2009 WISCONSIN ACT
179
An Act
to renumber
322.1125 (1);
to renumber and amend
322.001 (4);
to consolidate, renumber and amend
322.094 (1) (intro.) and (a), 322.098 (intro.) (except 322.098 (title)) and (1), 322.121 (intro.) (except 322.121 (title)) and (1), 322.1235 (intro.) (except 322.1235 (title)), (1) and (2), 322.126 (intro.) (except 322.126 (title)) and (1) and 322.128 (intro.) (except 322.128 (title)) and (1);
to amend
20.455 (1) (b), 321.40 (5) (c), 322.001 (8), 322.001 (25), 322.002 (2), 322.005 (title) and (1), 322.006 (1), 322.007 (1), 322.009 (3), 322.015 (3) (intro.), 322.026 (2) (c), 322.026 (3), 322.027 (3) (a), 322.027 (4) (intro.), 322.027 (4) (a) and (b), 322.030 (1) (a) and (b), 322.032 (4), 322.034 (2) (a) and (b), 322.035, 322.037 (1) (intro.), 322.038 (2) (d), 322.038 (2) (f) 2., 322.040, 322.043 (4), 322.047 (1), 322.049 (3) (a), 322.049 (3) (b), 322.049 (3) (c), 322.0505 (4) (intro.), 322.051 (3) (a), (b), (c) and (d), 322.0575 (2) (b) 1., 322.064 (1) (a) 1., 2. and 3., 322.0675, 322.070 (1) and (5), 322.075 (2), 322.083 (1) and (2), 322.085 (1) (a) and (2), 322.094 (1) (b) and (c), 322.098 (2), 322.109, 322.114, 322.121 (2), 322.123 (intro.) and (2), 322.126 (2), 322.128 (2) and (3), 322.132 (1) (intro.) and (2) (intro.), 322.135 (1), 322.137 and 322.143 of the statutes; and
to affect
2007 Wisconsin Act 200
, section
2
and
2007 Wisconsin Act 200
, section
122
;
relating to:
repealing, consolidating, renumbering, amending, and revising various provisions of the statutes for the purpose of correcting errors, supplying omissions, correcting and clarifying references, eliminating defects, anachronisms, conflicts, ambiguities, and obsolete provisions, reconciling conflicts, and repelling unintended repeals (Correction Bill).
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
20.455
(1)
(b)
Special counsel.
A sum sufficient, subject to the procedures established in ss. 5.05 (2m) (c) and 14.11 (2) (c), for the compensation of special counsel appointed as provided in ss. 5.05 (2m) (c)
and
,
14.11 (2)
,
and 321.42.
Note:
Corrects punctuation.
321.40
(5)
(c) No guard member may receive a tuition grant under sub.
(4)
(3)
for any semester in which he or she received a payment under s. 45.20 (2).
Note:
Corrects cross-reference. Tuition grants are provided for under s. 321.40 (3), not (4).
Section
3
.
322.001 (4) of the statutes, as created by
2007 Wisconsin Act 200
, is renumbered 322.001 (24m) and amended to read:
322.001
(24m)
"
Code
This code
" means this chapter.
Note:
"This" is added for clarity. Except in 2 places, "code" is only used in ch. 322, as created by
2007 Wis. Act 200
, in the phrase "this code." Renumbers provision for proper alphabetical placement within list of definitions.
322.001
(8)
"Duty status other than state active duty" means any other type of duty including
Unit Training Assemblies
unit training assemblies
or drills but excludes duty not in federal service and not full-time duty in the active service of the state; under an order issued by authority of law and includes travel to and from duty.
Note:
Makes capitalization consistent with current style.
322.001
(25)
"Unit
Training Assembly
training assembly
" means an assembly for drill and instruction which may consist of a single ordered formation of a company, battery, squadron, or detachment, or, when authorized by the commander, a series of ordered formations of those organizations.
Note:
Makes capitalization consistent with current style.
322.002
(2)
Subject matter jurisdiction is established if a nexus exists between an offense under this code and the state military force. Courts-martial have primary jurisdiction of military offenses
as defined in s. 322.001
. A proper civilian court has primary jurisdiction of a nonmilitary offense when an act or omission violates both this code and local criminal law, foreign or domestic. In this case, a court-martial may be initiated only after the civilian authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by the underlying offense.
Note:
Deletes unnecessary phrase consistent with current style.
Section
7
.
