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Conduct Unbecoming an Officer
Article 133 of the WCMJ prohibits any commissioned officer, cadet, candidate, or
midshipman from engaging in conduct unbecoming of an officer and a gentleman. The bill
removes the language referring to “and a gentleman” to parallel a similar modification
to the UCMJ to remove gender-specific language.
Policy on Treatment of Victims
The Wisconsin Constitution and Wisconsin Statutes grant crime victims a variety
of rights, including the right to be treated with dignity, respect, courtesy, sensitivity, and
fairness. For these purposes, “crime victim” is defined, generally, as a person against

whom a crime has been committed. A victim of an offense under the WCMJ may satisfy
this definition of crime victim under some, but not all, circumstances.
The bill requires the Adjutant General to prescribe in writing, publish on the
department's website, and implement a policy that ensures that any victim of an offense
under the WCMJ is treated with dignity, respect, courtesy, sensitivity, and fairness.
SB166,1 1Section 1. 321.04 (1) (s) of the statutes is created to read:
SB166,5,32 321.04 (1) (s) Prescribe in writing and make publicly available on the
3department's website the procedures required under s. 322.036.
SB166,2 4Section 2. 321.04 (1) (t) of the statutes is created to read:
SB166,5,85 321.04 (1) (t) Prescribe in writing, make publicly available on the department's
6website, and implement a policy that ensures that any victim of an offense under the
7Wisconsin code of military justice is treated with dignity, respect, courtesy,
8sensitivity, and fairness.
SB166,3 9Section 3. 322.001 (15) of the statutes is amended to read:
SB166,6,1310 322.001 (15) “Military offenses" means those offenses prescribed under articles
1177, principals; 78, accessory after the fact; 80, attempts; 81, conspiracy; 82,
12solicitation; 83, fraudulent enlistment, appointment, or separation; 84, unlawful
13enlistment, appointment, or separation; 85, desertion; 86, absence without leave; 87,
14missing movement; 88, contempt toward officials; 89, disrespect towards superior
15commissioned officer; 90, assaulting or willfully disobeying superior commissioned
16officer; 91, insubordinate conduct toward warrant officer, noncommissioned officer,
17or petty officer; 92, failure to obey order or regulation; 93, cruelty and maltreatment;
1893a, prohibited activities with military recruit or trainee by a person in a position of
19special trust;
94, mutiny or sedition; 95, resistance, flight, breach of arrest, and
20escape; 96, releasing prisoner without proper authority; 97, unlawful detention; 98,
21noncompliance with procedural rules; 99, misbehavior before the enemy; 100,
22subordinate compelling surrender; 101, improper use of countersign; 102, forcing a

