SB70,1435,1612 304.063 (2) (a) The victim of the crime committed by the prisoner or, if the
13victim died as a result of the crime, an adult member of the victim's family and any
14member of the victim's family who was younger than 18 years old at the time the
15crime was committed but is now 18 years old or older
or, if the victim is younger than
1618 years old, the victim's parent or legal guardian.
SB70,2705 17Section 2705 . 304.072 (4) of the statutes is amended to read:
SB70,1435,2218 304.072 (4) The sentence of a revoked parolee or person on extended
19supervision resumes running on the day he or she is received at a correctional
20institution subject to sentence credit for the period of custody in a jail, correctional
21institution or any other detention facility pending revocation according to the terms
22of s. 973.155 and subject to earned compliance credit under s. 973.156.
SB70,2706 23Section 2706 . 321.03 (1) (f) of the statutes is created to read:
SB70,1436,224 321.03 (1) (f) 1. In this paragraph, “substantive change” means any change that
25modifies the elements of a punitive article of the Uniform Code of Military Justice,

1creates a punitive article in the Uniform Code of Military Justice, or repeals a
2punitive article from the Uniform Code of Military Justice.
SB70,1436,113 2. By July 1 of each year, submit to the appropriate standing committees of the
4legislature in the manner provided under s. 13.172 (3) a report that summarizes any
5substantive changes that have been made to the Uniform Code of Military Justice
6during the prior federal fiscal year, compares those substantive changes to the
7Wisconsin Code of Military Justice, and provides recommendations to the legislature
8regarding whether those substantive changes to the Uniform Code of Military
9Justice should be incorporated into the Wisconsin Code of Military Justice. The
10report shall be the subject of a public hearing, conducted no less often than annually,
11by the appropriate standing committees of the legislature.
SB70,2707 12Section 2707 . 321.03 (1) (g) of the statutes is created to read:
SB70,1436,1513 321.03 (1) (g) Establish and maintain a case management system that allows
14the national guard to manage and track all case-related information for cases of
15misconduct within the national guard.
SB70,2708 16Section 2708. 321.03 (2) (c) of the statutes is created to read:
SB70,1436,2017 321.03 (2) (c) Provide aerial assistance for incident awareness and assessment,
18drug interdiction and counter-drug activities, search and rescue efforts, or disasters,
19as defined in s. 323.02 (6). The department may seek reimbursement for the cost of
20any assistance provided under this paragraph.
SB70,2709 21Section 2709 . 321.04 (1) (s) of the statutes is created to read:
SB70,1437,322 321.04 (1) (s) 1. By February 1 of each year, submit to the governor and to the
23appropriate standing committees of the legislature in the manner provided under s.
2413.172 (3), and publish on the department's website, an annual report on sexual
25assault and sexual harassment within the Wisconsin national guard. The report

1shall be the subject of a public hearing, conducted no less often than annually, by the
2appropriate standing committees of the legislature. The report shall include, at a
3minimum, all of the following information for the prior federal fiscal year:
SB70,1437,144 a. Data regarding all reported incidents of sexual assault and sexual
5harassment made by members of the Wisconsin national guard during that period,
6including the numbers of restricted and unrestricted reports of sexual assault and
7reports of sexual harassment, and historical trends relating to that data for the 5
8fiscal years preceding the fiscal year covered in the report. For unrestricted reports
9of sexual assault and for reports of sexual harassment, the report shall also include
10all of the following information: the type of conduct that was reported to have
11occurred; the duty status of the members involved at the time of the incident;
12information on the status of the report, including whether the case was referred for
13additional investigation; and a summary of any resolution or discipline taken,
14including whether criminal charges were referred or filed.
SB70,1437,1715 b. A summary of any training relating to preventing and responding to
16incidents of sexual assault and sexual harassment that was provided to members of
17the Wisconsin national guard in the preceding year.
