Amendment AA10-SB70

SB70-AA10,133,3 a. Data regarding all reported incidents of sexual assault and sexual harassment made by members of the Wisconsin national guard during that period, including the numbers of restricted and unrestricted reports of sexual assault and reports of sexual harassment, and historical trends relating to that data for the 5 fiscal years preceding the fiscal year covered in the report. For unrestricted reports of sexual assault and for reports of sexual harassment, the report shall also include all of the following information: the type of conduct that was reported to have occurred; the duty status of the members involved at the time of the incident; information on the status of the report, including whether the case was referred for additional investigation; and a summary of any resolution or discipline taken, including whether criminal charges were referred or filed.

SB70-AA10,133,6 b. A summary of any training relating to preventing and responding to incidents of sexual assault and sexual harassment that was provided to members of the Wisconsin national guard in the preceding year.

SB70-AA10,133,10 c. A summary of any current federal national guard bureau policies relating to preventing and responding to incidents of sexual assault and sexual harassment that were enacted during that period and a description of how those policies are being implemented in the Wisconsin national guard.

SB70-AA10,133,13 d. A summary of the current policies and procedures related to preventing and responding to incidents of sexual assault and sexual harassment in the Wisconsin national guard and any changes made since the prior report.

SB70-AA10,133,16 2. The report under subd. 1. shall protect the privacy of victims of sexual assault and sexual harassment and may not provide any personal identifying information that would allow a victim to be identified.

SB70-AA10,237 Section 237. 321.04 (1) (t) of the statutes is created to read:

SB70-AA10,133,21 321.04 (1) (t) Prescribe in writing, make publicly available on the department's website, and implement a policy that ensures that any victim of an offense under the Wisconsin code of military justice is treated with dignity, respect, courtesy, sensitivity, and fairness.

SB70-AA10,238 Section 238. 321.04 (1) (u) of the statutes is created to read:

SB70-AA10,133,24 321.04 (1) (u) Prescribe in writing and make publicly available on the department's website the procedures required under s. 322.036.

SB70-AA10,239 Section 239. 322.001 (15) of the statutes is amended to read:

SB70-AA10,135,2 322.001 (15) “Military offenses" means those offenses prescribed under articles 77, principals; 78, accessory after the fact; 80, attempts; 81, conspiracy; 82, solicitation; 83, fraudulent enlistment, appointment, or separation; 84, unlawful enlistment, appointment, or separation; 85, desertion; 86, absence without leave; 87, missing movement; 88, contempt toward officials; 89, disrespect towards superior commissioned officer; 90, assaulting or willfully disobeying superior commissioned officer; 91, insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer; 92, failure to obey order or regulation; 93, cruelty and maltreatment; 93a, prohibited activities with military recruit or trainee by a person in a position of special trust; 94, mutiny or sedition; 95, resistance, flight, breach of arrest, and escape; 96, releasing prisoner without proper authority; 97, unlawful detention; 98, noncompliance with procedural rules; 99, misbehavior before the enemy; 100, subordinate compelling surrender; 101, improper use of countersign; 102, forcing a safeguard; 103, captured or abandoned property; 104, aiding the enemy; 105, misconduct as prisoner; 107, false official statements; 108, military property — loss, damage, destruction, or wrongful disposition; 109, property other than military property — waste, spoilage, or destruction; 110, improper hazarding of vessel; 111, drunken or reckless operation of a vehicle, aircraft, or vessel; 112, drunk on duty; 112a, wrongful use, or possession of controlled substances; 113, misbehavior of sentinel; 114, dueling; 115, malingering; 116, riot or breach of peace; 117, provoking speeches or gestures; 120, rape and sexual assault generally; 120a, stalking; 120b, rape and sexual assault of a child; 120c, sexual misconduct; 121, larceny and wrongful appropriation; 122, robbery; 123, forgery; 124, maiming; 126, arson; 127, extortion; 128, assault; 129, burglary; 130, housebreaking; 131, perjury; 132, frauds against the government; 132a, retaliation; 133, conduct unbecoming an officer and a gentleman; and; 134, general; and 134h, sexual harassment; of this code.

SB70-AA10,240 Section 240. 322.001 (16) of the statutes is repealed.

