AB572: Bill Text

AB572, s. 31 Section 31. 322.051 (3) (a), (b), (c) and (d) of the statutes, as created by 2007 Wisconsin Act 200, are amended to read:

AB572,11,14 322.051 (3) (a) The That the accused shall be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt.

AB572,11,17 (b) The That, in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted.

AB572,11,19 (c) If That, if there is a reasonable doubt as to the degree of guilt, the finding shall be in a lower degree as to which there is no reasonable doubt.

AB572,11,21 (d) The That the burden of proof to establish the guilt of the accused beyond reasonable 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 Section 32. 322.0575 (2) (b) 1. of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,12,5 322.0575 (2) (b) 1. While in the custody of a state, the United States, or a foreign country, is temporarily returned by that state, the United States, or a foreign country to the state military forces for trial by court-martial.

Note: Inserts a comma for consistent sentence structure with s. 322.0575 (2) (b) 2.

AB572, s. 33 Section 33. 322.064 (1) (a) 1., 2. and 3. of the statutes, as created by 2007 Wisconsin Act 200, are amended to read:

AB572,12,9 322.064 (1) (a) 1. The Whether the court had jurisdiction over the accused and the offense.

AB572,12,10 2. The Whether the charge and specification stated an offense.

AB572,12,12 3. The Whether the sentence was within the limits prescribed as a matter of law.

Note: Inserts "whether" for proper sentence agreement with s. 322.064 (1) (a) (intro.).

AB572, s. 34 Section 34. 322.0675 of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,12,19 322.0675 Article 67a—Review by state appellate authority. Decisions of a court-martial are from a court with jurisdiction to issue felony convictions, and appeals are to the Wisconsin court of appeals, District IV and, if necessary, to the Wisconsin Supreme Court. The appellate procedures to be followed shall be those provided under ch. 809.

Note: Inserts comma to correct grammar.

AB572, s. 35 Section 35. 322.070 (1) and (5) of the statutes, as created by 2007 Wisconsin Act 200, are amended to read:

AB572,13,6 322.070 (1) The senior force judge advocate shall detail a judge advocate as appellate Government government counsel to represent the state in the review or appeal of cases specified in s. 322.0675 and before any federal court when requested to do so by the state attorney general. Appellate government counsel shall be an attorney licensed to practice in this state or a member in good standing of the bar of the highest court of the state to which the appeal is taken.

AB572,13,8 (5) An accused may be represented by civilian appellate counsel at no expense to the State state.

Note: Makes capitalization consistent with current style.

AB572, s. 36 Section 36. 322.075 (2) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,13,14 322.075 (2) If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the governor may substitute therefore therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of the accused's enlistment.

Note: Corrects spelling.

AB572, s. 37 Section 37. 322.083 (1) and (2) of the statutes, as created by 2007 Wisconsin Act 200, are amended to read:

AB572,13,20 322.083 (1) Procures his or her own enlistment or appointment in the state military forces by knowingly knowing false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances there under thereunder.

AB572,13,23 (2) Procures his or her own separation from the state military forces by knowingly knowing false representation or deliberate concealment as to his or her eligibility for that separation.

Note: Corrects grammar and makes spelling consistent with the remainder of the statutes.

AB572, s. 38 Section 38. 322.085 (1) (a) and (2) of the statutes, as created by 2007 Wisconsin Act 200, are amended to read:

AB572,14,5 322.085 (1) (a) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away there from therefrom permanently.

AB572,14,9 (2) Any commissioned officer of the state military forces who, after tender of his or her resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away there from therefrom permanently is guilty of desertion.

Note: Makes spelling consistent with the remainder of the statutes.

AB572, s. 39 Section 39. 322.094 (1) (intro.) and (a) of the statutes, as created by 2007 Wisconsin Act 200, are consolidated, renumbered 322.094 (1) (a) and amended to read:

AB572,14,16 322.094 (1) (a) Any person who does any of the following shall be punished as a court-martial may direct: (a) With, with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance is guilty of mutiny.

Note: Consistent with the underlying draft contained in the Legislative Council committee file, eliminates a grammatical conflict between s. 322.094 (1) (intro.) and s. 322.094 (1) (a) by combining the 2 provisions. The language relating to "shall be punished as a court-martial may direct" is repeated in s. 322.094 (2) and does not require recreation. See the next section of this bill.

AB572, s. 40 Section 40. 322.094 (1) (b) and (c) of the statutes, as created by 2007 Wisconsin Act 200, are amended to read:

AB572,15,3 322.094 (1) (b) With Any person who, with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition.

AB572,15,8 (c) Fails Any person who fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which he or she knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

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 Section 41. 322.098 (intro.) (except 322.098 (title)) and (1) of the statutes, as created by 2007 Wisconsin Act 200, are consolidated, renumbered 322.098 (1) and amended to read:

AB572,15,15 322.098 (1) Any person who does any of the following shall be punished as a court-martial may direct: (1) Is is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code 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. 322.098 (intro.) and s. 322.098 (1) by combining the 2 provisions. See the next section of this bill.

AB572, s. 42 Section 42. 322.098 (2) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,15,20 322.098 (2) Knowingly Any person who knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, 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, s. 43 Section 43. 322.109 of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,16,7 322.109 Article 109—Property other than military property — Waste, spoilage, or destruction. Any person who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States, the State state, or of any state, shall be punished as a court-martial may direct.