SB70,1437,2118 c. A summary of any current federal national guard bureau policies relating to
19preventing and responding to incidents of sexual assault and sexual harassment
20that were enacted during that period and a description of how those policies are being
21implemented in the Wisconsin national guard.
SB70,1437,2422 d. A summary of the current policies and procedures related to preventing and
23responding to incidents of sexual assault and sexual harassment in the Wisconsin
24national guard and any changes made since the prior report.
SB70,1438,3
12. The report under subd. 1. shall protect the privacy of victims of sexual
2assault and sexual harassment and may not provide any personal identifying
3information that would allow a victim to be identified.
SB70,2710 4Section 2710 . 321.04 (1) (t) of the statutes is created to read:
SB70,1438,85 321.04 (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.
SB70,2711 9Section 2711 . 321.04 (1) (u) of the statutes is created to read:
SB70,1438,1110 321.04 (1) (u) Prescribe in writing and make publicly available on the
11department's website the procedures required under s. 322.036.
SB70,2712 12Section 2712. 321.37 of the statutes is amended to read:
SB70,1438,23 13321.37 No discrimination. No person, otherwise qualified, may be denied
14membership in the national guard or state defense force because of sex, color, race,
15creed, or sexual orientation, gender expression, as defined in s. 111.32 (7j), or gender
16identity, as defined in s. 111.32 (7k),
and no member of the national guard or state
17defense force may be segregated within the national guard or state defense force on
18the basis of sex, color, race, creed, or sexual orientation, gender expression, as defined
19in s. 111.32 (7j), or gender identity, as defined in s. 111.32 (7k)
. Nothing in this section
20prohibits separate facilities for persons of different sexes with regard to dormitory
21accommodations, toilets, showers, saunas, and dressing rooms, except that no person
22may be denied equal access to facilities most consistent with the person's gender
23identity
.
SB70,2713 24Section 2713. 321.52 of the statutes is created to read:
SB70,1439,4
1321.52 Office of homeland security. The office of homeland security shall
2coordinate with the federal department of homeland security and state and local law
3enforcement agencies to identify, investigate, assess, report, and share tips and leads
4linked to emerging homeland security threats.
SB70,2714 5Section 2714 . 322.001 (15) of the statutes is amended to read:
SB70,1440,66 322.001 (15) “Military offenses" means those offenses prescribed under articles
777, principals; 78, accessory after the fact; 80, attempts; 81, conspiracy; 82,
8solicitation; 83, fraudulent enlistment, appointment, or separation; 84, unlawful
9enlistment, appointment, or separation; 85, desertion; 86, absence without leave; 87,
10missing movement; 88, contempt toward officials; 89, disrespect towards superior
11commissioned officer; 90, assaulting or willfully disobeying superior commissioned
12officer; 91, insubordinate conduct toward warrant officer, noncommissioned officer,
13or petty officer; 92, failure to obey order or regulation; 93, cruelty and maltreatment;
1493a, prohibited activities with military recruit or trainee by a person in a position of
15special trust;
94, mutiny or sedition; 95, resistance, flight, breach of arrest, and
16escape; 96, releasing prisoner without proper authority; 97, unlawful detention; 98,
17noncompliance with procedural rules; 99, misbehavior before the enemy; 100,
18subordinate compelling surrender; 101, improper use of countersign; 102, forcing a
19safeguard; 103, captured or abandoned property; 104, aiding the enemy; 105,
20misconduct as prisoner; 107, false official statements; 108, military property — loss,
21damage, destruction, or wrongful disposition; 109, property other than military
22property — waste, spoilage, or destruction; 110, improper hazarding of vessel; 111,
23drunken or reckless operation of a vehicle, aircraft, or vessel; 112, drunk on duty;
24112a, wrongful use, or possession of controlled substances; 113, misbehavior of
25sentinel; 114, dueling; 115, malingering; 116, riot or breach of peace; 117, provoking

1speeches or gestures; 120, rape and sexual assault generally; 120a, stalking; 120b,
2rape and sexual assault of a child; 120c, sexual misconduct; 121, larceny and
3wrongful appropriation; 122, robbery; 123, forgery; 124, maiming; 126, arson; 127,
4extortion; 128, assault; 129, burglary; 130, housebreaking; 131, perjury;
132, frauds
5against the government; 132a, retaliation; 133, conduct unbecoming an officer and
6a gentleman; and
; 134, general; and 134h, sexual harassment; of this code.
