HF 752

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/09/2021 12:35pm

A bill for an act
relating to state government; establishing a budget for military and veterans affairs;
making policy and technical changes to various military and veterans affairs
provisions including provisions related to the adjutant general, housing, veterans
benefits, and veterans services; allowing deferred prosecutions for former and
current military members in certain circumstances; classifying data; making changes
to the military code; modifying certain requirements and qualifications; making
jurisdictional and appellate changes; providing punishable offenses under the
military code; providing penalties; appropriating money; amending Minnesota
Statutes 2020, sections 10.578; 15.057; 190.07; 192.67; 192A.02, subdivision 2;
192A.021; 192A.111; 192A.15, subdivisions 1, 2; 192A.155, subdivision 2;
192A.20; 192A.235, subdivision 3; 192A.343, subdivision 3; 192A.353, subdivision
2; 192A.371; 192A.384; 192A.56; 192A.612; 192A.62; 197.791, subdivisions 4,
5, 5a, 5b; 198.006; 198.03, subdivision 2; 606.06; proposing coding for new law
in Minnesota Statutes, chapters 192A; 196; 609; repealing Minnesota Statutes
2020, section 192A.385.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin STATE GOVERNMENT APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2022" and "2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively.
"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium"
is fiscal years 2022 and 2023.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2022 new text end		new text begin 2023 new text end

Sec. 2. new text begin MILITARY AFFAIRS
new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 24,393,000 new text end

new text begin $ new text end

new text begin 24,589,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Maintenance of Training Facilities new text end

new text begin 9,772,000 new text end

new text begin 9,842,000 new text end

new text begin Subd. 3. new text end new text begin General Support new text end

new text begin 3,507,000 new text end

new text begin 3,633,000 new text end

new text begin Subd. 4. new text end new text begin Enlistment Incentives new text end

new text begin 11,114,000 new text end

new text begin 11,114,000 new text end

new text begin The appropriations in this subdivision are
available until June 30, 2025, except that any
unspent amounts allocated to a program
otherwise supported by this appropriation are
canceled to the general fund upon receipt of
federal funds in the same amount to support
administration of that program.
new text end

new text begin If the amount for fiscal year 2022 is
insufficient, the amount for 2023 is available
in fiscal year 2022. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end

Sec. 3. new text begin VETERANS AFFAIRS
new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 84,168,000 new text end

new text begin $ new text end

new text begin 84,364,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Veterans Programs and Services new text end

new text begin 22,048,000 new text end

new text begin 21,678,000 new text end

new text begin (a) CORE Program. $750,000 each year is
for the Counseling and Case Management
Outreach Referral and Education (CORE)
program.
new text end

new text begin (b) Veterans Service Organizations.
$500,000 each year is for grants to the
following congressionally chartered veterans
service organizations as designated by the
commissioner: Disabled American Veterans,
Military Order of the Purple Heart, the
American Legion, Veterans of Foreign Wars,
Vietnam Veterans of America, AMVETS, and
Paralyzed Veterans of America. This funding
must be allocated in direct proportion to the
funding currently being provided by the
commissioner to these organizations.
new text end

new text begin (c) Minnesota Assistance Council for
Veterans. $750,000 each year is for a grant
to the Minnesota Assistance Council for
Veterans to provide assistance throughout
Minnesota to veterans and their families who
are homeless or in danger of homelessness,
including assistance with the following:
new text end

new text begin (1) utilities;
new text end

new text begin (2) employment; and
new text end

new text begin (3) legal issues.
new text end

new text begin The assistance authorized under this paragraph
must be made only to veterans who have
resided in Minnesota for 30 days prior to
application for assistance and according to
other guidelines established by the
commissioner. In order to avoid duplication
of services, the commissioner must ensure that
this assistance is coordinated with all other
available programs for veterans.
new text end

new text begin (d) State's Veterans Cemeteries. $1,672,000
each year is for the state's veterans cemeteries.
new text end

new text begin (e) Honor Guards. $200,000 each year is for
compensation for honor guards at the funerals
of veterans under Minnesota Statutes, section
197.231.
new text end

new text begin (f) Minnesota GI Bill. $200,000 each year is
for the costs of administering the Minnesota
GI Bill postsecondary educational benefits,
on-the-job training, and apprenticeship
program under Minnesota Statutes, section
197.791.
new text end

new text begin (g) Gold Star Program. $100,000 each year
is for administering the Gold Star Program for
surviving family members of deceased
veterans.
new text end

new text begin (h) County Veterans Service Office.
$1,100,000 each year is for funding the
County Veterans Service Office grant program
under Minnesota Statutes, section 197.608.
new text end

new text begin (i) Veteran Homelessness Initiative.
$3,018,000 each year is for an initiative to
prevent and end veteran homelessness. The
commissioner of veterans affairs may provide
housing vouchers and other services to
alleviate homelessness among veterans and
former service members in Minnesota. The
commissioner may contract for program
administration and may establish a vacancy
reserve fund. The base for this appropriation
is $1,311,000 in fiscal year 2024 and
$1,311,000 in fiscal year 2025.
new text end

new text begin (j) Independent Lifestyles. $75,000 each year
is appropriated for an ongoing annual grant to
Independent Lifestyles, Inc., for expenses
related to retreats for military veterans at
Camp Bliss in Walker, Minnesota, including
therapy, transportation, and activities
customized for military veterans.
new text end

new text begin (k) new text begin Veterans On The Lake. new text end $50,000 in fiscal
year 2022 is appropriated for a grant to
Veterans on the Lake for expenses related to
retreats for veterans including therapy,
transportation, and activities customized for
veterans.
new text end

new text begin (l) Disabled Veterans Rest Camp. $128,000
in fiscal year 2022 is appropriated for a grant
to the Disabled Veterans Rest Camp on Big
Marine Lake in Washington County for
landscape improvements around the new
cabins, including a retaining wall around a
water drainage holding pond and security
fencing with vehicle control gates along the
entrance road. This is a onetime appropriation
and is available until the project is completed
or abandoned, subject to Minnesota Statutes,
section 16A.642.
new text end

new text begin Subd. 3. new text end new text begin 9/11 Task Force new text end

new text begin 400,000 new text end

new text begin $400,000 the first year is for the Advisory
Task Force on 9/11 and Global War on
Terrorism Remembrance. The task force must
collect, memorialize, and publish stories of
Minnesotans' service in the Global War on
Terrorism and impacts on their dependents.
The task force must host a remembrance
program in September 2021. This is a onetime
appropriation.
new text end

new text begin Subd. 4. new text end new text begin Veterans Health Care new text end

new text begin 62,120,000 new text end

new text begin 62,686,000 new text end

new text begin (a) Transfers. These appropriations may be
transferred to a veterans homes special
revenue account in the special revenue fund
in the same manner as other receipts are
deposited according to Minnesota Statutes,
section 198.34, and are appropriated to the
commissioner of veterans affairs for the
operation of veterans homes facilities and
programs.
new text end

new text begin (b) Report. No later than January 15, 2022,
the commissioner must submit a report to the
legislative committees with jurisdiction over
veterans affairs and state government finance
on reserve amounts maintained in the veterans
homes special revenue account. The report
must detail current and historical amounts
maintained as a reserve and uses of those
amounts. The report must also include data on
the use of existing veterans homes, including
current and historical bed capacity and usage,
staffing levels and staff vacancy rates, and
staff-to-resident ratios.
new text end

new text begin (c) Maximize Federal Reimbursements. The
department shall seek opportunities to
maximize federal reimbursements of
Medicare-eligible expenses and provide annual
reports to the commissioner of management
and budget on the federal Medicare
reimbursements received. Contingent upon
future federal Medicare receipts, reductions
to the homes' general fund appropriation may
be made.
new text end

new text begin Subd. 5. new text end new text begin Veteran Suicide Prevention Initiative new text end

new text begin $1,000,000 new text end

new text begin $650,000 new text end

new text begin $1,000,000 the first year and $650,000 the
second year is to address the problem of death
by suicide among veterans in Minnesota. The
commissioner of veterans affairs may use
funds for personnel, training, research,
marketing, and professional or technical
contracts. The base for this appropriation is
$550,000 in fiscal year 2024 and $550,000 in
fiscal year 2025.
new text end

new text begin Subd. 6. new text end new text begin Veterans Resilience Project; Report new text end

new text begin 50,000 new text end

new text begin 50,000 new text end

new text begin $50,000 each year is appropriated for a grant
to the veterans resilience project. Grant funds
must be used to make eye movement
desensitization and reprocessing therapy
available to veterans and current military
service members who are suffering from
posttraumatic stress disorder and trauma.
new text end

new text begin The veterans resilience project must report to
the commissioner of veterans affairs and the
chairs and ranking minority members of the
legislative committees with jurisdiction over
veterans affairs policy and finance by January
15 of each year on the program. The report
must include: an overview of the program's
budget; a detailed explanation of program
expenditures; the number of veterans and
service members served by the program; and
a list and explanation of the services provided
to program participants.
new text end

ARTICLE 2

VETERANS POLICY

Section 1.

