SB 491

Currently, the statutes include the Wisconsin Code of Military Justice, which

provides the procedures, responsibilities, and penalties concerning actions involving

members of the state military forces, generally the members of the Wisconsin Air and

Army National Guard, that may result in a court-martial. This code parallels the

federal code of military justice, which applies to active members of the U.S. armed

forces. These codes establish the members of and methods used in a court-martial,

as well as the types of behavior that may result in being the subject of a

court-martial.

This bill replaces one section of the code currently dealing with rape and carnal

knowledge with four new sections concerning sexual assault of adults and children,

other sexual misconduct, and stalking, to make the Wisconsin code consistent with

changes made in the federal code in 2011. The bill defines what constitutes sexual

assault against an adult and against a child, other sexual misconduct, and stalking,

specifies what defenses are available to a defendant, and provides for punishment

as determined by the members of the court martial.

The bill also allows a commissioned officer of the U.S. armed forces to preside

over a court-martial involving a member of the state military forces. Currently, only

a commissioned officer of a Wisconsin military force may preside over a

court-martial involving a member of the state military forces.

The bill removes the requirement that the commanding officer convene a board

of three commissioned officers to investigate and recommend action regarding a

complaint that a member of a state military force damaged or took another person's

property. Instead, the bill allows the commanding officer to investigate the

complaint and determine the amount, if any, that has to be paid to an injured party.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.