SB70,2715 7Section 2715 . 322.001 (16) of the statutes is repealed.
SB70,2716 8Section 2716 . 322.036 of the statutes is amended to read:
SB70,1440,17 9322.036 Article 36 — Governor may prescribe regulations Pretrial,
10trial, and post-trial procedures
. Pretrial, trial, and post-trial procedures not
11specified in this code
, including modes of proof, for courts-martial cases arising
12under this code, and for courts of inquiry, may shall be prescribed by the governor
13by regulations, or as otherwise provided by law, which shall apply the principles of
14law and the rules of evidence generally recognized in military criminal cases in the
15courts of the armed forces but which may not be contrary to or inconsistent with this
16code
adjutant general in writing and made publicly available on the department of
17military affairs' website
.
SB70,2717 18Section 2717 . 322.056 (2) of the statutes is amended to read:
SB70,1440,2119 322.056 (2) A conviction by a general court-martial of any military offense for
20which an accused may receive a sentence of confinement for more than 1 year is a
21felony offense.
SB70,2718 22Section 2718 . 322.056 (5) of the statutes is amended to read:
SB70,1441,223 322.056 (5) The limits of punishment for violations of the punitive sections
24under Subch. X shall be those under the Uniform Code of Military Justice, unless

1otherwise
prescribed by the governor according to ss. 322.018 to 322.020, but under
2no instance shall any punishment exceed that authorized by this code.
SB70,2719 3Section 2719 . 322.0935 of the statutes is created to read:
SB70,1441,5 4322.0935 Article 93a — Prohibited activities with military recruit or
5trainee by a person in a position of special trust.
(1) In this section:
SB70,1441,86 (a) “Applicant for military service” means a person who, under regulations
7prescribed by the secretary of the relevant military branch, is an applicant for
8original enlistment or appointment in the state military forces.
SB70,1441,119 (b) “Military recruiter” means a person who, under regulations prescribed by
10the secretary of the relevant military branch, has the primary duty to recruit persons
11for military service.
SB70,1441,1412 (c) “Prohibited sexual activity” means any sexual act, as defined in s. 322.120
13(1) (e), or any sexual contact, as defined in s. 322.120 (1) (f), or any attempt or
14solicitation to commit a sexual act or sexual contact.
SB70,1441,1615 (d) “Specially protected junior member of the state military forces” means any
16of the following:
SB70,1441,1917 1. A member of the state military forces who is assigned to, or is awaiting
18assignment to, basic training or other initial active duty for training, including a
19member who is enlisted under a delayed entry program.
SB70,1441,2120 2. A member of the state military forces who is a cadet, candidate, or
21midshipman, or a student in any other officer qualification program.
SB70,1441,2422 3. A member of the state military forces in any program that, by regulation
23prescribed by the secretary of the relevant military branch, is identified as a training
24program for initial career qualification.
SB70,1442,6
1(e) “Training leadership position” means, with respect to a specially protected
2junior member of the state military forces, any drill instructor position or other
3leadership position in a basic training program, an officer candidate school, a reserve
4officers' training corps unit, a training program for entry into the state military
5forces, or any program that, by regulation prescribed by the secretary of the relevant
6military branch, is identified as a training program for initial career qualification.
SB70,1442,10 7(2) Any officer, noncommissioned officer, or petty officer who is in a training
8leadership position and engages in prohibited sexual activity with a specially
9protected junior member of the state military forces shall be punished as a
10court-martial may direct.
SB70,1442,14 11(3) Any person who is a military recruiter and engages in prohibited sexual
12activity with an applicant for military service or a specially protected junior member
13of the state military forces who is enlisted under a delayed entry program shall be
14punished as a court-martial may direct.