Minnesota Statutes 2020, section 10.578, is amended to read:

10.578 VETERANS SUICIDE new text begin PREVENTION AND new text end AWARENESS DAY.

The first Saturday of every October is designated Veterans Suicide new text begin Prevention and
new text end Awareness Day. Each year, the governor shall issue a proclamation honoring this observance. new text begin
Each year in conjunction with this observance, the commissioner of veterans affairs shall
coordinate activities that raise awareness of, and promote the prevention of, veteran suicides.
new text end

Sec. 2.

Minnesota Statutes 2020, section 15.057, is amended to read:

15.057 PUBLICITY REPRESENTATIVES.

No state department, bureau, or division, whether the same operates on funds appropriated
or receipts or fees of any nature whatsoever, except new text begin the Department of Veterans Affairs,
new text end the Department of Transportation, the Department of Employment and Economic
Development, the Game and Fish Division, State Agricultural Society, and Explore Minnesota
Tourism shall use any of such funds for the payment of the salary or expenses of a publicity
representative. The head of any such department, bureau, or division shall be personally
liable for funds used contrary to this provision. This section shall not be construed, however,
as preventing any such department, bureau, or division from sending out any bulletins or
other publicity required by any state law or necessary for the satisfactory conduct of the
business for which such department, bureau, or division was created.

Sec. 3.

Minnesota Statutes 2020, section 190.07, is amended to read:

190.07 APPOINTMENT; QUALIFICATIONS; RANK new text begin ; TERM; VACANCY new text end .

new text begin Subdivision 1. new text end

new text begin Qualifications. new text end

There shall be an adjutant general of the state who shall
be appointed by the governor new text begin within 120 days of a vacancy of the position new text end . The adjutant
general shall be a staff officer, who at the time of appointment shall be a commissioned
officer of the National Guard deleted text begin of this state, with not less than ten years military service in
the National Guard of this state or the armed forces of the United States, at least three of
which shall have been commissioned deleted text end and who shall have reached new text begin , at a minimum, new text end the deleted text begin grade
of a field officer deleted text end new text begin rank of colonel (O-6) new text end .

new text begin Subd. 2. new text end

new text begin Rank. new text end

The adjutant general shall new text begin be promoted, if necessary, directly to and
shall new text end hold deleted text begin at least deleted text end the rank of major general deleted text begin and may be promoted to and including the
highest rank authorized under federal law. However, the adjutant general may not be
promoted to the rank of major general without having at least 20 years service in the
Minnesota National Guard, at least one of which has been in the rank of brigadier general deleted text end . new text begin
If not already a major general, the adjutant general's promotion is effective beginning on
the date the governor appoints the adjutant general. At the time of appointment and in
accordance with the authorities governing federal recognition of officers, the adjutant general
is authorized to wear the rank of major general.
new text end

new text begin Subd. 3. new text end

new text begin Term. new text end

The term of the adjutant general is new text begin for a single term of new text end seven years from
the date of appointment. deleted text begin Section 15.06, subdivisions 3, 4, and 5, governs filling of vacancies
in the Office of Adjutant General. deleted text end The adjutant general shall not be removed from office
during a term except upon withdrawal of federal recognition or as otherwise provided by
the military laws of this state.

new text begin Subd. 4. new text end

new text begin Vacancy; acting or temporary adjutant general. new text end

new text begin In the event of a vacancy
of the adjutant general, the governor may appoint a person qualified under subdivision 1 as
an acting adjutant general. If the governor does not appoint an acting adjutant general, the
deputy adjutant general as defined in section 190.09, subdivision 1, shall become temporary
adjutant general without further official action. Upon taking office, the acting or temporary
adjutant general shall have all the powers and emoluments and perform all the duties of the
office of adjutant general until a permanent adjutant general is appointed.
new text end

Sec. 4.

new text begin [196.081] VETERANS STABLE HOUSING INITIATIVE; DATA.
new text end

new text begin (a) The commissioner may establish a veterans stable housing initiative. If the
commissioner establishes a veterans stable housing initiative under this section, the
commissioner must provide resources and support to assist veterans experiencing
homelessness in obtaining or maintaining stable housing.
new text end

new text begin (b) Data on individuals maintained by the commissioner in the Homeless Veteran Registry
for purposes of the veterans stable housing initiative is private data on individuals as defined
in section 13.02, subdivision 12, and must not be disclosed or shared except for coordinating
homelessness prevention efforts with:
new text end

new text begin (1) members of the Minnesota Interagency Council on Homelessness; and
new text end

new text begin (2) Homeless Veteran Registry partners to address a veteran's episode of homelessness
or maintain a veteran's housing plan through Department of Veterans Affairs funded
programs.
new text end

new text begin (c) For purposes of this section, "homelessness" means that a veteran lacks a fixed,
nighttime residence.
new text end

Sec. 5.

Minnesota Statutes 2020, section 197.791, subdivision 4, is amended to read:

Subd. 4.

Eligibility.

(a) A person is eligible for educational assistance under deleted text begin subdivisions deleted text end new text begin
subdivision new text end 5 deleted text begin and 5a deleted text end if:

(1) the person is:

(i) a veteran who is serving or has served honorably in any branch or unit of the United
States armed forces at any time;

(ii) a nonveteran who has served honorably for a total of five years or more cumulatively
as a member of the Minnesota National Guard or any other active or reserve component of
the United States armed forces, and any part of that service occurred on or after September
11, 2001;

(iii) the surviving spouse or child of a person who has served in the military and who
has died as a direct result of that military service, only if the surviving spouse or child is
eligible to receive federal education benefits under United States Code, title 38, chapter 33,
as amended, or United States Code, title 38, chapter 35, as amended; or

(iv) the spouse or child of a person who has served in the military at any time and who
has a total and permanent service-connected disability as rated by the United States Veterans
Administration, only if the spouse or child is eligible to receive federal education benefits
under United States Code, title 38, chapter 33, as amended, or United States Code, title 38,
chapter 35, as amended; and

(2) the person receiving the educational assistance is a Minnesota resident, as defined
in section 136A.101, subdivision 8; and

(3) the person receiving the educational assistance:

(i) is an undergraduate or graduate student at an eligible institution;

(ii) is maintaining satisfactory academic progress as defined by the institution for students
participating in federal Title IV programs;

(iii) is enrolled in an education program leading to a certificate, diploma, or degree at
an eligible institution;

(iv) has applied for educational assistance under this section prior to the end of the
academic term for which the assistance is being requested;

(v) is in compliance with child support payment requirements under section 136A.121,
subdivision 2, clause (5); and

(vi) has completed the Free Application for Federal Student Aid (FAFSA).

(b) A person's eligibility terminates when the person becomes eligible for benefits under
section 135A.52.

(c) To determine eligibility, the commissioner may require official documentation,
including the person's federal form DD-214 or other official military discharge papers;
correspondence from the United States Veterans Administration; birth certificate; marriage
certificate; proof of enrollment at an eligible institution; signed affidavits; proof of residency;
proof of identity; or any other official documentation the commissioner considers necessary
to determine eligibility.

(d) The commissioner may deny eligibility or terminate benefits under this section to
any person who has not provided sufficient documentation to determine eligibility for the
program. An applicant may appeal the commissioner's eligibility determination or termination
of benefits in writing to the commissioner at any time. The commissioner must rule on any
application or appeal within 30 days of receipt of all documentation that the commissioner
requires. The decision of the commissioner regarding an appeal is final. However, an
applicant whose appeal of an eligibility determination has been rejected by the commissioner
may submit an additional appeal of that determination in writing to the commissioner at
any time that the applicant is able to provide substantively significant additional information
regarding the applicant's eligibility for the program. An approval of an applicant's eligibility
by the commissioner following an appeal by the applicant is not retroactively effective for
more than one year or the semester of the person's original application, whichever is later.

