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.
179,46
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:
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.
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.
179,49
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:
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.
179,50
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:
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.
179,52
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:
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.
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.
179,58
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.
179,59
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.