SB70,1442,16 15(4) Consent is not a defense for any conduct at issue in a prosecution under this
16section.
SB70,2720 17Section 2720 . 322.120 (1) (a) of the statutes is repealed.
SB70,2721 18Section 2721 . 322.120 (3) (a) (intro.) of the statutes is amended to read:
SB70,1442,2019 322.120 (3) (a) (intro.) Commits a sexual act upon another person without
20consent
by doing any of the following:
SB70,2722 21Section 2722 . 322.120 (3) (b) of the statutes is renumbered 322.120 (3) (b)
22(intro.) and amended to read:
SB70,1442,2423 322.120 (3) (b) (intro.) Commits a sexual act upon another person when under
24one of the following circumstances:
SB70,1443,2
12. When the person knows or reasonably should know that the other person is
2asleep, unconscious, or otherwise unaware that the sexual act is occurring.
SB70,2723 3Section 2723 . 322.120 (3) (b) 1. of the statutes is created to read:
SB70,1443,44 322.120 (3) (b) 1. Without the consent of the other person.
SB70,2724 5Section 2724 . 322.1325 of the statutes is created to read:
SB70,1443,6 6322.1325 Article 132a — Retaliation. (1) In this section:
SB70,1443,77 (a) “Protected communication” means any of the following:
SB70,1443,98 1. A lawful communication to a member of Congress, a member of the
9Wisconsin legislature, the governor, or an inspector general.
SB70,1443,1710 2. A communication to a member of the U.S. department of defense or the U.S.
11national guard bureau, a law enforcement officer, a state agency, a legislative service
12agency, a person in the chain of command, or a court-martial proceeding in which
13a member of the state military forces complains of, or discloses information that the
14member reasonably believes constitutes evidence of, a violation of a law or
15regulation, including a law or regulation prohibiting sexual harassment or unlawful
16discrimination, or gross mismanagement, a gross waste of funds, an abuse of
17authority, or a substantial and specific danger to public health or safety.
SB70,1443,1918 (b) “Unlawful discrimination” means discrimination on the basis of race, color,
19religion, sex, or national origin.
SB70,1443,24 20(2) Any person who, with intent to retaliate against any person for reporting
21or planning to report a criminal or military offense or for making or planning to make
22a protected communication, or with intent to discourage any person from reporting
23a criminal or military offense or making a protected communication, does any of the
24following shall be punished as a court-martial may direct:
SB70,1444,2
1(a) Wrongfully takes or threatens to take an adverse personnel action against
2any person.
SB70,1444,43 (b) Wrongfully withholds or threatens to withhold a favorable personnel action
4with respect to any person.
SB70,2725 5Section 2725 . 322.133 of the statutes is amended to read:
SB70,1444,9 6322.133 Article 133 — Conduct unbecoming an officer and a gentleman.
7Any commissioned officer, cadet, candidate, or midshipman who is convicted of
8conduct unbecoming an officer and a gentleman shall be punished as a court-martial
9may direct.
SB70,2726 10Section 2726 . 322.1345 of the statutes is created to read:
SB70,1444,14 11322.1345 Article 134h — Sexual harassment. Any person who knowingly
12makes an unwelcome sexual advance, demand, or request for a sexual favor or
13knowingly engages in other unwelcome conduct of a sexual nature shall be punished
14as a court-martial may direct if all of the following apply:
SB70,1444,16 15(1) The sexual advance, demand, request, or conduct of a sexual nature
16satisfies any of the following conditions:
SB70,1444,2217 (a) It would, under the circumstances, cause a reasonable person to believe, and
18at least one person did believe, that submission to or rejection of such an advance,
19demand, request, or conduct would be made, either explicitly or implicitly, a term or
20condition of that person's job, pay, career, benefits, or entitlements or would be used
21as a basis for decisions affecting that person's job, pay, career, benefits, or
22entitlements.
