Date of enactment:
2023 Senate Bill 167 Date of publication*:
2023 WISCONSIN ACT
AN ACT to create 321.03 (1) (f) and 321.04 (1) (s) of the statutes; relating to: annual reporting to the legislature
of sexual harassment and assault that occurs in the Wisconsin National Guard and of changes to the Uniform Code
of Military Justice.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill
was prepared for the Joint Legislative Council Study Commit-
tee on Wisconsin National Guard Sexual Misconduct Proce-
dures. The bill requires the Adjutant General to submit a
report, annually, to the Governor and the appropriate standing
committees of the Legislature on various topics related to sex-
ual assault and sexual harassment reported by members of the
Wisconsin National Guard. The bill also requires the Depart-
ment of Military Affairs (DMA) to submit a report to the
appropriate standing committees of the Legislature describ-
ing any substantive changes to the federal Uniform Code of
Military Justice (UCMJ) during the prior federal fiscal year.
Sexual Assault and Sexual Harassment Report
This bill requires the adjutant general to submit a report
to the Governor and appropriate standing committees of the
Legislature annually on several topics related to sexual assault
and sexual harassment reported by members of the Wisconsin
National Guard. The report must also be made publicly avail-
able on DMA’s website, and must contain the following infor-
mation.
First, the report must include data regarding all reported
incidents of sexual assault and sexual harassment made by
members of the Wisconsin National Guard during the prior
federal fiscal year, 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
five previous federal fiscal years. For unrestricted reports of
sexual assault and for reports of sexual harassment, the report
must include 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, includ-
ing whether the case was referred for additional discipline;
and a summary of any resolution or discipline taken, including
whether criminal charges were referred or filed. The report
must protect the privacy of victims of sexual assault and sex-
ual harassment and may not provide any personal identifying
information that would allow a victim to be identified.
Second, the report must include a summary of any train-
ing provided to members of the Wisconsin National Guard in
the preceding year related to preventing and responding to
incidents of sexual assault and sexual harassment.
Third, the report must include a summary of any current
National Guard Bureau policies related to preventing and
responding to incidents of sexual assault and sexual harass-
ment during the previous federal fiscal year, and a description
of how those policies are being implemented in the Wisconsin
National Guard.
Fourth, the report must include 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.
The report is due by February 1 of each year. The bill fur-
ther requires that the appropriate standing committees of the
Legislature hold a public hearing on the report at least annu-
ally.
Report Regarding Changes to UCMJ
Under current law, members of the Wisconsin National
Guard on state status are subject to the Wisconsin Code of Mil-
itary Justice (WCMJ), which codifies offenses that may be
punished under the code and establishes procedures for
enforcing the code. If on federal status, National Guard mem-
bers are subject instead to the UCMJ. Although many of the
WCMJ’s punitive articles parallel those in the UCMJ, the
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 167
codes differ in certain respects and any modifications Con-
gress makes to the UCMJ do not affect the WCMJ unless sub-
sequently adopted by the Wisconsin Legislature.
This bill requires DMA to submit a report to the appropri-
ate standing committees of the Legislature annually that sum-
marizes any substantive changes that have been made to the
UCMJ during the prior fiscal year, compares the changes to
the WCMJ’s punitive articles, and makes recommendations
regarding whether those substantive changes should be incor-
porated into the WCMJ. A substantive change is any change
that modifies the elements of, creates, or repeals a punitive
article of the UCMJ.
The report is due by July 1 of each year. The bill further
requires that the appropriate standing committees of the Leg-
islature hold a public hearing on the report at least annually.
SECTION 1. 321.03 (1) (f) of the statutes is created to
read:
321.03 (1) (f) 1. In this paragraph, “substantive
change” means any change that modifies the elements of
a punitive article of the Uniform Code of Military Justice,
creates a punitive article in the Uniform Code of Military
Justice, or repeals a punitive article from the Uniform
Code of Military Justice.
2. By July 1 of each year, submit to the appropriate
standing committees of the legislature in the manner pro-
vided under s. 13.172 (3) a report that summarizes any
substantive changes that have been made to the Uniform
Code of Military Justice during the prior federal fiscal
year, compares those substantive changes to the Wiscon-
sin Code of Military Justice, and provides recommenda-
tions to the legislature regarding whether those substan-
tive changes to the Uniform Code of Military Justice
should be incorporated into the Wisconsin Code of Mili-
tary Justice. The report shall be the subject of a public
hearing, conducted no less often than annually, by the
appropriate standing committees of the legislature.
SECTION 2. 321.04 (1) (s) of the statutes is created to
read:
321.04 (1) (s) 1. By February 1 of each year, submit
to the governor and to the appropriate standing commit-
tees of the legislature in the manner provided under s.
13.172 (3), and publish on the department’s website, an
annual report on sexual assault and sexual harassment
within the Wisconsin national guard. The report shall be
the subject of a public hearing, conducted no less often
than annually, by the appropriate standing committees of
the legislature. The report shall include, at a minimum,
all of the following information for the prior federal fiscal
year:
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 sex-
ual assault and reports of sexual harassment, and histori-
cal trends relating to that data for the 5 fiscal years pre-
ceding 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.
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 Wiscon-
sin national guard in the preceding year.
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.
d. A summary of the current policies and procedures
related to preventing and responding to incidents of sex-
ual assault and sexual harassment in the Wisconsin
national guard and any changes made since the prior
report.
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.
SECTION 3. 0Initial applicability.
(1) REPORT ON SUBSTANTIVE CHANGES TO THE UNI-
FORM CODE OF MILITARY JUSTICE. The reporting require-
ment under s. 321.03 (1) (f) 2. first applies to a substan-
tive change to the Uniform Code of Military Justice that
is made on or after October 1, 2023.
(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.