Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB178 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-0833/1
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 178
5	5	April 20, 2023 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to Committee
6	6	on Veterans and Military Affairs.
7	7	*AUTHORS SUBJECT TO CHANGE*
8	8	AN ACT to create 321.03 (1) (f) and 321.04 (1) (s) of the statutes; relating to:
9	9	annual reporting to the legislature of sexual harassment and assault that
10	10	occurs in the Wisconsin National Guard and of changes to the Uniform Code of
11	11	Military Justice.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill is explained in the NOTES provided by the Joint Legislative Council in
14	14	the bill.
15	15	The people of the state of Wisconsin, represented in senate and assembly, do
16	16	enact as follows:
17	17	JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the Joint
18	18	Legislative Council Study Committee on Wisconsin National Guard Sexual Misconduct
19	19	Procedures. The bill requires the Adjutant General to submit a report, annually, to the
20	20	Governor and the appropriate standing committees of the Legislature on various topics
21	21	related to sexual assault and sexual harassment reported by members of the Wisconsin
22	22	National Guard. The bill also requires the Department of Military Affairs (DMA) to
23	23	submit a report to the appropriate standing committees of the Legislature describing any
24	24	substantive changes to the federal Uniform Code of Military Justice (UCMJ) during the
25	25	prior federal fiscal year.
26	26	Sexual Assault and Sexual Harassment Report
27	27	This bill requires the adjutant general to submit a report to the Governor and
28	28	appropriate standing committees of the Legislature annually on several topics related to
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35	35	sexual assault and sexual harassment reported by members of the Wisconsin National
36	36	Guard. The report must also be made publicly available on DMA's website, and must
37	37	contain the following information.
38	38	First, the report must include data regarding all reported incidents of sexual
39	39	assault and sexual harassment made by members of the Wisconsin National Guard
40	40	during the prior federal fiscal year, including the numbers of restricted and unrestricted
41	41	reports of sexual assault and reports of sexual harassment and historical trends relating
42	42	to that data for the five previous federal fiscal years. For unrestricted reports of sexual
43	43	assault and for reports of sexual harassment, the report must include the type of conduct
44	44	that was reported to have occurred; the duty status of the members involved at the time
45	45	of the incident; information on the status of the report, including whether the case was
46	46	referred for additional discipline; and a summary of any resolution or discipline taken,
47	47	including whether criminal charges were referred or filed. The report must protect the
48	48	privacy of victims of sexual assault and sexual harassment and may not provide any
49	49	personal identifying information that would allow a victim to be identified.
50	50	Second, the report must include a summary of any training provided to members
51	51	of the Wisconsin National Guard in the preceding year related to preventing and
52	52	responding to incidents of sexual assault and sexual harassment.
53	53	Third, the report must include a summary of any current National Guard Bureau
54	54	policies related to preventing and responding to incidents of sexual assault and sexual
55	55	harassment during the previous federal fiscal year, and a description of how those policies
56	56	are being implemented in the Wisconsin National Guard.
57	57	Fourth, the report must include a summary of the current policies and procedures
58	58	related to preventing and responding to incidents of sexual assault and sexual
59	59	harassment in the Wisconsin National Guard and any changes made since the prior
60	60	report.
61	61	The report is due by February 1 of each year. The bill further requires that the
62	62	appropriate standing committees of the Legislature hold a public hearing on the report
63	63	at least annually.
64	64	Report Regarding Changes to UCMJ
65	65	Under current law, members of the Wisconsin National Guard on state status are
66	66	subject to the Wisconsin Code of Military Justice (WCMJ), which codifies offenses that
67	67	may be punished under the code and establishes procedures for enforcing the code. If on
68	68	federal status, National Guard members are subject instead to the UCMJ. Although
69	69	many of the WCMJ's punitive articles parallel those in the UCMJ, the codes differ in
70	70	certain respects and any modifications Congress makes to the UCMJ do not affect the
71	71	WCMJ unless subsequently adopted by the Wisconsin Legislature.
72	72	This bill requires DMA to submit a report to the appropriate standing committees
73	73	of the Legislature annually that summarizes any substantive changes that have been
74	74	made to the UCMJ during the prior fiscal year, compares the changes to the WCMJ's
75	75	punitive articles, and makes recommendations regarding whether those substantive
76	76	changes should be incorporated into the WCMJ. A substantive change is any change that
77	77	modifies the elements of, creates, or repeals a punitive article of the UCMJ.
