Wisconsin Legislative Council
ACT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Prepared by: Tom Koss, Staff Attorney, and David Moore, Senior Staff Attorney December 13, 2023
2023 Wisconsin Act 48
[2023 Senate Bill 167]
Annual Reporting of Sexual
Harassment and Assault in
Wisconsin National Guard and
Changes to Uniform Code of
Military Justice
2023 Wisconsin Act 48 requires the Adjutant General to submit an annual report to the Governor and
the appropriate standing committees of the Legislature on various topics related to sexual assault and
sexual harassment. The act also requires the Department of Military Affairs (DMA) to submit an annual
report to the appropriate standing committees of the Legislature describing any substantive changes to
the federal Uniform Code of Military Justice (UCMJ) during the prior federal fiscal year.
REPORT REGARDING SEXUAL ASSAULT AND SEXUAL HARASSMENT
The act 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 available on DMA’s website, and must contain certain information.
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.
1
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, including whether the case was referred for additional
discipline.
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 sexual harassment and
may not provide any personal identifying information that would allow a victim to be identified.
1
Under federal Department of Defense regulations, a victim of sexual assault may file a restricted or unrestricted report.
Very generally, a restricted report is a report in which a sexual assault victim may confidentially disclose the assault to
specified individuals and receive certain care without triggering an official investigation, unless the victim consents or
an established exception applies. An unrestricted report is reported to law enforcement and may be used to initiate an
official investigation. - 2 -
Second, the report must include a summary of any training 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 harassment 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 Adjutant General must submit the report by February 1 of each year, beginning with reported
incidents of sexual assault and sexual harassment made on or after October 1, 2023, and publish the
report on DMA’s website. The report must be the subject of a public hearing, conducted at least
annually, by the appropriate standing committees of the Legislature.
REPORT REGARDING SUBSTANTIVE CHANGES TO UCMJ
When members of the Wisconsin National Guard are on state status, they are subject to the Wisconsin
Code of Military Justice (WCMJ). The WCMJ is modeled on the UCMJ, but includes state-specific
procedures and provisions. The UCMJ is regularly modified by Congress, but these changes do not
affect the WCMJ unless subsequently adopted by the Wisconsin Legislature.
The act requires DMA to submit a report to the appropriate standing committees of the Legislature
annually that summarizes 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 incorporated into the WCMJ. A substantive
change is any change that modifies the elements of, creates, or repeals a punitive article of the UCMJ.
DMA must submit the report by July 1 of each year, beginning with substantive changes made on or
after October 1, 2023. The act further requires that the appropriate standing committees of the
Legislature hold a public hearing on the report at least annually.
Effective date: The reporting requirements first apply to reported incidents of sexual assault and
sexual harassment and to substantive changes to the UCMJ made on or after October 1, 2023.
For a full history of the bill, visit the Legislature’s bill history page.
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