(e) Upon receiving an application with insufficient documentation to determine eligibility,
the commissioner must notify the applicant within 30 days of receipt of the application that
the application is being suspended pending receipt by the commissioner of sufficient
documentation from the applicant to determine eligibility.

Sec. 6.

Minnesota Statutes 2020, section 197.791, subdivision 5, is amended to read:

Subd. 5.

Educational assistance deleted text begin amount deleted text end .

(a) On approval by the commissioner of
eligibility for the program, the applicant shall be awarded, on a funds-available basis, the
educational assistance under the program for use at any time according to program rules at
any eligible institution.

(b) The amount of educational assistance in any semester or term for an eligible person
must be determined by subtracting from the eligible person's cost of attendance the amount
the person received or was eligible to receive in that semester or term from:

(1) the federal Pell Grant;

(2) the state grant program under section 136A.121; and

(3) any federal military or veterans educational benefits including but not limited to the
Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program, vocational
rehabilitation benefits, and any other federal benefits associated with the person's status as
a veteran, except veterans disability payments from the United States new text begin Department of new text end Veterans
deleted text begin Administration and payments made under the Veterans Retraining Assistance Program
(VRAP) deleted text end new text begin Affairs new text end .

(c) The amount of educational assistance for any eligible person who is a full-time
student must not exceed the following:

(1) $3,000 per state fiscal year; and

(2) $10,000 in a lifetime.

(d) For a part-time student, the amount of educational assistance must not exceed $500
per semester or term of enrollment. For the purpose of this paragraph, a part-time
undergraduate student is a student taking fewer than 12 credits or the equivalent for a
semester or term of enrollment and a part-time graduate student is a student considered part
time by the eligible institution the graduate student is attending. The minimum award for
undergraduate and graduate students is $50 per term.

Sec. 7.

Minnesota Statutes 2020, section 197.791, subdivision 5a, is amended to read:

Subd. 5a.

Apprenticeship and on-the-job training.

(a) The commissioner, in
consultation with the commissioners of employment and economic development and labor
and industry, shall develop and implement an apprenticeship and on-the-job training program
to administer a portion of the Minnesota GI Bill program to pay benefit amounts to eligible
persons, as provided in this subdivision.

(b) An "eligible employer" means an employer operating a qualifying apprenticeship or
on-the-job training program that has been approved by the commissioner.

deleted text begin (c) A person is eligible for apprenticeship and on-the-job training assistance under this
subdivision if the person meets the criteria established under subdivision 4, paragraph (a).
The commissioner may determine eligibility as provided in subdivision 4, paragraph (c),
and may deny or terminate benefits as prescribed under subdivision 4, paragraphs (d) and
(e). The amount of assistance paid to or on behalf of an eligible individual under this
subdivision must not exceed the following:
deleted text end

new text begin (c) A person is eligible for apprenticeship and on-the-job training assistance under this
subdivision if the person is:
new text end

new text begin (1) a veteran who is serving or has served honorably in any branch or unit of the United
States armed forces at any time;
new text end

new text begin (2) a nonveteran who has served honorably for a total of five years or more cumulatively
as a member of the Minnesota National Guard or any other active or reserve component of
the United States armed forces, and any part of that service occurred on or after September
11, 2001;
new text end

new text begin (3) the surviving spouse or child of a person who has served in the military and who has
died as a direct result of that military service, only if the surviving spouse or child is eligible
to receive federal education benefits under United States Code, title 38, chapter 33, as
amended, or United States Code, title 38, chapter 35, as amended; or
new text end

new text begin (4) the spouse or child of a person who has served in the military at any time and who
has a total and permanent service-connected disability as rated by the United States Veterans
Administration, only if the spouse or child is eligible to receive federal education benefits
under United States Code, title 38, chapter 33, as amended, or United States Code, title 38,
chapter 35.
new text end

new text begin (d) The amount of assistance paid to or on behalf of an eligible individual under this
subdivision must not exceed the following:
new text end

(1) $3,000 per fiscal year for apprenticeship expenses;

(2) $3,000 per fiscal year for on-the-job training;

(3) $1,000 for a job placement credit payable to an eligible employer upon hiring and
completion of six consecutive months' employment of a person receiving assistance under
this subdivision; and

(4) $1,000 for a job placement credit payable to an eligible employer after a person
receiving assistance under this subdivision has been employed by the eligible employer for
at least 12 consecutive months as a full-time employee.

new text begin (e) new text end No more than $5,000 in aggregate benefits under this deleted text begin paragraph deleted text end new text begin subdivision new text end may be
paid to or on behalf of an individual in one fiscal year deleted text begin , and not more than $10,000 in
aggregate benefits under this paragraph may be paid to or on behalf of an individual over
any period of time deleted text end .

new text begin (f) If an eligible person receives benefits under subdivision 5 or 5b, the eligible person's
aggregate benefits under this subdivision, subdivisions 5, and 5b, must not exceed $10,000
in the eligible person's lifetime.
new text end

deleted text begin (d) deleted text end new text begin (g) new text end Assistance for apprenticeship expenses and on-the-job training is available for
qualifying programs, which must, at a minimum, meet the following criteria:

(1) the training must be with an eligible employer;

(2) the training must be documented and reported;

(3) the training must reasonably be expected to lead to an entry-level position; and

(4) the position must require at least six months of training to become fully trained.

Sec. 8.

Minnesota Statutes 2020, section 197.791, subdivision 5b, is amended to read:

Subd. 5b.

Additional professional or educational benefits.

(a) The commissioner shall
develop and implement a program to administer a portion of the Minnesota GI Bill program
to pay additional benefit amounts to eligible persons as provided under this subdivision.

deleted text begin (b) A person is eligible for additional benefits under this subdivision if the person meets
the criteria established under subdivision 4, paragraph (a), clause (1). The commissioner
may determine eligibility as provided in subdivision 4, paragraph (c), and may deny or
terminate benefits as prescribed under subdivision 4, paragraphs (d) and (e). The amount
of assistance paid to or on behalf of an eligible individual under this subdivision must not
exceed the following amounts:
deleted text end

new text begin (b) A person is eligible for additional benefits under this subdivision if the person is:
new text end

new text begin (1) a veteran who is serving or has served honorably in any branch or unit of the United
States armed forces at any time;
new text end

new text begin (2) a nonveteran who has served honorably for a total of five years or more cumulatively
as a member of the Minnesota National Guard or any other active or reserve component of
the United States armed forces, and any part of that service occurred on or after September
11, 2001;
new text end

new text begin (3) the surviving spouse or child of a person who has served in the military and who has
died as a direct result of that military service, only if the surviving spouse or child is eligible
to receive federal education benefits under United States Code, title 38, chapter 33, as
amended, or United States Code, title 38, chapter 35, as amended; or
new text end

new text begin (4) the spouse or child of a person who has served in the military at any time and who
has a total and permanent service-connected disability as rated by the United States Veterans
Administration, only if the spouse or child is eligible to receive federal education benefits
under United States Code, title 38, chapter 33, as amended, or United States Code, title 38,
chapter 35.
new text end

new text begin (c) The amount of assistance paid to or on behalf of an eligible individual under this
subdivision must not exceed the following amounts:
new text end

(1) $3,000 per state fiscal year; and

(2) $10,000 in a lifetime.

new text begin (d) If an eligible person receives benefits under subdivision 5 or 5a, the eligible person's
aggregate benefits under this subdivision, subdivisions 5, and 5a, must not exceed $10,000
in the eligible person's lifetime.
new text end

deleted text begin (c) deleted text end new text begin (e) new text end A person eligible under this subdivision may use the benefit amounts for the
following purposes:

(1) licensing or certification tests, the successful completion of which demonstrates an
individual's possession of the knowledge or skill required to enter into, maintain, or advance
in employment in a predetermined and identified vocation or profession, provided that the
tests and the licensing or credentialing organizations or entities that offer the tests are
approved by the commissioner;

(2) tests for admission to institutions of higher learning or graduate schools;

(3) national tests providing an opportunity for course credit at institutions of higher
learning;

(4) a preparatory course for a test that is required or used for admission to an institution
of higher education or a graduate program; and

(5) any fee associated with the pursuit of a professional or educational objective specified
in clauses (1) to (4).

deleted text begin (d) If an eligible person receives benefits under subdivision 5, the eligible person's
aggregate benefits under this subdivision and subdivision 5 must not exceed $10,000 in the
eligible person's lifetime.
deleted text end

deleted text begin (e) If an eligible person receives benefits under subdivision 5a, the eligible person's
aggregate benefits under this subdivision and subdivision 5a must not exceed $10,000 in
the eligible person's lifetime.
deleted text end

Sec. 9.