SB70-AA10,241 Section 241. 322.036 of the statutes is amended to read:

SB70-AA10,135,13 322.036 Article 36 — Governor may prescribe regulations Pretrial, trial, and post-trial procedures. Pretrial, trial, and post-trial procedures not specified in this code, including modes of proof, for courts-martial cases arising under this code, and for courts of inquiry, may shall be prescribed by the governor by regulations, or as otherwise provided by law, which shall apply the principles of law and the rules of evidence generally recognized in military criminal cases in the courts of the armed forces but which may not be contrary to or inconsistent with this code adjutant general in writing and made publicly available on the department of military affairs' website.

SB70-AA10,242 Section 242. 322.056 (2) of the statutes is amended to read:

SB70-AA10,135,17 322.056 (2) A conviction by a general court-martial of any military offense for which an accused may receive a sentence of confinement for more than 1 year is a felony offense.

SB70-AA10,243 Section 243. 322.056 (5) of the statutes is amended to read:

SB70-AA10,135,22 322.056 (5) The limits of punishment for violations of the punitive sections under Subch. X shall be those under the Uniform Code of Military Justice, unless otherwise prescribed by the governor according to ss. 322.018 to 322.020, but under no instance shall any punishment exceed that authorized by this code.

SB70-AA10,244 Section 244. 322.0935 of the statutes is created to read:

SB70-AA10,135,25 322.0935 Article 93a — Prohibited activities with military recruit or trainee by a person in a position of special trust. (1) In this section:

SB70-AA10,136,3 (a) “Applicant for military service” means a person who, under regulations prescribed by the secretary of the relevant military branch, is an applicant for original enlistment or appointment in the state military forces.

SB70-AA10,136,6 (b) “Military recruiter” means a person who, under regulations prescribed by the secretary of the relevant military branch, has the primary duty to recruit persons for military service.

SB70-AA10,136,9 (c) “Prohibited sexual activity” means any sexual act, as defined in s. 322.120 (1) (e), or any sexual contact, as defined in s. 322.120 (1) (f), or any attempt or solicitation to commit a sexual act or sexual contact.

SB70-AA10,136,11 (d) “Specially protected junior member of the state military forces” means any of the following:

SB70-AA10,136,14 1. A member of the state military forces who is assigned to, or is awaiting assignment to, basic training or other initial active duty for training, including a member who is enlisted under a delayed entry program.

SB70-AA10,136,16 2. A member of the state military forces who is a cadet, candidate, or midshipman, or a student in any other officer qualification program.

SB70-AA10,136,19 3. A member of the state military forces in any program that, by regulation prescribed by the secretary of the relevant military branch, is identified as a training program for initial career qualification.

SB70-AA10,136,25 (e) “Training leadership position” means, with respect to a specially protected junior member of the state military forces, any drill instructor position or other leadership position in a basic training program, an officer candidate school, a reserve officers' training corps unit, a training program for entry into the state military forces, or any program that, by regulation prescribed by the secretary of the relevant military branch, is identified as a training program for initial career qualification.

SB70-AA10,137,4 (2) Any officer, noncommissioned officer, or petty officer who is in a training leadership position and engages in prohibited sexual activity with a specially protected junior member of the state military forces shall be punished as a court-martial may direct.

SB70-AA10,137,8 (3) Any person who is a military recruiter and engages in prohibited sexual activity with an applicant for military service or a specially protected junior member of the state military forces who is enlisted under a delayed entry program shall be punished as a court-martial may direct.

SB70-AA10,137,10 (4) Consent is not a defense for any conduct at issue in a prosecution under this section.

SB70-AA10,245 Section 245. 322.120 (1) (a) of the statutes is repealed.

SB70-AA10,246 Section 246. 322.120 (3) (a) (intro.) of the statutes is amended to read:

SB70-AA10,137,14 322.120 (3) (a) (intro.) Commits a sexual act upon another person without consent by doing any of the following:

SB70-AA10,247 Section 247. 322.120 (3) (b) of the statutes is renumbered 322.120 (3) (b) (intro.) and amended to read:

SB70-AA10,137,18 322.120 (3) (b) (intro.) Commits a sexual act upon another person when under one of the following circumstances:

SB70-AA10,137,20 2. When the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring.