322.005 (title) and (1) of the statutes, as created by
2007 Wisconsin Act 200
, are amended to read:
322.005
(title)
Article 5—Territorial applicability of
the
this
code.
(1)
This code has applicability in all places, provided that either the person subject to
the
this
code is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting the offense and the efficient functioning of the state military forces; however, this grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense.
Note:
Inserts "this" for consistency with the definition in s. 322.001 (24m), as renumbered by this bill.
322.006
(1)
The senior force judge
advocates
advocate
in each of the state's military forces or that judge advocate's delegates shall make frequent inspections in the field in supervision of the administration of military justice in that force.
Note:
Replaces plural with singular for proper sentence agreement.
322.007
(1)
In this section, "
apprehension
apprehend
" means
the taking of
to take
a person into custody.
Note:
"Apprehension" is not contained in s. 322.007; "apprehend" is.
322.009
(3)
A commissioned officer, a warrant officer, or a civilian subject to this code or to trial
there under
thereunder
may be ordered into arrest or confinement only by a commanding officer to whose authority the person is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order persons into arrest or confinement may not be delegated.
Note:
Makes spelling consistent with the remainder of the statutes.
322.015
(3)
(intro.) Any commanding officer of the grade of major or lieutenant commander, or above
,
may impose any of the following upon enlisted members of the officer's command:
Note:
Inserts comma to correct grammar. The change is printed in the 2007-08 statutes.
322.026
(2)
(c)
Certified
Be certified
as qualified for duty as a military judge by 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).
322.026
(3)
In the instance when a military judge is not an attorney licensed to practice in this state, the military judge shall be deemed admitted on motion, subject to filing
a certificate
with the senior force judge advocate of the same force as 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.
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).
322.027
(4)
(intro.) In the instance when a defense counsel is not an attorney licensed to practice in this state, the defense counsel shall be deemed admitted on motion, subject to filing
a certificate
with the military judge setting forth the qualifications that counsel is all of the following:
Note:
The Legislative Council committee file shows that "a certificate" was inadvertently deleted during the drafting process.
Section
16
.
322.027 (4) (a) and (b) of the statutes, as created by
2007 Wisconsin Act 200
, are amended to read:
322.027
(4)
(a)
Commissioned
A commissioned
officer of the armed forces of the United States or a component thereof.
(b)
Member
A member
in good standing of the bar of the highest court of another state.
Note:
Inserts "a" for proper sentence agreement with s. 322.027 (4) (intro.).
Section
17
.
322.030 (1) (a) and (b) of the statutes, as created by
2007 Wisconsin Act 200
, are amended to read:
322.030
(1)
(a)
The
That the
signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications.
(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.).
322.032
(4)
If evidence adduced in an investigation under this section indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if
the accused is afforded
all of the following
apply
:
(a)
Present
The accused is present
at the investigation
;
.
(b)
Informed
The accused is informed
of the nature of each uncharged offense investigated
; and
.
(c)
Afforded
The accused is afforded
the opportunities for representation, cross-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).
Section
19
.
322.034 (2) (a) and (b) of the statutes, as created by
2007 Wisconsin Act 200
, are amended to read:
322.034
(2)
(a)
Expressing
Expresses
conclusions with respect to each matter set forth in sub. (1).
(b)
Recommending
Recommends
action that the convening authority take regarding the specification.
Note:
Inserts the correct word form for proper sentence agreement with s. 322.034 (2) (intro.).
322.035
Article 35—Service of charges.
The trial counsel shall serve or
caused
cause
to be served upon the accused a copy of the charges. No person may, against the person's objection, be brought to trial before a general court-martial case within a period of 5 days after the service of charges upon the accused
,
or
,
in a special court-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.
322.037
(1)
(intro.) No authority convening a general, special, or summary court-martial, nor any other commanding officer, or officer serving on the commanding officer's staff, may censure, reprimand, or admonish the court or any member, the military judge, or counsel, with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or their functions in the conduct of the proceedings. No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or court of inquiry or any member, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to their judicial acts.
The foregoing provisions of the
This
subsection
shall
does
not apply with respect to the any of the following:
Note:
Corrects form of cross-reference. Replaces "shall" consistent with current style.
322.038
(2)
(d)
If the accused is represented by civilian counsel, military counsel detailed or selected under par. (c) shall act as associate counsel unless excused by
the
military judge at the request of the accused.
Note:
Inserts missing article.
322.038
(2)
(f) 2.
If the accused is represented by military counsel of the accused's own selection under par. (c) 2.,
may
approve a request from the accused that military 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.
