LRBs0386/1
JEO:kmg:km
1995 - 1996 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
To 1995 SENATE BILL 437
December 27, 1995 - Offered by
Committee on Judiciary.
SB437-SSA1,1,6
1An Act to renumber and amend 946.68 (1);
to amend 409.404 (1) (d), 943.60
2(1), 946.68 (2) and 946.69 (2) (intro.); and
to create 946.68 (1) (c) of the statutes;
3relating to: criminal slander of title, simulating legal process, falsely
4assuming to act as a public officer, public employe or utility employe, failing to
5file a statement terminating a security interest under a financing statement
6and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB437-SSA1, s. 1
7Section
1. 409.404 (1) (d) of the statutes is amended to read:
SB437-SSA1,1,138
409.404
(1) (d)
Failure to file a termination statement. If the affected secured
9party fails to file a termination statement as required by this subsection, or to send
10such a termination statement within 10 days after receipt of the debtor's written
11demand the secured party is liable to the debtor for
$25 $500, and in addition
is liable 12for any loss caused to the debtor by such failure
and for reasonable attorney fees and
13court costs incurred by the debtor due to such failure.
SB437-SSA1,2,6
1943.60
(1) Any person who submits for filing, docketing or recording any lien,
2claim of lien, lis pendens, writ of attachment
, financing statement or any other
3instrument relating to
a security interest in or title
in to real or personal property,
4knowing and who knows or should have known that the contents or any part of the
5contents
to be of the instrument are false,
a sham or frivolous, is guilty of a Class
6E D felony.
SB437-SSA1, s. 3
7Section
3. 946.68 (1) of the statutes is renumbered 946.68 (1) (a) and amended
8to read:
SB437-SSA1,2,119
946.68
(1) (a)
Whoever Except as provided in pars. (b) and (c), whoever sends
10or delivers to another any document which simulates
a summons, complaint, or court 11legal process
is guilty of a Class E felony.
SB437-SSA1,2,13
12(b) If the document under par. (a) is sent or delivered with intent
thereby to
13induce payment of a claim
, the person is guilty of a Class
B misdemeanor D felony.
SB437-SSA1, s. 4
14Section
4. 946.68 (1) (c) of the statutes is created to read:
SB437-SSA1,2,1615
946.68
(1) (c) If the document under par. (a) simulates any criminal process,
16the person is guilty of a Class D felony.
SB437-SSA1,2,2018
946.68
(2) Proof that
the a document
specified under sub. (1) was mailed or was
19delivered to any person with intent that it be forwarded to the intended recipient is
20sufficient proof of sending.
SB437-SSA1, s. 6
21Section
6. 946.69 (2) (intro.) of the statutes is amended to read:
SB437-SSA1,2,2322
946.69
(2) (intro.) Whoever does any of the following is guilty of a
Class A
23misdemeanor Class E felony:
SB437-SSA1,3,2
1(1) This act first applies to offenses occurring on the effective date of this
2subsection.
