjudged by the court or with respect to any other exercise of its or their functions
21in the conduct of the proceedings. No person subject to this code may attempt to
22coerce or, by any unauthorized means, influence the action of a court-martial or court

1of inquiry or any member, in reaching the findings or sentence in any case, or the
2action of any convening, approving, or reviewing authority with respect to their
3judicial acts. The foregoing provisions of the This subsection shall does not apply
4with respect to the any of the following:
Note: Corrects form of cross-reference. Replaces "shall" consistent with current
style.
AB572, s. 22 5Section 22. 322.038 (2) (d) of the statutes, as created by 2007 Wisconsin Act
6200
, is amended to read:
AB572,8,97 322.038 (2) (d) If the accused is represented by civilian counsel, military
8counsel detailed or selected under par. (c) shall act as associate counsel unless
9excused by the military judge at the request of the accused.
Note: Inserts missing article.
AB572, s. 23 10Section 23. 322.038 (2) (f) 2. of the statutes, as created by 2007 Wisconsin Act
11200
, is amended to read:
AB572,8,1412 322.038 (2) (f) 2. If the accused is represented by military counsel of the
13accused's own selection under par. (c) 2., may approve a request from the accused that
14military 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 15Section 24. 322.040 of the statutes, as created by 2007 Wisconsin Act 200, is
16amended to read:
AB572,8,19 17322.040 Article 40—Continuances. The military judge of a court-martial
18or a summary court-martial may, for reasonable cause, grant a continuance to any
19party 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
1Section 25. 322.043 (4) of the statutes, as created by 2007 Wisconsin Act 200,
2is amended to read:
AB572,9,83 322.043 (4) When the United States is at war based on a congressional
4declaration or by presidential declaration under the Global War on Terror, the
5running of any statute of limitations is suspended until 2 years after the termination
6of hostilities, as proclaimed by the president or by a joint resolution of congress, and
7the suspension is applicable to any offense under this code under any of the following
8circumstances:
AB572,9,119 (a) Involving The offense involves fraud or attempted fraud against the United
10States, any state, or any agency of either in any manner, whether by conspiracy or
11not.
AB572,9,1412 (b) Committed The offense is committed in connection with the acquisition,
13care, handling, custody, control, or disposition of any real or personal property of the
14United States or any state.
AB572,9,1915 (c) Committed The offense is committed in connection with the negotiation,
16procurement, award, performance, payment, interim financing, cancellation, or
17other termination or settlement, of any contract, subcontract, or purchase order
18which is connected with or related to the prosecution of the war, or with any
19disposition 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 20Section 26. 322.047 (1) of the statutes, as created by 2007 Wisconsin Act 200,
21is amended to read:
AB572,10,3
1322.047 (1) Any person not subject to this code may be punished by the
2military court in the same manner as a court of the state, if all of the following apply
3to that person:
AB572,10,74 (a) Has The person has been duly subpoenaed to appear as a witness or to
5produce books and records before a court-martial or court of inquiry, or before any
6military or civil officer designated to take a deposition to be read in evidence before
7a court.
AB572,10,98 (b) Has The person has been duly paid or tendered the fees and mileage of a
9witness at the rates allowed to witnesses attending a court of the state.
AB572,10,1210 (c) Willfully The person willfully neglects or refuses to appear, or refuses to
11qualify as a witness or to testify or to produce any evidence which that person may
12have 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 13Section 27. 322.049 (3) (a) of the statutes, as created by 2007 Wisconsin Act
14200
, is amended to read:
AB572,10,1615 322.049 (3) (a) The witness resides or is beyond the State state in which the
16court 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 17Section 28. 322.049 (3) (b) of the statutes, as created by 2007 Wisconsin Act
18200
, is amended to read:
AB572,10,2219 322.049 (3) (b) The witness by reason of death, age, sickness, bodily infirmity,
20imprisonment, military necessity, non amenability nonamenability to process, or
21other reasonable cause, is unable or refuses to appear and testify in person at the
22place of trial or hearing.
Note: Corrects spelling.
AB572, s. 29
1Section 29. 322.049 (3) (c) of the statutes, as created by 2007 Wisconsin Act
2200
, is amended to read:
AB572,11,33 322.049 (3) (c) The present whereabouts of the witness is are unknown.
Note: Replaces "is" with "are" to correct grammar.
AB572, s. 30 4Section 30. 322.0505 (4) (intro.) of the statutes, as created by 2007 Wisconsin
5Act 200
, is amended to read:
AB572,11,106 322.0505 (4) (intro.) Sub. Subsection (3) does not apply to a court-martial
7composed of a military judge only. In the case of a court-martial composed of a
8military judge only or a summary court-martial officer, whenever mental disease or
9defect of the accused with respect to an offense is properly at issue, the military judge
10or 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 11Section 31. 322.051 (3) (a), (b), (c) and (d) of the statutes, as created by 2007
12Wisconsin Act 200
, are amended to read:
AB572,11,1413 322.051 (3) (a) The That the accused shall be presumed to be innocent until his
14or her guilt is established by legal and competent evidence beyond reasonable doubt.
AB572,11,1715 (b) The That, in the case being considered, if there is a reasonable doubt as to
16the guilt of the accused, the doubt must be resolved in favor of the accused and the
17accused must be acquitted.
AB572,11,1918 (c) If That, if there is a reasonable doubt as to the degree of guilt, the finding
19shall be in a lower degree as to which there is no reasonable doubt.
AB572,11,2120 (d) The That the burden of proof to establish the guilt of the accused beyond
21reasonable 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
1Section 32. 322.0575 (2) (b) 1. of the statutes, as created by 2007 Wisconsin
2Act 200
, is amended to read:
AB572,12,53 322.0575 (2) (b) 1. While in the custody of a state, the United States, or a foreign
4country, is temporarily returned by that state, the United States, or a foreign country
5to the state military forces for trial by court-martial.
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