Minnesota Statutes 2020, section 198.006, is amended to read:

198.006 SUPPLEMENTAL PROGRAMS.

new text begin (a) new text end The commissioner deleted text begin shall deleted text end new text begin must new text end work with federal, state, local, and private agencies to
develop alternative institutional and noninstitutional care programs for veterans to supplement
the mission of the homes. Veterans shall be afforded the least restrictive, most appropriate
level of care available.

new text begin (b) The commissioner may provide adult day care center programs that offer therapeutic
and rehabilitation health care services to veterans and support services for caregivers of
veterans. If the commissioner provides adult day care center programs, the commissioner
may collect fees from program participants. The commissioner is authorized to apply for
and accept federal funding for purposes of this paragraph.
new text end

new text begin (c) The commissioner may work with federal, state, local, and private entities to make
available appropriate dental services for veterans homes residents. The commissioner may
engage with the United States Department of Veterans Affairs to support the dental benefits
program authorized under this paragraph.
new text end

Sec. 10.

Minnesota Statutes 2020, section 198.03, subdivision 2, is amended to read:

Subd. 2.

Cost of care.

The commissioner shall set out in rules the method of calculating
the average cost of care for the domiciliary and nursing care residents. The cost must be
determined yearly based upon the average cost per resident taking into account, but not
limited to, administrative cost of the homes, the cost of service available to the resident,
and food and lodging costs. These average costs must be calculated separately for domiciliary
and nursing care residents. The amount charged each resident for maintenance, if anything,
must be based on the appropriate average cost of care calculation and the assets and income
of the resident but must not exceed the appropriate average cost of care.

new text begin Beginning July 1, 2021, the Personal Needs Allowance (PNA) for domiciliary residents
shall be based on the Minnesota Department of Human Services' (DHS) most recent General
Assistance program PNA and will be in effect the same date as the DHS PNA is in effect.
Thereafter, the PNA must be adjusted and put into effect each year or each time DHS adjusts
the PNA.
new text end

Sec. 11.

new text begin [609.1056] MILITARY VETERANS; CRIMES COMMITTED BECAUSE
OF CONDITIONS RESULTING FROM SERVICE; DISCHARGE AND DISMISSAL.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, the following terms have the meanings
given:
new text end

new text begin (1) "applicable condition" means sexual trauma, traumatic brain injury, posttraumatic
stress disorder, substance abuse, or a mental health condition;
new text end

new text begin (2) "eligible offense" means any misdemeanor or gross misdemeanor, and any felony
that is ranked at severity level 7 or lower or D7 or lower on the Sentencing Guidelines grid;
new text end

new text begin (3) "pretrial diversion" means the decision of a prosecutor to refer a defendant to a
diversion program on condition that the criminal charges against the defendant shall be
dismissed after a specified period of time, or the case shall not be charged, if the defendant
successfully completes the program of treatment recommended by the United States
Department of Veterans Affairs or a local, state, federal, or private nonprofit treatment
program; and
new text end

new text begin (4) "veterans treatment court program" means a program that has the following essential
characteristics:
new text end

new text begin (i) the integration of services in the processing of cases in the judicial system;
new text end

new text begin (ii) the use of a nonadversarial approach involving prosecutors and defense attorneys to
promote public safety and to protect the due process rights of program participants;
new text end

new text begin (iii) early identification and prompt placement of eligible participants in the program;
new text end

new text begin (iv) access to a continuum of alcohol, controlled substance, mental health, and other
related treatment and rehabilitative services;
new text end

new text begin (v) careful monitoring of treatment and services provided to program participants;
new text end

new text begin (vi) a coordinated strategy to govern program responses to participants' compliance;
new text end

new text begin (vii) ongoing judicial interaction with program participants;
new text end

new text begin (viii) monitoring and evaluation of program goals and effectiveness;
new text end

new text begin (ix) continuing interdisciplinary education to promote effective program planning,
implementation, and operations;
new text end

new text begin (x) development of partnerships with public agencies and community organizations,
including the United States Department of Veterans Affairs; and
new text end

new text begin (xi) inclusion of a participant's family members who agree to be involved in the treatment
and services provided to the participant under the program.
new text end

new text begin Subd. 2. new text end

new text begin Deferred prosecution. new text end

new text begin (a) The court shall defer prosecution for an eligible
offense committed by a defendant who was, or currently is, a member of the United States
military as provided in this subdivision. The court shall do this at the request of the defendant
upon a finding of guilty after trial or upon a guilty plea.
new text end

new text begin (b) A defendant who requests to be sentenced under this subdivision shall release or
authorize access to military service reports and records relating to the alleged applicable
condition. The court must file the records as confidential and designate that they remain
sealed, except as provided in this paragraph. In addition, the court may request, through
existing resources, an assessment of the defendant. The defendant, through existing records
or licensed professional evaluation, shall establish the diagnosis of the condition, that it was
caused by military service, and that the offense was committed as a result of the condition.
The court, on its own motion or the prosecutor's motion, with notice to defense counsel,
may order the defendant to furnish to the court for in-camera review or to the prosecutor
copies of all medical and military service reports and records previously or subsequently
made concerning the defendant's condition and its connection to service.
new text end

new text begin (c) Based on the record, the court shall determine whether, by clear and convincing
evidence: (1) the defendant suffered from an applicable condition at the time of the offense;
(2) the applicable condition was caused by service in the United States military; and (3) the
offense was committed as a result of the applicable condition. Within 15 days of the court's
determination, either party may file a challenge to the determination and demand a hearing
on the defendant's eligibility under this subdivision.
new text end

new text begin (d) If the court makes the determination described in paragraph (c), the court shall,
without entering a judgment of guilty, defer further proceedings and place the defendant
on probation upon such reasonable conditions as it may require and for a period not to
exceed the maximum period provided by law. A court may extend a defendant's term of
probation pursuant to section 609.135, subdivision 2, paragraphs (g) and (h). Conditions
ordered by the court must include treatment, services, rehabilitation, and education sufficient
so that if completed, the defendant would be eligible for discharge and dismissal under
subdivision 3. In addition, the court shall order that the defendant undergo a chemical use
assessment that includes a recommended level of care for the defendant in accordance with
the criteria contained in rules adopted by the commissioner of human services under section
254A.03, subdivision 3.
new text end

new text begin (e) If the court determines that the defendant is eligible for a deferred sentence but the
defendant has previously received one for a felony offense under this subdivision, the court
may, but is not required to, impose a deferred sentence. If the court does not impose a
deferred sentence, the court may sentence the defendant as otherwise provided in law,
including as provided in subdivision 4.
new text end

new text begin (f) Upon violation of a condition of probation, the court may enter an adjudication of
guilt and proceed as otherwise provided in law, including as provided in subdivision 4.
new text end

new text begin (g) As a condition of probation, the court may order the defendant to attend a local, state,
federal, or private nonprofit treatment program for a period not to exceed the maximum
period for which the defendant could have been incarcerated.
new text end

new text begin (h) The court, when issuing an order under this subdivision that a defendant attend an
established treatment program, shall give preference to a treatment program that has a history
of successfully treating veterans who suffer from applicable conditions caused by military
service, including but not limited to programs operated by the United States Department of
Defense or Veterans Affairs.
new text end

new text begin (i) The court and any assigned treatment program shall collaborate with, when available,
the county veterans service officer and the United States Department of Veterans Affairs
to maximize benefits and services provided to the defendant.
new text end

new text begin (j) If available in the county or judicial district having jurisdiction over the case, the
defendant may be supervised by a veterans treatment court program under subdivision 5.
If there is a veterans treatment court that meets the requirements of subdivision 5 in the
county in which the defendant resides or works, supervision of the defendant may be
transferred to that county or judicial district veterans treatment court program. Upon the
defendant's successful or unsuccessful completion of the program, the veterans treatment
court program shall communicate this information to the court of original jurisdiction for
further action.
new text end

