Note: Consistent with the underlying draft in the Legislative Council committee
file, eliminates a grammatical conflict between s. 322.094 (1) (intro.) and s. 322.094 (1)
(b) and (c). See the previous section of this bill.
AB572, s. 41
9Section
41. 322.098 (intro.) (except 322.098 (title)) and (1) of the statutes, as
10created by
2007 Wisconsin Act 200, are consolidated, renumbered 322.098 (1) and
11amended to read:
AB572,15,1512
322.098
(1) Any person who
does any of the following shall be punished as a
13court-martial may direct: (1) Is is responsible for unnecessary delay in the
14disposition of any case of a person accused of an offense under this code
shall be
15punished as a court-martial may direct.
Note: Consistent with the underlying draft contained in the Legislative Council
committee file, eliminates a grammatical conflict between s. 322.098 (intro.) and s.
322.098 (1) by combining the 2 provisions. See the next section of this bill.
AB572,15,2018
322.098
(2) Knowingly Any person who knowingly and intentionally fails to
19enforce or comply with any provision of this code regulating the proceedings before,
20during, or after trial of an accused
shall be punished as a court-martial may direct.
Note: The previous section of this bill eliminates a grammatical conflict between
s. 322.098 (intro.) and s. 322.098 (1) by combining the 2 provisions, requiring that the
penalty provision of s. 322.098 (intro.) also be added to this provision. See the previous
section of this bill.
AB572,16,7
3322.109 Article 109—Property other than military property — Waste,
4spoilage, or destruction. Any person who willfully or recklessly wastes, spoils, or
5otherwise willfully and wrongfully destroys or damages any property other than
6military property of the United States, the
State
state, or of any state, shall be
7punished as a court-martial may direct.
Note: Makes capitalization consistent with current style.
Note: Consistent with the underlying draft in the Legislative Council committee
file, eliminates unnecessary subsection designation. Section 322.1125 does not have
multiple subsections.
AB572,16,15
12322.114 Article 114—Dueling. Any person who fights or promotes, or is
13concerned in or connives at fighting a duel, or who, having knowledge of a challenge
14sent or about to be sent, fails to report the fact promptly to the proper authority
, shall
15be punished as a court-martial may direct.
Note: The Legislative Council committee file shows that text was inadvertently
dropped in the drafting process. Inserts necessary comma.
AB572, s. 46
16Section
46. 322.121 (intro.) (except 322.121 (title)) and (1) of the statutes, as
17created by
2007 Wisconsin Act 200, are consolidated, renumbered 322.121 (1) and
18amended to read:
AB572,17,619
322.121
(1) Any person who wrongfully takes, obtains, or withholds, by any
20means, from the possession of the owner or of any other person any money, personal
1property, or
section article of value of any kind
if any of the following apply shall be
2punished as a court-martial may direct: (1) With with intent permanently to
3deprive or defraud another person of the use and benefit of property or to appropriate
4it to his or her own use or the use of any person other than the owner, steals that
5property
and, is guilty of larceny
, and shall be punished as a court-martial may
6direct.
Note: Consistent with the underlying draft contained in the Legislative Council
committee file, eliminates a grammatical conflict between s. 322.121 (intro.) and s.
322.121 (1) by merging the content of the (intro.) into sub. (1). See the next section of this
bill. The Legislative Council committee file shows that "article" was inadvertently
replaced by "section" during the drafting process.
AB572,17,149
322.121
(2) With Any person who wrongfully takes, obtains, or withholds, by
10any means, from the possession of the owner or of any other person any money,
11personal property, or article of value of any kind with intent temporarily to deprive
12or defraud another person of the use and benefit of property or to appropriate it to
13his or her own use or the use of any person other than the owner, is guilty of wrongful
14appropriation
and shall be punished as a court-martial may direct.
Note: Consistent with the underlying draft contained in the Legislative Council
committee file, eliminates a grammatical conflict between s. 322.121 (intro.) and s.
322.121 (2) by merging the content of the (intro.) into sub. (2). See the previous section
of this bill.
AB572,17,19
17322.123 Article 123—Forgery. (intro.) Any person who, with intent to
18defraud
who, does any of the following
is guilty of forgery and shall be punished as
19a court-martial may direct:
AB572,18,2
1(2) Utters, offers, issues, or transfers a writing, known by him or her to be so
2made or altered
; is guilty of forgery.
Note: Consistent with the underlying draft contained in the Legislative Council
committee file, moves text from s. 322.123 (2) to s. 322.123 (intro.) to correct sentence
structure so that the moved language applies to both s. 322.123 (1) and (2). Deletes
unnecessary "who" and adds necessary comma.
AB572, s. 49
3Section
49. 322.1235 (intro.) (except 322.1235 (title)), (1) and (2) of the
4statutes, as created by
2007 Wisconsin Act 200, are consolidated, renumbered
5322.1235 (1) and amended to read:
AB572,18,146
322.1235
(1) Any person who
does any of the following shall be punished as a
7court-martial may direct: (1) Procures
, for the procurement of any
section article 8or thing of value, with intent to defraud
. (2) Pays; or for the payment of any past
9due obligation
, or for any other purpose, with intent to deceive; makes, draws, utters,
10or delivers any check, draft, or order for the payment of money upon any bank or
11other depository, knowing at the time that the maker or drawer has not or will not
12have sufficient funds in, or credit with, the bank or other depository for the payment
13of that check, draft, or order in full upon its presentment
shall be punished as a court
14martial may direct.