SB70-AA10,248 Section 248. 322.120 (3) (b) 1. of the statutes is created to read:

SB70-AA10,137,22 322.120 (3) (b) 1. Without the consent of the other person.

SB70-AA10,249 Section 249. 322.1325 of the statutes is created to read:

SB70-AA10,137,24 322.1325 Article 132a — Retaliation. (1) In this section:

SB70-AA10,137,25 (a) “Protected communication” means any of the following:

SB70-AA10,138,2 1. A lawful communication to a member of Congress, a member of the Wisconsin legislature, the governor, or an inspector general.

SB70-AA10,138,10 2. A communication to a member of the U.S. department of defense or the U.S. national guard bureau, a law enforcement officer, a state agency, a legislative service agency, a person in the chain of command, or a court-martial proceeding in which a member of the state military forces complains of, or discloses information that the member reasonably believes constitutes evidence of, a violation of a law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

SB70-AA10,138,12 (b) “Unlawful discrimination” means discrimination on the basis of race, color, religion, sex, or national origin.

SB70-AA10,138,17 (2) Any person who, with intent to retaliate against any person for reporting or planning to report a criminal or military offense or for making or planning to make a protected communication, or with intent to discourage any person from reporting a criminal or military offense or making a protected communication, does any of the following shall be punished as a court-martial may direct:

SB70-AA10,138,19 (a) Wrongfully takes or threatens to take an adverse personnel action against any person.

SB70-AA10,138,21 (b) Wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person.

SB70-AA10,250 Section 250. 322.133 of the statutes is amended to read:

SB70-AA10,139,2 322.133 Article 133 — Conduct unbecoming an officer and a gentleman. Any commissioned officer, cadet, candidate, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.

SB70-AA10,251 Section 251. 322.1345 of the statutes is created to read:

SB70-AA10,139,7 322.1345 Article 134h — Sexual harassment. Any person who knowingly makes an unwelcome sexual advance, demand, or request for a sexual favor or knowingly engages in other unwelcome conduct of a sexual nature shall be punished as a court-martial may direct if all of the following apply:

SB70-AA10,139,9 (1) The sexual advance, demand, request, or conduct of a sexual nature satisfies any of the following conditions:

SB70-AA10,139,15 (a) It would, under the circumstances, cause a reasonable person to believe, and at least one person did believe, that submission to or rejection of such an advance, demand, request, or conduct would be made, either explicitly or implicitly, a term or condition of that person's job, pay, career, benefits, or entitlements or would be used as a basis for decisions affecting that person's job, pay, career, benefits, or entitlements.

SB70-AA10,139,18 (b) It was so severe, repetitive, or pervasive that a reasonable person would perceive, and at least one person did perceive, an intimidating, hostile, or offensive working environment.

SB70-AA10,139,21 (2) The sexual advance, demand, request, or conduct of a sexual nature was to the prejudice of good order and discipline in the state military forces or of a nature to bring discredit upon the state military forces, or both.

SB70-AA10,9331 Section 9331. Initial applicability; Military Affairs.

SB70-AA10,140,2 (1) Report on substantive changes to the Uniform Code of Military Justice. The reporting requirement under s. 321.03 (1) (f) 2. first applies to a substantive change to the Uniform Code of Military Justice that is made on or after October 1, 2023.

SB70-AA10,140,6 (2) Reporting of sexual assault and sexual harassment within the Wisconsin national guard. The reporting requirement under s. 321.04 (1) (s) first applies to a reported incident of sexual assault or sexual harassment that is made on or after October 1, 2023.”.

SB70-AA10,140,7 262. Page 374, line 11: after that line insert:

SB70-AA10,140,9 “ Section 1i. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table - See PDF for table

SB70-AA10,2i Section 2i. 20.465 (1) (j) of the statutes is created to read:

SB70-AA10,140,15 20.465 (1) (j) Demolition of abated former drug dwellings. All moneys received as reimbursement from local units of government, as defined in s. 323.02 (15), for the demolition of abated former drug dwellings that have been abated during narcotics investigations, placed into receivership, then left unsold, unmaintained, and unoccupied, to be used for such demolitions.”.