78	78	The report is due by July 1 of each year. The bill further requires that the
79	79	appropriate standing committees of the Legislature hold a public hearing on the report
80	80	at least annually.
81	81	SECTION 1. 321.03 (1) (f) of the statutes is created to read:
82	82	321.03 (1) (f) 1. In this paragraph, “substantive change” means any change that
83	83	modifies the elements of a punitive article of the Uniform Code of Military Justice,
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91	91	creates a punitive article in the Uniform Code of Military Justice, or repeals a
92	92	punitive article from the Uniform Code of Military Justice.
93	93	2. By July 1 of each year, submit to the appropriate standing committees of the
94	94	legislature in the manner provided under s. 13.172 (3) a report that summarizes any
95	95	substantive changes that have been made to the Uniform Code of Military Justice
96	96	during the prior federal fiscal year, compares those substantive changes to the
97	97	Wisconsin Code of Military Justice, and provides recommendations to the legislature
98	98	regarding whether those substantive changes to the Uniform Code of Military
99	99	Justice should be incorporated into the Wisconsin Code of Military Justice. The
100	100	report shall be the subject of a public hearing, conducted no less often than annually,
101	101	by the appropriate standing committees of the legislature.
102	102	SECTION 2. 321.04 (1) (s) of the statutes is created to read:
103	103	321.04 (1) (s) 1. By February 1 of each year, submit to the governor and to the
104	104	appropriate standing committees of the legislature in the manner provided under s.
105	105	13.172 (3), and publish on the department's website, an annual report on sexual
106	106	assault and sexual harassment within the Wisconsin national guard. The report
107	107	shall be the subject of a public hearing, conducted no less often than annually, by the
108	108	appropriate standing committees of the legislature. The report shall include, at a
109	109	minimum, all of the following information for the prior federal fiscal year:
110	110	a. Data regarding all reported incidents of sexual assault and sexual
111	111	harassment made by members of the Wisconsin national guard during that period,
112	112	including the numbers of restricted and unrestricted reports of sexual assault and
113	113	reports of sexual harassment, and historical trends relating to that data for the 5
114	114	fiscal years preceding the fiscal year covered in the report. For unrestricted reports
115	115	of sexual assault and for reports of sexual harassment, the report shall also include
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142	142	SECTION 2 ASSEMBLY BILL 178
143	143	all of the following information: the type of conduct that was reported to have
144	144	occurred; the duty status of the members involved at the time of the incident;
145	145	information on the status of the report, including whether the case was referred for
146	146	additional investigation; and a summary of any resolution or discipline taken,
147	147	including whether criminal charges were referred or filed.
148	148	b. A summary of any training relating to preventing and responding to
149	149	incidents of sexual assault and sexual harassment that was provided to members of
150	150	the Wisconsin national guard in the preceding year.
151	151	c. A summary of any current federal national guard bureau policies relating to
152	152	preventing and responding to incidents of sexual assault and sexual harassment
153	153	that were enacted during that period and a description of how those policies are being
154	154	implemented in the Wisconsin national guard.
155	155	d. A summary of the current policies and procedures related to preventing and
156	156	responding to incidents of sexual assault and sexual harassment in the Wisconsin
157	157	national guard and any changes made since the prior report.
158	158	2. The report under subd. 1. shall protect the privacy of victims of sexual
159	159	assault and sexual harassment and may not provide any personal identifying
160	160	information that would allow a victim to be identified.
161	161	SECTION 3.0Initial applicability.
162	162	(1) REPORT ON SUBSTANTIVE CHANGES TO THE UNIFORM CODE OF MILITARY JUSTICE.
163	163	The reporting requirement under s. 321.03 (1) (f) 2. first applies to a substantive
164	164	change to the Uniform Code of Military Justice that is made on or after October 1,
165	165	2023.
166	166	(2) REPORTING OF SEXUAL ASSAULT AND SEXUAL HARASSMENT WITHIN THE WISCONSIN
167	167	NATIONAL GUARD. The reporting requirement under s. 321.04 (1) (s) first applies to a
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193	193	LRB-0833/1
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195	195	SECTION 3
196	196	ASSEMBLY BILL 178
197	197	reported incident of sexual assault or sexual harassment that is made on or after
198	198	October 1, 2023.
199	199	(END)
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