SB70,1444,2523 (b) It was so severe, repetitive, or pervasive that a reasonable person would
24perceive, and at least one person did perceive, an intimidating, hostile, or offensive
25working environment.
SB70,1445,3
1(2) The sexual advance, demand, request, or conduct of a sexual nature was to
2the prejudice of good order and discipline in the state military forces or of a nature
3to bring discredit upon the state military forces, or both.
SB70,2727 4Section 2727. 323.19 (3) and (4) of the statutes are repealed.
SB70,2728 5Section 2728. 341.085 (1) of the statutes is amended to read:
SB70,1445,96 341.085 (1) The department shall inspect all ambulances prior to issuing an
7original or renewal registration to determine that the vehicles meet requirements
8specified by law or administrative rule as to specifications, medical equipment,
9supplies, and sanitation.
SB70,2729 10Section 2729. 341.085 (1m) of the statutes is created to read:
SB70,1445,1411 341.085 (1m) Prior to the department issuing an original or renewal
12registration for an ambulance under sub. (1), the department of health services shall
13inspect the ambulance to determine whether the vehicle meets requirements
14specified by law or administrative rule as to medical equipment.
SB70,2730 15Section 2730. 341.085 (2) of the statutes is amended to read:
SB70,1445,2116 341.085 (2) The department may adopt rules necessary for administration of
17this section and prescribe ambulance service equipment and standards therefor,
18except that any ambulance which does not conform to rules adopted by the
19department may be used until December 30, 1979. The department of health
20services may adopt rules necessary to administer sub. (1m) and establish ambulance
21medical equipment standards.
SB70,2731 22Section 2731. 341.13 (5) of the statutes is created to read:
SB70,1446,223 341.13 (5) A hybrid electric vehicle, as defined under s. 341.25 (1) (L) 1. b., or
24a nonhybrid electric vehicle, as defined under s. 341.25 (1) (L) 1. c., shall bear decals

1issued by the department to indicate that the vehicle is an electric vehicle. The decals
2shall be displayed as provided in s. 341.15 (1m) (c).
SB70,2732 3Section 2732 . 341.14 (1a), (1e) (a), (1m) and (1q) of the statutes are amended
4to read:
SB70,1446,235 341.14 (1a) If any resident of this state, who is registering or has registered an
6automobile, or a motor truck, dual purpose motor home or dual purpose farm truck
7which has a gross weight of not more than 8,000 pounds, a farm truck which has a
8gross weight of not more than 12,000 pounds or a motor home, submits a statement
9once every 4 years, as determined by the department, from a physician licensed to
10practice medicine in any state, from an advanced practice registered nurse licensed
11to practice nursing in any state, from a public health nurse certified or licensed to
12practice in any state, from a physician assistant licensed or certified to practice in
13any state, from a podiatrist licensed to practice in any state, from a chiropractor
14licensed to practice chiropractic in any state, or from a Christian Science practitioner
15residing in this state and listed in the Christian Science journal certifying to the
16department that the resident is a person with a disability that limits or impairs the
17ability to walk, the department shall procure, issue and deliver to the disabled
18person plates of a special design in lieu of plates which ordinarily would be issued
19for the vehicle, and shall renew the plates. The plates shall be so designed as to
20readily apprise law enforcement officers of the fact that the vehicle is owned by a
21nonveteran disabled person and is entitled to the parking privileges specified in s.
22346.50 (2a). No charge in addition to the registration fee shall be made for the
23issuance or renewal of such plates.
