HF 3473

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 03:41pm

A bill for an act
relating to the military; amending provisions related to the National Guard;
modifying the types of data regarding service members that the adjutant general
may request from other agencies; amending Minnesota Statutes 2022, sections
192.25; 192.67.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 192.25, is amended to read:

192.25 EXEMPTION FROM PROCESS new text begin ; TRANSFER TO CIVIL AUTHORITIES new text end .

new text begin Subdivision 1. new text end

new text begin Exemption from process. new text end

No member of the guard shall be arrested, or
served with any summons, order, warrant or other civil process after having been ordered
to any duty or while going to, attending or returning from any place to which the member
is required to go for military duty; but nothing herein shall prevent an arrest by order of a
military officer or for a felony or breach of the peace committed while not in the actual
performance of assigned duties. The articles of equipment personally owned by such members
shall be exempt from seizure or sale for debt.

new text begin Subd. 2 new text end

new text begin Transfer to civil authorities. new text end

new text begin When any criminal offense is committed by any
officer or enlisted member of the military forces while on duty status other than federal
duty, the officer or enlisted member shall be turned over by superior officers to the proper
civil authorities of the county or municipality in which the offense occurred for punishment
for such crime, but such trial and punishment by the civil authorities shall not preclude trial
and additional punishment or dismissal from the service by court-martial for any military
offense resulting from the commission of said crime.
new text end

Sec. 2.

Minnesota Statutes 2022, section 192.67, is amended to read:

192.67 deleted text begin OFFENDERS; TRANSFER TO CIVIL AUTHORITIES; deleted text end SERVICE
MEMBER DATA.

deleted text begin Subdivision 1. deleted text end

deleted text begin Transfer to civil authorities. deleted text end

deleted text begin When any criminal offense is committed
by any officer or enlisted member of the military forces while on duty status other than
federal duty, the officer or enlisted member shall be turned over by superior officers to the
proper civil authorities of the county or municipality in which the offense occurred for
punishment for such crime, but such trial and punishment by the civil authorities shall not
preclude trial and additional punishment or dismissal from the service by court-martial for
any military offense resulting from the commission of said crime.
deleted text end

Subd. 2.

Service member data.

Notwithstanding any provision of chapter 13 or other
state law, all new text begin confidential data, private data, new text end investigative reports and law enforcement data,
including but not limited to all data collected and defined under section 13.82 pertaining to
any service member of the military forces, must be made accessible to the adjutant general
of the Minnesota National Guard upon request of the Office of the State Judge Advocate.
All information, data, and records obtained under this subdivision may be accessed, copied,
transmitted, or provided to the adjutant general without a court order or request from the
subject of the data when the matter involves any officer or enlisted member of the military
forces. deleted text begin The adjutant general may only use data made accessible under this subdivision in
support of military justice and Minnesota National Guard administrative and disciplinary
actions.
deleted text end