new text begin (k) Sentencing pursuant to this subdivision waives any right to administrative review
pursuant to section 169A.53, subdivision 1, or judicial review pursuant to section 169A.53,
subdivision 2, for a license revocation or cancellation imposed pursuant to section 169A.52,
and also waives any right to administrative review pursuant to section 171.177, subdivision
10, or judicial review pursuant to section 171.177, subdivision 11, for a license revocation
or cancellation imposed pursuant to section 171.177, if that license revocation or cancellation
is the result of the same incident that is being sentenced.
new text end

new text begin Subd. 3. new text end

new text begin Discharge and dismissal. new text end

new text begin (a) Upon the expiration of the period of the defendant's
probation the court shall hold a hearing to discharge the defendant from probation and
determine whether to dismiss the proceedings against a defendant who received a deferred
sentence under subdivision 2. The hearing shall be scheduled so that the parties have adequate
time to prepare and present arguments regarding the issue of dismissal. The parties may
submit written arguments to the court prior to the date of the hearing and may make oral
arguments before the court at the hearing. The defendant must be present at the hearing
unless excused under Minnesota Rules of Criminal Procedure, rule 26.03, subdivision 1,
clause (3).
new text end

new text begin (b) The court shall provide notice to any identifiable victim of the offense at least 15
days before the hearing is held. Notice to victims of the offense under this subdivision must
specifically inform the victim of the right to submit an oral or written statement to the court
at the time of the hearing describing the harm suffered by the victim as a result of the crime
and the victim's recommendation on whether dismissal should be granted or denied. The
judge shall consider the victim's statement when making a decision. If a victim notifies the
prosecutor of an objection to dismissal and is not present at the hearing, the prosecutor shall
make the objections known to the court.
new text end

new text begin (c) The court shall dismiss proceedings against a defendant if the court finds by clear
and convincing evidence that the defendant:
new text end

new text begin (1) is in substantial compliance with the conditions of probation;
new text end

new text begin (2) has successfully participated in court-ordered treatment and services to address the
applicable condition caused by military service;
new text end

new text begin (3) does not represent a danger to the health or safety of victims or others; and
new text end

new text begin (4) has demonstrated significant benefit from court-ordered education, treatment, or
rehabilitation to clearly show that a discharge and dismissal under this subdivision is in the
interests of justice.
new text end

new text begin (d) In determining the interests of justice, the court shall consider, among other factors,
all of the following:
new text end

new text begin (1) the defendant's completion and degree of participation in education, treatment, and
rehabilitation as ordered by the court;
new text end

new text begin (2) the defendant's progress in formal education;
new text end

new text begin (3) the defendant's development of career potential;
new text end

new text begin (4) the defendant's leadership and personal responsibility efforts;
new text end

new text begin (5) the defendant's contribution of service in support of the community;
new text end

new text begin (6) the level of harm to the community from the offense; and
new text end

new text begin (7) the statement of the victim, if any.
new text end

new text begin (e) If the court finds that the defendant does not qualify for discharge and dismissal
under paragraph (c), the court shall enter an adjudication of guilt and proceed as otherwise
provided in law, including as provided in subdivision 4.
new text end

new text begin (f) Discharge and dismissal under this subdivision shall be without court adjudication
of guilt, but a not public record of the discharge and dismissal shall be retained by the Bureau
of Criminal Apprehension for the purpose of use by the courts in determining the merits of
subsequent proceedings against the defendant. The not public record may also be opened
only upon court order for purposes of a criminal investigation, prosecution, or sentencing.
Upon request by law enforcement, prosecution, or corrections authorities, the bureau shall
notify the requesting party of the existence of the not public record and the right to seek a
court order to open the not public record under this paragraph. The court shall forward a
record of any discharge and dismissal under this subdivision to the bureau, which shall
make and maintain the not public record of the discharge and dismissal. The discharge and
dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime or for any other purpose. For purposes of this
paragraph, "not public" has the meaning given in section 13.02, subdivision 8a.
new text end

new text begin Subd. 4. new text end

new text begin Sentencing departure; waiver of mandatory sentence. new text end

new text begin (a) This subdivision
applies to defendants who plead or are found guilty of any criminal offense except one for
which registration is required under section 243.166, subdivision 1b.
new text end

new text begin (b) Prior to sentencing, a defendant described in paragraph (a) may present proof to the
court that the defendant has, since the commission of the offense, engaged in rehabilitative
efforts consistent with those described in this section. If the court determines that the
defendant has engaged in substantial rehabilitative efforts and the defendant establishes by
clear and convincing evidence that:
new text end

new text begin (1) the defendant suffered from an applicable condition at the time of the offense;
new text end

new text begin (2) the applicable condition was caused by service in the United States military; and
new text end

new text begin (3) the offense was committed as a result of the applicable condition;
new text end

new text begin the court may determine that the defendant is particularly amenable to probation and order
a mitigated durational or dispositional sentencing departure or a waiver of any statutory
mandatory minimum sentence applicable to the defendant.
new text end

new text begin Subd. 5. new text end

new text begin Optional veterans treatment court program; procedures for eligible
defendants. new text end

new text begin A county or judicial district may supervise probation under this section through
a veterans treatment court, using county veterans service officers appointed under sections
197.60 to 197.606, United States Department of Veterans Affairs veterans justice outreach
specialists, probation agents, and any other rehabilitative resources available to the court.
new text end

new text begin Subd. 6. new text end

new text begin Creation of county and city diversion programs; authorization. new text end

new text begin Any county
or city may establish and operate a veterans pretrial diversion program for offenders eligible
under subdivision 2 without penalty under section 477A.0175.
new text end

new text begin Subd. 7. new text end

new text begin Exception. new text end

new text begin This section does not apply to a person charged with an offense for
which registration is required under section 243.166, subdivision 1b.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 12. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must renumber the provisions of Minnesota Statutes listed in
column A to the references listed in column B. The revisor must also make necessary
cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the
renumbering.
new text end

	new text begin Column A new text end	new text begin Column B new text end
	new text begin 197.791, subdivision 5a new text end	new text begin 197.791, subdivision 6 new text end
	new text begin 197.791, subdivision 5b new text end	new text begin 197.791, subdivision 7 new text end
	new text begin 197.791, subdivision 6 new text end	new text begin 197.791, subdivision 8 new text end

ARTICLE 3

DATA ACCESS

Section 1.

Minnesota Statutes 2020, section 192.67, is amended to read:

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

new text begin Subdivision 1. new text end

new text begin Transfer to civil authorities. new text end

When any deleted text begin felony deleted text end new text begin criminal offense new text end is
committed by any officer or enlisted member of the military forces while on duty status
other than deleted text begin active state deleted text end new text begin federal new text end 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 begin Subd. 2. new text end

new text begin Service member data. new text end

new text begin Notwithstanding any provision of chapter 13 or other
state law, all 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. 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.
new text end

ARTICLE 4

BAR ADMISSION; JUDICIAL QUALIFICATIONS

Section 1.

new text begin [192A.041] PRACTICE OF MILITARY LAW.
new text end

new text begin Any commissioned officer of a United States state or territory military force who meets
the following qualifications may be accepted by the state judge advocate to conduct any
and all administrative or Minnesota Code of Military Justice activities under this code and
is exempt from section 481.02:
new text end

new text begin (1) has served as a member of the Judge Advocate Generals Corps for not less than two
years;
new text end

new text begin (2) is currently certified as competent for such duty by the Judge Advocate General of
the military force of which the individual is a member; and
new text end

new text begin (3) is a member of good standing of the bar of the highest court of any state.
new text end

Sec. 2.

Minnesota Statutes 2020, section 192A.15, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

There is hereby established a military judge system for
the deleted text begin state deleted text end military forces. The military judge system shall be in the Military Department
under the command of the adjutant general. It shall consist of at least two military judges,
a number of legal clerks equal to the number of judges and such additional military staff as
is necessary.

Sec. 3.

Minnesota Statutes 2020, section 192A.15, subdivision 2, is amended to read:

Subd. 2.

Qualifications of military judge.

A military judge shall be a commissioned
officer of the state military forces who has been a member of the bar of deleted text begin this deleted text end new text begin any new text end state for at
least six years, who has served as a member of the Judge Advocate Generals Corps for not
less than three years, deleted text begin and deleted text end who is certified to be qualified for such duty by the deleted text begin state deleted text end Judge
Advocate new text begin General of the armed force of which the officer is a member, and who is accepted
by the state judge advocate to conduct any and all administrative or Minnesota Code of
Military Justice activities under this code new text end .