322.040
Article 40—Continuances.
The military judge of a court-martial or a summary court-martial may, for reasonable cause, grant a continuance to any party 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.
322.043
(4)
When the United States is at war based on a congressional declaration or by presidential declaration under the Global War on Terror, the running of any statute of limitations is suspended until 2 years after the termination of hostilities, as proclaimed by the president or by a joint resolution of congress, and
the suspension
is applicable to any offense under this code under any of the following circumstances:
(a)
Involving
The offense involves
fraud or attempted fraud against the United States, any state, or any agency of either in any manner, whether by conspiracy or not.
(b)
Committed
The offense is committed
in connection with the acquisition, care, handling, custody, control, or disposition of any real or personal property of the United States or any state.
(c)
Committed
The offense is committed
in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war, or with any disposition 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.).
322.047
(1)
Any person not subject to this code may be punished by the military court in the same manner as a court of the state, if all of the following apply
to that person
:
(a)
Has
The person has
been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry, or before any military or civil officer designated to take a deposition to be read in evidence before a court.
(b)
Has
The person has
been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a court of the state.
(c)
Willfully
The person willfully
neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have 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).
322.049
(3)
(a) The witness resides or is beyond the
State
state
in which the court 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.
322.049
(3)
(b) The witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity,
non amenability
nonamenability
to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing.
Note:
Corrects spelling.
322.049
(3)
(c) The present whereabouts of the witness
is
are
unknown.
Note:
Replaces "is" with "are" to correct grammar.
Section
30
.
322.0505 (4) (intro.) of the statutes, as created by
2007 Wisconsin Act 200
, is amended to read:
322.0505
(4)
(intro.)
Sub.
Subsection
(3) does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only or a summary court-martial officer, whenever mental disease or defect of the accused with respect to an offense is properly at issue, the military judge or 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.
Section
31
.
322.051 (3) (a), (b), (c) and (d) of the statutes, as created by
2007 Wisconsin Act 200
, are amended to read:
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.
(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.
(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.
(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).
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.
Section
33
.
322.064 (1) (a) 1., 2. and 3. of the statutes, as created by
2007 Wisconsin Act 200
, are amended to read:
322.064
(1)
(a) 1.
The
Whether the
court had jurisdiction over the accused and the offense.
2.
The
Whether the
charge and specification stated an offense.
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.).
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.
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.
(5)
An accused may be represented by civilian appellate counsel at no expense to the
State
state
.
Note:
Makes capitalization consistent with current style.
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.
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
.
(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.
Section
38
.
322.085 (1) (a) and (2) of the statutes, as created by
2007 Wisconsin Act 200
, are amended to read:
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.
(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.
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:
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.
Section
40
.
322.094 (1) (b) and (c) of the statutes, as created by
2007 Wisconsin Act 200
, are amended to read:
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.
(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.
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:
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.
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.
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.
Note:
Consistent with the underlying draft in the Legislative Council committee file, eliminates unnecessary subsection designation. Section 322.1125 does not have multiple subsections.
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.
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:
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.
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.
Section
48
.
322.123 (intro.) and (2) of the statutes, as created by
2007 Wisconsin Act 200
, are amended to read:
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:
(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.
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:
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
.
(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.
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:
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.
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.
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:
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.
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
.
(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.
Section
54
.
322.132 (1) (intro.) and (2) (intro.) of the statutes, as created by
2007 Wisconsin Act 200
, are amended to read:
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:
(2)
(intro.) For the purpose of defrauding the United States, the state,
or of
any state, or any officer:
Note:
Deletes unnecessary language.
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.
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.
Note:
Inserts "this" for consistency with the definition in s. 322.001 (24m), as renumbered by this bill.
322.143
Article 143—Uniformity of interpretation.
This code shall be so construed as to effectuate its general purpose to make it uniform, so far as practical, with
the
10 USC ch. 47
.
Note:
Deletes unnecessary word.
Section
58
.
2007 Wisconsin Act 200
, section
2
is amended by replacing "Wisconsin national guard or state defense force;" with "Wisconsin national guard
or state defense force
;".
Note:
Text was inserted without being shown as underscored. The change was intended.
Section
59
.
2007 Wisconsin Act 200
, section
122
is amended by replacing "
accoutrements moneys, or stores that
" with "
accoutrements, moneys, or stores, that
".
Note:
Two commas were deleted without showing them as stricken. The change was intended.