SB70-AA10,140,16 263. Page 374, line 11: after that line insert:

SB70-AA10,140,17 “ Section 252. 45.61 (2) (a) of the statutes is amended to read:

SB70-AA10,141,2 45.61 (2) (a) A person who died while on active duty or who was discharged or released from active duty in the U.S. armed forces under conditions other than dishonorable and who was a resident of this state at the time of his or her entry into active service and his or her dependent child and surviving spouse.

SB70-AA10,253 Section 253. 45.61 (2) (am) of the statutes is repealed.

SB70-AA10,254 Section 254. 45.61 (2) (b) of the statutes is repealed.

SB70-AA10,255 Section 255. 45.61 (2) (c) (intro.) of the statutes is repealed.

SB70-AA10,256 Section 256. 45.61 (2) (c) 1. of the statutes is amended to read:

SB70-AA10,141,9 45.61 (2) (c) 1. Is The spouse or dependent child of a person who is serving on active duty at the time of the spouse's or dependent child's death if the person was a resident of this state at the time of his or her entry or reentry into active service.

SB70-AA10,257 Section 257. 45.61 (2) (c) 2. of the statutes is amended to read:

SB70-AA10,141,13 45.61 (2) (c) 2. Was a resident of this state at the time of his or her entry or reentry into active service and The spouse of a person who was discharged or released from active duty in the U.S. armed forces under honorable conditions.

SB70-AA10,258 Section 258. 45.61 (2) (c) 3. of the statutes is repealed.

SB70-AA10,259 Section 259. 45.61 (2) (d) of the statutes is amended to read:

SB70-AA10,141,21 45.61 (2) (d) A person who was a resident of this state at the time of his or her entry or reentry into service served in any a national guard or a reserve component of the U.S. armed forces or who was a resident of this state for at least 12 consecutive months immediately preceding his or her death, and the person's spouse, surviving spouse, and dependent children, if the person is eligible for burial in a national cemetery under 38 USC 2402.

SB70-AA10,260 Section 260. 45.61 (2) (e) of the statutes is repealed.

SB70-AA10,261 Section 261. 45.61 (3) of the statutes is amended to read:

SB70-AA10,142,2 45.61 (3) Fees and costs. The department may charge a fee for burials under this section and may promulgate rules for the assessment of any fee. The cost of preparing the grave and the erection of a marker for a person described under sub. (2) (a), (b), or (d), or (e) shall be paid from the appropriation under s. 20.485 (1) (gk).

SB70-AA10,262 Section 262. 45.61 (4) (a) of the statutes is amended to read:

SB70-AA10,142,9 45.61 (4) (a) Application for burial shall be made to the department. The surviving spouse of the person described under sub. (2) (a), (b), or (d), or (e), if that person is interred at the Central Wisconsin Veterans Memorial Cemetery, shall have the privilege of selecting a plot next to that person if available. The department shall hold the plot for the surviving spouse for a period of one year from the date of granting the privilege, but may extend the hold, on request, for additional one-year periods.

SB70-AA10,263 Section 263. 45.61 (5) (a) of the statutes is renumbered 45.61 (5) and amended to read:

SB70-AA10,142,19 45.61 (5) Expenses incident to the burial under this section of persons described in sub. (2) (a) and (b) to (e) shall be paid from the estate of the decedent, except that if there is no estate or the estate is insufficient, the expense of burial, or necessary part of the burial, shall be paid from the appropriation accounts under s. 20.485 (4) (g), (m), or (q) or, for members of veterans homes, from the appropriation account under s. 20.485 (1) (gk) for members of veterans homes, and the. The amount expended for those expenses under this subsection shall not exceed the amount established for funeral and burial expenses under s. 49.785 (1) (b).

SB70-AA10,264 Section 264. 45.61 (5) (b) of the statutes is repealed.”.

SB70-AA10,142,21 264. Page 374, line 11: after that line insert:

SB70-AA10,142,22 “ Section 265. 36.27 (2) (b) 5. of the statutes is created to read:

SB70-AA10,143,3 36.27 (2) (b) 5. A person who is a resident of and living in this state at the time of registering at an institution, and who is a veteran as described in s. 45.01 (12) (fm), is entitled to the exemption under par. (a).

SB70-AA10,266 Section 266. 36.27 (3p) (a) 1r. g. of the statutes is created to read:

SB70-AA10,143,5 36.27 (3p) (a) 1r. g. The person meets the criteria described in s. 45.01 (12) (fm).