Sec. 4.

Minnesota Statutes 2020, section 192A.155, subdivision 2, is amended to read:

Subd. 2.

Qualifications of counsel.

Trial counsel or defense counsel detailed for a
general, special, or summary court-martial:

(1) must be a person who is a member of the bar of the highest court of deleted text begin the deleted text end new text begin any new text end state, or
a member of the bar of a federal court; and

(2) must be certified as competent to perform such duties by the deleted text begin state deleted text end Judge Advocate new text begin
General of the armed force of which the individual is a member new text end .

ARTICLE 5

JURISDICTION CHANGES

Section 1.

Minnesota Statutes 2020, section 192A.02, subdivision 2, is amended to read:

Subd. 2.

Military service deleted text begin in Minnesota deleted text end .

This code deleted text begin also deleted text end applies deleted text begin to all persons in the
military while they are serving within this state and while they are under the command of
a commissioned officer of the state military forces. deleted text end new text begin to a member of the military when the
member is in a status provided for by United States Code, title 32, a regulation adopted
pursuant to United States Code, title 32, or in state active service. This military service
includes:
new text end

new text begin (1) travel to and from the inactive-duty training site of the member, pursuant to orders
or regulations;
new text end

new text begin (2) intervals between consecutive periods of inactive-duty training on the same day,
pursuant to orders or regulations; and
new text end

new text begin (3) intervals between inactive-duty training on consecutive days, pursuant to orders or
regulations.
new text end

Sec. 2.

Minnesota Statutes 2020, section 192A.384, is amended to read:

192A.384 OFFENSES SUBJECT TO COURT-MARTIAL.

The jurisdiction of courts-martial deleted text begin shall be deleted text end new text begin under this code is new text end limited to violations of the
punitive articles deleted text begin in this code deleted text end new text begin prescribed by the manual for courts-martial of the United States,
assimilated under any Minnesota state law as referenced under section 192A.605, or by the
Minnesota Code of Military Justice new text end . Any person subject to this code who is charged with
the commission of an offense which is not an offense under this code new text begin or the manual for
courts-martial of the United States new text end may be surrendered to civil authorities for process in
accordance with civil law.

ARTICLE 6

TRIAL PROCEDURE

Section 1.

Minnesota Statutes 2020, section 192A.20, is amended to read:

192A.20 GOVERNOR MAY PRESCRIBE RULES.

The procedure, including modes of proof, in cases before military courts and other
military tribunals new text begin organized under this code new text end may be prescribed by the governor or the
adjutant general by rules, which shall, so far as the governor or the adjutant general considers
practicable, apply the principles of law and the rules of evidence generally recognized in
the deleted text begin trial of criminal cases in the courts of the state deleted text end new text begin manual for courts-martial of the United
States new text end , but which may not be contrary to or inconsistent with this code.

Sec. 2.

Minnesota Statutes 2020, section 192A.235, subdivision 3, is amended to read:

Subd. 3.

Three-year limitation.

Except as otherwise provided in subdivision 1, and
section 628.26, a person charged with any offense is not liable to be tried by court-martial
or punished under section 192A.0851 if the offense was committed more than three years
before the receipt of sworn charges and specifications by an officer exercising court-martial
jurisdiction over the command or before the imposition of punishment under section
192A.0851. new text begin The limitation for violations of any offense prescribed under this section shall
be the lesser of the limitation prescribed by the manual for courts-martial of the United
States, Minnesota state law, or the Minnesota Code of Military Justice, but in no instance
shall any limitation exceed that authorized by this code.
new text end

ARTICLE 7

SENTENCES

Section 1.

Minnesota Statutes 2020, section 192A.343, subdivision 3, is amended to read:

Subd. 3.

Action on findings.

(a) The authority under this section to modify the findings
and sentence of a court-martial is a matter of command prerogative involving the sole
discretion of the convening authority. If it is impractical for the convening authority to act,
the convening authority shall forward the case to a person exercising general court-martial
jurisdiction who may take action under this section.

(b) Action on the sentence of a court-martial shall be taken by the convening authority.
The action may be taken only after the consideration of any matters submitted by the accused
under subdivision 2 or after the time for submitting the matter expires, whichever is earlier.
The convening authority, in that person's sole discretion, may approve, disapprove, commute,
or suspend the sentence in whole or in part.

(c) Action on the findings of a court-martial by the convening authority or other person
acting on the sentence is not required. However, such person, in the person's sole discretion,
may:

(1) dismiss any charge or specification by setting aside a finding of guilty; or

(2) change a finding of guilty to a charge or specification to a finding of guilty to an
offense that is a lesser included offense of the offense stated in the charge or specification.

new text begin (d) The convening authority or other person acting under this section shall issue a final
order at the conclusion of the court-martial proceeding, including any proceeding in revision,
rehearing, and reconsideration under subdivision 5. The final order shall be promptly served
on the accused.
new text end

Sec. 2.

Minnesota Statutes 2020, section 192A.353, subdivision 2, is amended to read:

Subd. 2.

Appeal forwarded.

An appeal under this section shall deleted text begin be forwarded to the
court deleted text end new text begin proceed as new text end prescribed in section 192A.371. In ruling on an appeal under this section,
that court may act only with respect to matters of law.

Sec. 3.

Minnesota Statutes 2020, section 192A.371, is amended to read:

192A.371 REVIEW BY STATE APPELLATE AUTHORITY.

new text begin Subdivision 1. new text end

new text begin Certiorari. new text end

deleted text begin Decisions of a special or general courts-martial may be
appealed to the Minnesota Court of Appeals according to the Minnesota Rules of Criminal
and Appellate Procedure. deleted text end new text begin (a) A review of any final order of a special or general court-martial
proceeding may be had upon certiorari by the supreme court upon petition of any party to
the proceeding. The review may be had on the ground that: (1) the court-martial was without
jurisdiction; or (2) the findings of the court-martial and the final order of the convening
authority: (i) were not justified by the evidence; (ii) were not in conformity with this code,
military law or other law applicable to the proceedings, or the Classified Information
Procedures Act; or (iii) were affected by any other error of law.
new text end

new text begin (b) A writ of certiorari for review under this section is a matter of right.
new text end

new text begin Subd. 2. new text end

new text begin Service of writ. new text end

new text begin (a) Within 60 days after notice of the final order of a
court-martial proceeding, the petitioner for review shall obtain from the supreme court a
writ of certiorari, shall serve the same upon all other parties appearing in the court-martial
proceeding, and shall file the original writ of certiorari and proof of service with the court
administrator of the court-martial. No fee or bond is required for either obtaining a writ of
certiorari or the associated filings required under this paragraph.
new text end

new text begin (b) Return upon the writ shall be made to the supreme court and the matter shall be heard
and determined by the court in accordance with the rules of civil appellate procedure
applicable to decisions reviewable by certiorari directly in the supreme court.
new text end

Sec. 4.

Minnesota Statutes 2020, section 606.06, is amended to read:

606.06 CERTIORARI deleted text begin ; ADMINISTRATIVE DECISIONS deleted text end .

A writ of certiorari for review of an administrative decision pursuant to chapter 14 new text begin or
of an order publishing the proceedings, findings, or sentence of a court-martial pursuant to
this code new text end is a matter of right.

ARTICLE 8

PUNITIVE ARTICLES UPDATES

Section 1.