SB70,1447,18 24(1e) (a) If any resident of this state, who is registering or has registered a
25motorcycle, submits a statement once every 4 years, as determined by the

1department, from a physician licensed to practice medicine in any state, from an
2advanced practice registered nurse licensed to practice nursing in any state, from a
3public health nurse certified or licensed to practice in any state, from a physician
4assistant licensed or certified to practice in any state, from a podiatrist licensed to
5practice in any state, from a chiropractor licensed to practice chiropractic in any
6state, from a Christian Science practitioner residing in this state and listed in the
7Christian Science journal, or from the U.S. department of veterans affairs certifying
8to the department that the resident is a person with a disability that limits or impairs
9the ability to walk, the department shall procure, issue and deliver to the disabled
10person a plate of a special design in lieu of the plate which ordinarily would be issued
11for the motorcycle, and shall renew the plate. The statement shall state whether the
12disability is permanent or temporary and, if temporary, the opinion of the physician,
13advanced practice registered nurse, public health nurse, physician assistant,
14podiatrist, chiropractor, practitioner, or U.S. department of veterans affairs as to the
15duration of the disability. The plate shall be so designed as to readily apprise law
16enforcement officers of the fact that the motorcycle is owned by a disabled person and
17is entitled to the parking privileges specified in s. 346.50 (2a). No charge in addition
18to the registration fee may be made for the issuance or renewal of the plate.
SB70,1448,13 19(1m) If any licensed driver submits to the department a statement once every
204 years, as determined by the department, from a physician licensed to practice
21medicine in any state, from a public health nurse certified or licensed to practice in
22any state, from an advanced practice registered nurse licensed to practice nursing
23in any state, from a physician assistant licensed or certified to practice in any state,
24from a podiatrist licensed to practice in any state, from a chiropractor licensed to
25practice chiropractic in any state, or from a Christian Science practitioner residing

1in this state and listed in the Christian Science journal certifying that another
2person who is regularly dependent on the licensed driver for transportation is a
3person with a disability that limits or impairs the ability to walk, the department
4shall issue and deliver to the licensed driver plates of a special design in lieu of the
5plates which ordinarily would be issued for the automobile or motor truck, dual
6purpose motor home or dual purpose farm truck having a gross weight of not more
7than 8,000 pounds, farm truck having a gross weight of not more than 12,000 pounds
8or motor home, and shall renew the plates. The plates shall be so designed as to
9readily apprise law enforcement officers of the fact that the vehicle is operated by a
10licensed driver on whom a disabled person is regularly dependent and is entitled to
11the parking privileges specified in s. 346.50 (2a). No charge in addition to the
12registration fee may be made for the issuance or renewal of the plates. The plates
13shall conform to the plates required in sub. (1a).
SB70,1449,7 14(1q) If any employer who provides an automobile, or a motor truck, dual
15purpose motor home or dual purpose farm truck which has a gross weight of not more
16than 8,000 pounds, a farm truck which has a gross weight of not more than 12,000
17pounds or a motor home, for an employee's use submits to the department a
18statement once every 4 years, as determined by the department, from a physician
19licensed to practice medicine in any state, from an advanced practice registered
20nurse licensed to practice nursing in any state, from a public health nurse certified
21or licensed to practice in any state, from a physician assistant licensed or certified
22to practice in any state, from a podiatrist licensed to practice in any state, from a
23chiropractor licensed to practice chiropractic in any state, or from a Christian
24Science practitioner residing in this state and listed in the Christian Science journal
25certifying that the employee is a person with a disability that limits or impairs the

1ability to walk, the department shall issue and deliver to such employer plates of a
2special design in lieu of the plates which ordinarily would be issued for the vehicle,
3and shall renew the plates. The plates shall be so designed as to readily apprise law
4enforcement officers of the fact that the vehicle is operated by a disabled person and
5is entitled to the parking privileges specified in s. 346.50 (2a). No charge in addition
6to the registration fee may be made for the issuance or renewal of the plates. The
7plates shall conform to the plates required in sub. (1a).
SB70,2733 8Section 2733 . 341.14 (6r) (f) 60. of the statutes is amended to read:
SB70,1449,119 341.14 (6r) (f) 60. Persons interested in expressing their support of a major
10league
professional baseball team that uses as its home field baseball park facilities
11that are constructed under subch. III of ch. 229.
SB70,2734 12Section 2734. 341.15 (1m) (a) of the statutes is amended to read:
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