SB70-SSA2-SA2,112,20 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-SSA2-SA2,142 Section 142. 322.120 (3) (b) 1. of the statutes is created to read:

SB70-SSA2-SA2,112,22 322.120 (3) (b) 1. Without the consent of the other person.

SB70-SSA2-SA2,143 Section 143. 322.1325 of the statutes is created to read:

SB70-SSA2-SA2,112,24 322.1325 Article 132a — Retaliation. (1) In this section:

SB70-SSA2-SA2,112,25 (a) “Protected communication” means any of the following:

SB70-SSA2-SA2,113,2 1. A lawful communication to a member of Congress, a member of the Wisconsin legislature, the governor, or an inspector general.

SB70-SSA2-SA2,113,10 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-SSA2-SA2,113,12 (b) “Unlawful discrimination” means discrimination on the basis of race, color, religion, sex, or national origin.

SB70-SSA2-SA2,113,17 (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-SSA2-SA2,113,19 (a) Wrongfully takes or threatens to take an adverse personnel action against any person.

SB70-SSA2-SA2,113,21 (b) Wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person.

SB70-SSA2-SA2,144 Section 144. 322.133 of the statutes is amended to read:

SB70-SSA2-SA2,114,2 322.133 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-SSA2-SA2,145 Section 145. 322.1345 of the statutes is created to read:

SB70-SSA2-SA2,114,7 322.1345 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-SSA2-SA2,114,9 (1) The sexual advance, demand, request, or conduct of a sexual nature satisfies any of the following conditions:

SB70-SSA2-SA2,114,15 (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-SSA2-SA2,114,18 (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-SSA2-SA2,114,21 (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-SSA2-SA2,9331 Section 9331. Initial applicability; Military Affairs.

SB70-SSA2-SA2,115,2 (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-SSA2-SA2,115,6 (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-SSA2-SA2,115,7 219. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,115,8 “ Section 146. 20.465 (3) (bm) of the statutes is created to read:

SB70-SSA2-SA2,115,11 20.465 (3) (bm) Statewide public safety interoperable communication system. As a continuing appropriation, the amounts in the schedule to develop and operate a statewide public safety interoperable communication system.”.

SB70-SSA2-SA2,115,12 220. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,115,13 “ Section 147. 256.35 (3s) (a) 2m. of the statutes is created to read:

SB70-SSA2-SA2,115,16 256.35 (3s) (a) 2m. “Emergency services IP network provider” means an entity under contract with the department under par. (b) to create, operate, and maintain an emergency services IP network.