Minnesota Statutes 2020, section 192A.021, is amended to read:

192A.021 PURELY MILITARY OFFENSES.

new text begin (a) new text end Purely military offenses include the offenses contained in the following sections:
192A.39 (Principles), 192A.395 (Accessory after the fact), 192A.405 (Attempts), 192A.41
(Conspiracy), 192A.415 (Solicitation), 192A.42 (Fraudulent enlistment, appointment, or
separation), 192A.425 (Unlawful enlistment, appointment, or separation), 192A.43
(Desertion), 192A.435 (Absent without leave), 192A.44 (Missing movement), 192A.445
(Contempt towards officials), 192A.45 (Disrespect towards superior commissioned officer),
192A.455 (Assaulting or willfully disobeying superior commissioned officer), 192A.46
(Insubordinate conduct toward warrant officer or noncommissioned officer), 192A.465
(Failure to obey order or rule), 192A.47 (Cruelty and maltreatment), 192A.475 (Mutiny or
sedition), 192A.48 (Resistance, breach of arrest, and escape), 192A.495 (Noncompliance
with procedural rules), 192A.50 (Misbehavior before the enemy), 192A.51 (Improper use
of countersign), 192A.515 (Forcing a safeguard), 192A.525 (Aiding the enemy), 192A.54
(Military property; loss, damage, destruction, or wrongful disposition), 192A.55 (Improper
hazarding of vessel), 192A.56 (Drunk on duty; sleeping on post; leaving post before relief),
new text begin 192A.566 (Illegal presence of controlled substance while in duty status), new text end 192A.57
(Malingering), 192A.60 (Conduct unbecoming an officer), deleted text begin and deleted text end 192A.605 (General article) new text begin ,
192A.70 (Prohibited activities with military recruit or trainee by person in a position of
special trust), 192A.701 (Nonconsensual distribution of intimate images), 192A.703
(Unauthorized use of government computer), and 192A.704 (Retaliation) new text end .

new text begin (b) Upon request of the governor or the adjutant general, the superintendent of the Bureau
of Criminal Apprehension shall investigate military offenses or any other act or omission
under this code within the jurisdiction of the military courts and tribunals.
new text end

Sec. 2.

Minnesota Statutes 2020, section 192A.111, is amended to read:

192A.111 MAXIMUM LIMITS.

Subdivision 1.

Punishment limits.

The punishment deleted text begin that a court-martial may direct for
an offense may not exceed limits prescribed by this code. deleted text end new text begin for a violation of this code is
limited to the lesser of the sentence prescribed by the manual for courts-martial of the United
States in effect at the time of the offense or the state manual for courts-martial, but in no
instance shall any punishment exceed that authorized by this code. A court-martial sentence
must not (1) exceed more than ten years for a military offense, or (2) adjudge a sentence of
death.
new text end

Subd. 2.

Level of offense.

(a) deleted text begin Subject to paragraphs (b) and (c), deleted text end new text begin A conviction by general
court-martial of any military offense for which an accused may receive a sentence of
confinement for more than one year is a felony offense. new text end All new text begin other new text end military offenses are
misdemeanors deleted text begin , and a sentence of confinement must not exceed 90 days deleted text end .

(b) In cases where the civilian authorities decline to prosecute and court-martial
jurisdiction is taken pursuant to sections 192A.02, subdivision 3, and 192A.605, the level
of offense and punishment new text begin that new text end a court-martial is authorized is defined by the level of offense
and punishments authorized under deleted text begin the statute deleted text end new text begin any Minnesota state law or the manual for
courts-martial of the United States new text end for the assimilated crime.

(c) For crimes under sections 192A.54, 192A.545, 192A.59, and 192A.595 with monetary
loss of new text begin less than new text end $1,000 deleted text begin or more deleted text end , confinement deleted text begin must not exceed ten years. A sentence of
confinement for more than one year is a felony offense deleted text end new text begin shall be limited to that prescribed
by a special court-martial new text end .

(d) Any conviction by a summary courts-martial is not a criminal conviction.

deleted text begin (e) The limits of punishment for violations of the purely military offenses prescribed
under this section shall be the lesser of the sentences prescribed by the manual for
courts-martial of the United States, and the state manual for courts-martial, but in no instance
shall any punishment exceed that authorized by this code.
deleted text end

Sec. 3.

Minnesota Statutes 2020, section 192A.56, is amended to read:

192A.56 UNDER THE INFLUENCE OF ALCOHOL new text begin OR CONTROLLED
SUBSTANCE new text end WHILE ON DUTY; SLEEPING ON POST; LEAVING POST BEFORE
RELIEF.

Any person subject to this code who is found to be under the influence of alcohol new text begin or a
controlled substance as defined in section 192A.566 without a valid medical prescription
new text end while on duty or sleeping upon an assigned post, or who leaves that post before being
regularly relieved, shall be punished as a court-martial may direct.

Sec. 4.

Minnesota Statutes 2020, section 192A.612, is amended to read:

192A.612 SEARCH WARRANTS.

deleted text begin During any period of active service under section 190.05, subdivision 5a or 5b, deleted text end A military
judge is authorized to issue search warrants, directed to a member of the military police of
the state military forces new text begin or any peace officer defined under section 626.05 new text end , to search any
person, place, deleted text begin or vehicle within the confines of the property or premises being used for such
active service or any person or vehicle pursued therefrom deleted text end new text begin item or property when there is
probable cause that a member of the state military forces has committed an offense subject
to either concurrent or exclusive military jurisdiction during a period of active service as
defined in section 190.05, subdivisions 5a and 5b, and seize items in accordance with law new text end .
No search warrant shall be issued except upon probable cause, supported by affidavit or
sworn testimony naming and describing the person and particularly describing the property
or thing to be seized and particularly describing the place to be searched.

Sec. 5.

Minnesota Statutes 2020, section 192A.62, is amended to read:

192A.62 SECTIONS TO BE EXPLAINED.

Sections 192A.02, 192A.025, 192A.045, 192A.065, 192A.07, 192A.08, 192A.0851,
192A.155, 192A.205, deleted text begin 192A.385 deleted text end new text begin 192A.39 new text end to 192A.595, and 192A.62 to 192A.63 shall be
carefully explained to every enlisted member at the time of the member's enlistment or
transfer or induction into, or at the time of the member's order to duty in or with any of the
state military forces or within 30 days thereafter. They shall also be explained annually to
each unit of the state military forces. A complete text of this code and of the rules prescribed
by the governor thereunder shall be made available to any member of the state military
forces, upon the member's request, for personal examination. Failure to provide briefings
to soldiers or otherwise explain this code to soldiers shall not be a defense to a court-martial
proceeding, except as mitigation in sentencing.

Sec. 6.

new text begin [192A.70] PROHIBITED ACTIVITIES WITH MILITARY RECRUIT OR
TRAINEE BY PERSON IN POSITION OF SPECIAL TRUST.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (1) "Applicant for military service" means a person who, under regulations prescribed
by the secretary concerned, the Minnesota National Guard authority, or designee concerned,
is an applicant for original enlistment or appointment in the armed forces.
new text end

new text begin (2) "Military recruiter" means a person who, under regulations prescribed by the secretary
concerned, has the primary duty to recruit persons for military service.
new text end

new text begin (3) "Prohibited sexual activity" means, as specified in regulations prescribed by the
secretary concerned, the Minnesota National Guard authority, or designee concerned,
inappropriate physical intimacy under circumstances described in such regulations.
new text end

new text begin (4) "Specially protected junior member of the armed forces" means:
new text end

new text begin (i) a member of the armed forces who is assigned to, or is awaiting assignment to, basic
training or other initial active duty for training, including a member who is enlisted under
a delayed entry program;
new text end

new text begin (ii) a member of the armed forces who is a cadet, an officer candidate, or a student in
any other officer qualification program; and
new text end

new text begin (iii) a member of the armed forces in any program that, by regulation prescribed by the
secretary concerned or a Minnesota National Guard authority, or designee concerned, is
identified as a training program for initial career qualification.
new text end

new text begin (5) "Training leadership position" means, with respect to a specially protected junior
member of the armed forces, any of the following:
new text end

new text begin (i) any drill instructor position or other leadership position in a basic training program,
an officer candidate school, a reserve officers' training corps unit, a training program for
entry into the armed forces, or any program that, by regulation prescribed by the secretary
concerned, is identified as a training program for initial career qualification; and
new text end

new text begin (ii) faculty and staff of the United States Military Academy, the United States Naval
Academy, the United States Air Force Academy, the United States Coast Guard Academy,
and the Minnesota National Guard Regional Training Institute.
new text end

new text begin Subd. 2. new text end

new text begin Abuse of training leadership position. new text end

new text begin Any person subject to this code:
new text end

new text begin (1) who is an officer or a noncommissioned officer;
new text end

new text begin (2) who is in a training leadership position with respect to a specially protected junior
member of the armed forces; and
new text end

new text begin (3) who engages in prohibited sexual activity with the specially protected junior member
of the armed forces;
new text end

new text begin shall be punished as a court-martial may direct.
new text end

new text begin Subd. 3. new text end

new text begin Abuse of position as military recruiter. new text end

new text begin Any person subject to this code:
new text end

new text begin (1) who is a military recruiter and engages in prohibited sexual activity with an applicant
for military service; or
new text end

new text begin (2) who is a military recruiter and engages in prohibited sexual activity with a specially
protected junior member of the armed forces who is enlisted under a delayed entry program;
new text end

new text begin shall be punished as a court-martial may direct.
new text end

new text begin Subd. 4. new text end

new text begin Consent. new text end

new text begin Consent is not a defense for any conduct at issue in a prosecution
under this section.
new text end