1safeguard; 103, captured or abandoned property; 104, aiding the enemy; 105,
2misconduct as prisoner; 107, false official statements; 108, military property — loss,
3damage, destruction, or wrongful disposition; 109, property other than military
4property — waste, spoilage, or destruction; 110, improper hazarding of vessel; 111,
5drunken or reckless operation of a vehicle, aircraft, or vessel; 112, drunk on duty;
6112a, wrongful use, or possession of controlled substances; 113, misbehavior of
7sentinel; 114, dueling; 115, malingering; 116, riot or breach of peace; 117, provoking
8speeches or gestures; 120, rape and sexual assault generally; 120a, stalking; 120b,
9rape and sexual assault of a child; 120c, sexual misconduct; 121, larceny and
10wrongful appropriation; 122, robbery; 123, forgery; 124, maiming; 126, arson; 127,
11extortion; 128, assault; 129, burglary; 130, housebreaking; 131, perjury;
132, frauds
12against the government; 132a, retaliation; 133, conduct unbecoming an officer and
13a gentleman; and
; 134, general; and 134h, sexual harassment; of this code.
SB166,4 14Section 4. 322.001 (16) of the statutes is repealed.
SB166,5 15Section 5. 322.036 of the statutes is amended to read:
SB166,6,24 16322.036 Article 36 — Governor may prescribe regulations Pretrial,
17trial, and post-trial procedures
. Pretrial, trial, and post-trial procedures not
18specified in this code
, including modes of proof, for courts-martial cases arising
19under this code, and for courts of inquiry, may shall be prescribed by the governor
20by regulations, or as otherwise provided by law, which shall apply the principles of
21law and the rules of evidence generally recognized in military criminal cases in the
22courts of the armed forces but which may not be contrary to or inconsistent with this
23code
adjutant general in writing and made publicly available on the department of
24military affairs' website
.
SB166,6 25Section 6. 322.056 (2) of the statutes is amended to read:
SB166,7,3
1322.056 (2) A conviction by a general court-martial of any military offense for
2which an accused may receive a sentence of confinement for more than 1 year is a
3felony offense.
SB166,7 4Section 7. 322.056 (5) of the statutes is amended to read:
SB166,7,85 322.056 (5) The limits of punishment for violations of the punitive sections
6under Subch. X shall be those under the Uniform Code of Military Justice, unless
7otherwise
prescribed by the governor according to ss. 322.018 to 322.020, but under
8no instance shall any punishment exceed that authorized by this code.
SB166,8 9Section 8. 322.0935 of the statutes is created to read:
SB166,7,11 10322.0935 Article 93a - Prohibited activities with military recruit or
11trainee by a person in a position of special trust.
(1) In this section:
SB166,7,1412 (a) “Applicant for military service” means a person who, under regulations
13prescribed by the secretary of the relevant military branch, is an applicant for
14original enlistment or appointment in the state military forces.
SB166,7,1715 (b) “Military recruiter” means a person who, under regulations prescribed by
16the secretary of the relevant military branch, has the primary duty to recruit persons
17for military service.
SB166,7,2018 (c) “Prohibited sexual activity” means any sexual act, as defined in s. 322.120
19(1) (e), or any sexual contact, as defined in s. 322.120 (1) (f), or any attempt or
20solicitation to commit a sexual act or sexual contact.
SB166,7,2221 (d) “Specially protected junior member of the state military forces” means any
22of the following:
SB166,7,2523 1. A member of the state military forces who is assigned to, or is awaiting
24assignment to, basic training or other initial active duty for training, including a
25member who is enlisted under a delayed entry program.
SB166,8,2
12. A member of the state military forces who is a cadet, candidate, or
2midshipman, or a student in any other officer qualification program.
SB166,8,53 3. A member of the state military forces in any program that, by regulation
4prescribed by the secretary of the relevant military branch, is identified as a training
5program for initial career qualification.
SB166,8,116 (e) “Training leadership position” means, with respect to a specially protected
7junior member of the state military forces, any drill instructor position or other
8leadership position in a basic training program, an officer candidate school, a reserve
9officers' training corps unit, a training program for entry into the state military
10forces, or any program that, by regulation prescribed by the secretary of the relevant
11military branch, is identified as a training program for initial career qualification.
SB166,8,15 12(2) Any officer, noncommissioned officer, or petty officer who is in a training
13leadership position and engages in prohibited sexual activity with a specially
14protected junior member of the state military forces shall be punished as a
15court-martial may direct.
SB166,8,19 16(3) Any person who is a military recruiter and engages in prohibited sexual
17activity with an applicant for military service or a specially protected junior member
18of the state military forces who is enlisted under a delayed entry program shall be
19punished as a court-martial may direct.
SB166,8,21 20(4) Consent is not a defense for any conduct at issue in a prosecution under this
21section.
SB166,9 22Section 9. 322.120 (1) (a) of the statutes is repealed.
SB166,10 23Section 10. 322.120 (3) (a) (intro.) of the statutes is amended to read:
SB166,8,2524 322.120 (3) (a) (intro.) Commits a sexual act upon another person without
25consent
by doing any of the following:
SB166,11
1Section 11. 322.120 (3) (b) of the statutes is renumbered 322.120 (3) (b) (intro.)
2and amended to read:
SB166,9,43 322.120 (3) (b) (intro.) Commits a sexual act upon another person when under
4one of the following circumstances:
SB166,9,6 52. When the person knows or reasonably should know that the other person is
6asleep, unconscious, or otherwise unaware that the sexual act is occurring.
SB166,12 7Section 12. 322.120 (3) (b) 1. of the statutes is created to read:
SB166,9,88 322.120 (3) (b) 1. Without the consent of the other person.
SB166,13 9Section 13. 322.1325 of the statutes is created to read:
SB166,9,10 10322.1325 Article 132a - Retaliation. (1) In this section:
SB166,9,1111 (a) “Protected communication” means any of the following:
SB166,9,1312 1. A lawful communication to a member of Congress, a member of the
13Wisconsin legislature, the governor, or an inspector general.
SB166,9,2114 2. A communication to a member of the U.S. department of defense or the U.S.
15national guard bureau, a law enforcement officer, a state agency, a legislative service
16agency, a person in the chain of command, or a court-martial proceeding in which
17a member of the state military forces complains of, or discloses information that the
18member reasonably believes constitutes evidence of, a violation of a law or
19regulation, including a law or regulation prohibiting sexual harassment or unlawful
20discrimination, or gross mismanagement, a gross waste of funds, an abuse of
21authority, or a substantial and specific danger to public health or safety.
SB166,9,2322 (b) “Unlawful discrimination” means discrimination on the basis of race, color,
23religion, sex, or national origin.
SB166,9,25 24(2) Any person who, with intent to retaliate against any person for reporting
25or planning to report a criminal or military offense or for making or planning to make

1a protected communication, or with intent to discourage any person from reporting
2a criminal or military offense or making a protected communication, does any of the
3following shall be punished as a court-martial may direct:
SB166,10,54 (a) Wrongfully takes or threatens to take an adverse personnel action against
5any person.
SB166,10,76 (b) Wrongfully withholds or threatens to withhold a favorable personnel action
7with respect to any person.
SB166,14 8Section 14. 322.133 of the statutes is amended to read:
SB166,10,12 9322.133 Article 133 — Conduct unbecoming an officer and a gentleman.
10Any commissioned officer, cadet, candidate, or midshipman who is convicted of
11conduct unbecoming an officer and a gentleman shall be punished as a court-martial
12may direct.
SB166,15 13Section 15. 322.1345 of the statutes is created to read:
SB166,10,17 14322.1345 Article 134h - Sexual harassment. Any person who knowingly
15makes an unwelcome sexual advance, demand, or request for a sexual favor or
16knowingly engages in other unwelcome conduct of a sexual nature shall be punished
17as a court-martial may direct if all of the following apply:
SB166,10,19 18(1) The sexual advance, demand, request, or conduct of a sexual nature
19satisfies any of the following conditions:
SB166,10,2520 (a) It would, under the circumstances, cause a reasonable person to believe, and
21at least one person did believe, that submission to or rejection of such an advance,
22demand, request, or conduct would be made, either explicitly or implicitly, a term or
23condition of that person's job, pay, career, benefits, or entitlements or would be used
24as a basis for decisions affecting that person's job, pay, career, benefits, or
25entitlements.
SB166,11,3
1(b) It was so severe, repetitive, or pervasive that a reasonable person would
2perceive, and at least one person did perceive, an intimidating, hostile, or offensive
3working environment.
SB166,11,6 4(2) The sexual advance, demand, request, or conduct of a sexual nature was to
5the prejudice of good order and discipline in the state military forces or of a nature
6to bring discredit upon the state military forces, or both.
SB166,11,77 (End)
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