AB572,18,22
15(2) The making, drawing, uttering, or delivering by a maker or drawer of a
16check, draft, or order, payment of which is refused by the drawee because of
17insufficient funds of the maker or drawer in the drawee's possession or control, is
18prima facie evidence of his or her intent to defraud or deceive and of his or her
19knowledge of insufficient funds in, or credit with, that bank or other depository,
20unless the maker or drawer pays the holder the amount due within 5 days after
21receiving notice, orally or in writing, that the check, draft, or order was not paid on
22presentment.
Note: The Legislative Council committee file shows that the clause in s. 322.1235
(1) (b) that begins "makes, draws" and ends "its presentment" was improperly placed
within the provision, as that language is applicable to the offenses enumerated in both
s. 322.1235 (1) and (2). The Legislative Council committee file also shows that "article"
was inadvertently replaced by "section" during the drafting process. The language
renumbered as s. 322.1235 (2) is moved into a separate subsection, as it is not a part of
the offense enumerated in s. 322.1235 (1) (b), as renumbered.
AB572, s. 50
1Section
50. 322.126 (intro.) (except 322.126 (title)) and (1) of the statutes, as
2created by
2007 Wisconsin Act 200, are consolidated, renumbered 322.126 (1) and
3amended to read:
AB572,19,84
322.126
(1) Any person who
does any of the following shall be punished as a
5court-martial may direct: (1) Willfully
willfully and maliciously burns or sets on fire
6an inhabited dwelling, or any other structure, movable or immovable, in which the
7offender knows there is at the time a human being, is guilty of aggravated arson
and
8shall be punished as a court-martial may direct.
Note: Consistent with the underlying draft contained in the Legislative Council
committee file, eliminates a grammatical conflict between s. 322.126 (intro.) and s.
322.126 (1) by merging the content of the (intro.) into sub. (1). See the next section of this
bill.
AB572,19,1311
322.126
(2) Willfully Any person who willfully and maliciously burns or sets
12fire to the property of another, except as provided in sub. (1), is guilty of simple arson
13and shall be punished as a court-martial may direct.
Note: Consistent with the underlying draft contained in the Legislative Council
committee file, eliminates a grammatical conflict between s. 322.126 (intro.) and s.
322.126 (2) by merging the content of the (intro.) into sub. (2). See the previous section
of this bill.
AB572, s. 52
14Section
52. 322.128 (intro.) (except 322.128 (title)) and (1) of the statutes, as
15created by
2007 Wisconsin Act 200, are consolidated, renumbered 322.128 (1) and
16amended to read:
AB572,20,5
1322.128
(1) Any person who
does any of the following shall be punished as a
2court-martial may direct: (1) Attempts
attempts or offers with unlawful force or
3violence to do bodily harm to another person, whether or not the attempt or offer is
4consummated, is guilty of assault
and shall be punished as a court-martial may
5direct.
Note: Consistent with the underlying draft contained in the Legislative Council
committee file, eliminates a grammatical conflict between s. 322.128 (intro.) and s.
322.128 (1) by merging the content of the (intro.) into sub. (1). See the next section of this
bill.
AB572,20,108
322.128
(2) Commits Any person who commits an assault with a dangerous
9weapon or other means or force likely to produce death or grievous bodily harm is
10guilty of aggravated assault
and shall be punished as a court-martial may direct.
AB572,20,13
11(3) Commits Any person who commits an assault and intentionally inflicts
12grievous bodily harm with or without a weapon is guilty of aggravated assault
and
13shall be punished as a court-martial may direct.
Note: Consistent with the underlying draft contained in the Legislative Council
committee file, eliminates a grammatical conflict between s. 322.128 (intro.) and s.
322.128 (2) and (3) by merging into the content of the (intro.) into subs. (2) and (3). See
the previous section of this bill.
AB572,20,1816
322.132
(1) (intro.) For the purpose of obtaining the approval, allowance, or
17payment of any claim against the United States, the state,
or of any state, or any
18officer:
AB572,20,20
19(2) (intro.) For the purpose of defrauding the United States, the state,
or of any
20state, or any officer:
Note: Deletes unnecessary language.
AB572,21,53
322.135
(1) Courts of inquiry to investigate any matter of concern to the state
4military forces may be convened by any person authorized to convene a general
5court-martial, whether or not the persons involved
has
have requested an inquiry.
Note: Inserts "have" to correct grammar.
AB572,21,10
8322.137 Article 137—Articles to be available. The This code and the
9manual for courts-martial shall be made available to a member of the state military
10forces, upon request by the member, for the member's personal examination.
Note: Inserts "this" for consistency with the definition in s. 322.001 (24m), as
renumbered by this bill.
AB572,21,15
13322.143 Article 143—Uniformity of interpretation. This code shall be so
14construed as to effectuate its general purpose to make it uniform, so far as practical,
15with
the 10 USC ch. 47.
Note: Deletes unnecessary word.
AB572, s. 58
16Section
58. 2007 Wisconsin Act 200, section
2 is amended by replacing
17"Wisconsin national guard or state defense force;" with "Wisconsin national guard
18or state defense force;".
Note: Text was inserted without being shown as underscored. The change was
intended.
Note: Two commas were deleted without showing them as stricken. The change
was intended.