Sec. 7.

new text begin [192A.701] NONCONSENSUAL DISTRIBUTION OF INTIMATE IMAGES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (1) "Broadcast" means to electronically transmit a visual image with the intent that it be
viewed by a person or persons.
new text end

new text begin (2) "Distribute" means to deliver to the actual or constructive possession of another
person, including transmission by mail or electronic means.
new text end

new text begin (3) "Intimate visual image" means a visual image that depicts a private area of a person.
new text end

new text begin (4) "Private area" means the naked or underwear-clad genitalia, anus, buttocks, or female
areola or nipple.
new text end

new text begin (5) "Reasonable expectation of privacy" means circumstances in which a reasonable
person would believe that a private area of the person, or sexually explicit conduct involving
the person, would not be visible to the public.
new text end

new text begin (6) "Sexually explicit conduct" means actual or simulated genital-genital contact,
oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of
the same or opposite sex, bestiality, masturbation, or sadistic or masochistic abuse.
new text end

new text begin (7) "Visual image" means:
new text end

new text begin (i) any developed or undeveloped photograph, picture, film, or video;
new text end

new text begin (ii) any digital or computer image, picture, film, or video made by any means or
transmitted by any means, including streaming media, even if not stored in a permanent
format; or
new text end

new text begin (iii) any digital or electronic data capable of conversion into a visual image.
new text end

new text begin Subd. 2. new text end

new text begin Crime defined. new text end

new text begin Any person subject to this code:
new text end

new text begin (1) who knowingly and wrongfully broadcasts or distributes an intimate visual image
of another person or a visual image of sexually explicit conduct involving a person who:
new text end

new text begin (i) is at least 18 years of age at the time the intimate visual image or visual image of
sexually explicit conduct was created;
new text end

new text begin (ii) is identifiable from the intimate visual image or visual image of sexually explicit
conduct itself, or from information displayed in connection with the intimate visual image
or visual image of sexually explicit conduct; and
new text end

new text begin (iii) does not explicitly consent to the broadcast or distribution of the intimate visual
image or visual image of sexually explicit conduct;
new text end

new text begin (2) who knows that the intimate visual image or visual image of sexually explicit conduct
was made under circumstances in which the person depicted in the intimate visual image
or visual image of sexually explicit conduct retained a reasonable expectation of privacy
regarding any broadcast or distribution of the intimate visual image or visual image of
sexually explicit conduct;
new text end

new text begin (3) who possesses the intent to broadcast or distribute an intimate visual image or visual
image of sexually explicit conduct:
new text end

new text begin (i) to cause harm, harassment, intimidation, emotional distress, or financial loss for the
person depicted in the intimate visual image or visual image of sexually explicit conduct;
or
new text end

new text begin (ii) to harm substantially the depicted person with respect to that person's health, safety,
business, calling, career, financial condition, reputation, or personal relationships; and
new text end

new text begin (4) whose conduct, under the circumstances, had a reasonably direct and palpable
connection to a military mission or military environment;
new text end

new text begin is guilty of wrongful distribution of intimate visual images or visual images of sexually
explicit conduct and shall be punished as a court-martial may direct.
new text end

Sec. 8.

new text begin [192A.702] FRAUDULENT USE OF CREDIT CARDS, DEBIT CARDS,
AND OTHER ACCESS DEVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Crime defined. new text end

new text begin Any person subject to this code who knowingly, with
intent to defraud, uses:
new text end

new text begin (1) a stolen credit card, debit card, or other access device;
new text end

new text begin (2) a revoked, canceled, or otherwise invalid credit card, debit card, or other access
device; or
new text end

new text begin (3) a credit card, debit card, or other access device without the authorization of a person
whose authorization was required for use, including a government purchase card or
government travel card without conforming to the published federal or Minnesota National
Guard procedures at the time of use;
new text end

new text begin to obtain money, property, services, or anything else of value shall be punished as a
court-martial may direct.
new text end

new text begin Subd. 2. new text end

new text begin Access device defined. new text end

new text begin As used in this section, "access device" has the meaning
given in United States Code, title 18, section 1029.
new text end

Sec. 9.

new text begin [192A.703] UNAUTHORIZED USE OF GOVERNMENT COMPUTER.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (1) "Computer" has the meaning given in United States Code, title 18, section 1030.
new text end

new text begin (2) "Damage" has the meaning given in United States Code, title 18, section 1030.
new text end

new text begin (3) "Government computer" means a computer owned or operated by or on behalf of
the United States government or the state of Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Crime defined. new text end

new text begin Any person subject to this code who:
new text end

new text begin (1) knowingly accesses a government computer with an unauthorized purpose and by
doing so obtains classified information, with reason to believe the information could be
used to the injury of the United States or the state of Minnesota or to the advantage of any
foreign nation, and intentionally communicates, delivers, or transmits or causes to be
communicated, delivered, or transmitted the information to any person not entitled to receive
it;
new text end

new text begin (2) intentionally accesses a government computer with an unauthorized purpose and
thereby obtains classified or other protected information from any government computer;
or
new text end

new text begin (3) knowingly causes the transmission of a program, information, code, or command,
and as a result intentionally causes damage without authorization to a government computer;
new text end

new text begin shall be punished as a court-martial may direct.
new text end

Sec. 10.

new text begin [192A.704] RETALIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (1) "Covered individual or organization" means any recipient of a communication
specified in United States Code, title 10, section 1034(b)(1)(B), clauses (i) to (v).
new text end

new text begin (2) "Inspector general" has the meaning given in United States Code, title 10, section
1034(j).
new text end

new text begin (3) "Protected communication" means:
new text end

new text begin (i) a lawful communication to a member of Congress, a state legislator, or an inspector
general; and
new text end

new text begin (ii) a communication to a covered individual or organization, to include the Office of
the Governor, in which a member of the armed forces complains of, or discloses information
that the member reasonably believes constitutes evidence of any of the following:
new text end

new text begin (A) a violation of law or regulation, including a law or regulation prohibiting sexual
harassment or unlawful discrimination; or
new text end

new text begin (B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial
and specific danger to public health or safety.
new text end

new text begin Subd. 2. new text end

new text begin Crimes defined. new text end

new text begin Any person subject to this code who, with the intent to retaliate
against any person for reporting or planning to report a criminal offense, or making or
planning to make a protected communication, or with the intent to discourage any person
from reporting a criminal offense or making or planning to make a protected communication:
new text end

new text begin (1) wrongfully takes or threatens to take an adverse personnel action against any person;
or
new text end

new text begin (2) wrongfully withholds or threatens to withhold a favorable personnel action with
respect to any person;
new text end

new text begin shall be punished as a court-martial may direct.
new text end

Sec. 11. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall recodify the following sections in article 6: sections 6 to 10,
recodify Minnesota Statutes, section 192A.70 as 192A.6011; section 192A.701 as 192A.6012;
section 192A.702 as section 192A.6013; section 192A.703 as section 192A.6014; and
section 192A.704 as section 192A.6015. The revisor shall correct any cross-references made
necessary by this recodification.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 192A.385, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H0752-1

192A.385 PERSONS TO BE TRIED OR PUNISHED.

Subdivision 1.

Duty status required.

No person may be tried or punished for any offense provided for in sections 192A.39 to 192A.605 unless it was committed while that person was in a duty status as a member of the state military forces not in federal active service.

Subd. 2.

Determination.

Duty status may extend to any soldier while acting in the line of duty or during any consecutive duty periods. Consecutive duty periods run from the time the soldier is required to be at the assigned duty station until the soldier is dismissed from duty. Duty status may be determined by weighing factors including, but not limited to, whether the soldier:

(1) is in uniform;

(2) is attending a unit endorsed event;

(3) is drilling in excess of 50 miles from the soldier's normal duty station;

(4) is involved in an activity which is service-connected;

(5) has been released versus dismissed from duty; and

(6) is staying at lodging provided by the military or at military expense.