Note: Makes capitalization consistent with current style.

AB572, s. 44 Section 44. 322.1125 (1) of the statutes, as created by 2007 Wisconsin Act 200, is renumbered 322.1125.

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, s. 45 Section 45. 322.114 of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,16,15 322.114 Article 114—Dueling. Any person who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be 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 Section 46. 322.121 (intro.) (except 322.121 (title)) and (1) of the statutes, as created by 2007 Wisconsin Act 200, are consolidated, renumbered 322.121 (1) and amended to read:

AB572,17,6 322.121 (1) Any person who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or section article of value of any kind if any of the following apply shall be punished as a court-martial may direct: (1) With with intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of any person other than the owner, steals that property and, is guilty of larceny, 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 (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, s. 47 Section 47. 322.121 (2) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,17,14 322.121 (2) With Any person who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind with intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of any person other than the owner, is guilty of wrongful appropriation 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, s. 48 Section 48. 322.123 (intro.) and (2) of the statutes, as created by 2007 Wisconsin Act 200, are amended to read:

AB572,17,19 322.123 Article 123—Forgery. (intro.) Any person who, with intent to defraud who, does any of the following is guilty of forgery and shall be punished as a court-martial may direct:

AB572,18,2 (2) Utters, offers, issues, or transfers a writing, known by him or her to be so made 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 Section 49. 322.1235 (intro.) (except 322.1235 (title)), (1) and (2) of the statutes, as created by 2007 Wisconsin Act 200, are consolidated, renumbered 322.1235 (1) and amended to read:

AB572,18,14 322.1235 (1) Any person who does any of the following shall be punished as a court-martial may direct: (1) Procures , for the procurement of any section article or thing of value, with intent to defraud. (2) Pays; or for the payment of any past due obligation, or for any other purpose, with intent to deceive; makes, draws, utters, or delivers any check, draft, or order for the payment of money upon any bank or other depository, knowing at the time that the maker or drawer has not or will not have sufficient funds in, or credit with, the bank or other depository for the payment of that check, draft, or order in full upon its presentment shall be punished as a court martial may direct.

AB572,18,22 (2) The making, drawing, uttering, or delivering by a maker or drawer of a check, draft, or order, payment of which is refused by the drawee because of insufficient funds of the maker or drawer in the drawee's possession or control, is prima facie evidence of his or her intent to defraud or deceive and of his or her knowledge of insufficient funds in, or credit with, that bank or other depository, unless the maker or drawer pays the holder the amount due within 5 days after receiving notice, orally or in writing, that the check, draft, or order was not paid on presentment.

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 Section 50. 322.126 (intro.) (except 322.126 (title)) and (1) of the statutes, as created by 2007 Wisconsin Act 200, are consolidated, renumbered 322.126 (1) and amended to read:

AB572,19,8 322.126 (1) Any person who does any of the following shall be punished as a court-martial may direct: (1) Willfully willfully and maliciously burns or sets on fire an inhabited dwelling, or any other structure, movable or immovable, in which the offender knows there is at the time a human being, is guilty of aggravated arson 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. 322.126 (intro.) and s. 322.126 (1) by merging the content of the (intro.) into sub. (1). See the next section of this bill.

AB572, s. 51 Section 51. 322.126 (2) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,19,13 322.126 (2) Willfully Any person who willfully and maliciously burns or sets fire to the property of another, except as provided in sub. (1), is guilty of simple arson 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. 322.126 (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 Section 52. 322.128 (intro.) (except 322.128 (title)) and (1) of the statutes, as created by 2007 Wisconsin Act 200, are consolidated, renumbered 322.128 (1) and amended to read:

AB572,20,5 322.128 (1) Any person who does any of the following shall be punished as a court-martial may direct: (1) Attempts attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault 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. 322.128 (intro.) and s. 322.128 (1) by merging the content of the (intro.) into sub. (1). See the next section of this bill.

AB572, s. 53 Section 53. 322.128 (2) and (3) of the statutes, as created by 2007 Wisconsin Act 200, are amended to read:

AB572,20,10 322.128 (2) Commits Any person who commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm is guilty of aggravated assault and shall be punished as a court-martial may direct.

AB572,20,13 (3) Commits Any person who commits an assault and intentionally inflicts grievous bodily harm with or without a weapon is guilty of aggravated assault 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. 322.128 (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, s. 54 Section 54. 322.132 (1) (intro.) and (2) (intro.) of the statutes, as created by 2007 Wisconsin Act 200, are amended to read:

AB572,20,18 322.132 (1) (intro.) For the purpose of obtaining the approval, allowance, or payment of any claim against the United States, the state, or of any state, or any officer:

AB572,20,20 (2) (intro.) For the purpose of defrauding the United States, the state, or of any state, or any officer:

Note: Deletes unnecessary language.

AB572, s. 55 Section 55. 322.135 (1) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,21,5 322.135 (1) Courts of inquiry to investigate any matter of concern to the state military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved has have requested an inquiry.

Note: Inserts "have" to correct grammar.

AB572, s. 56 Section 56. 322.137 of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB572,21,10 322.137 Article 137—Articles to be available. The This code and the manual for courts-martial shall be made available to a member of the state military forces, upon request by the member, for the member's personal examination.