HF 3473

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 03:51pm

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
13.785; 192.25; 192.67.

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

Section 1.

Minnesota Statutes 2022, section 13.785, is amended to read:

13.785 VETERANS new text begin OR MILITARY AFFAIRS new text end DATA CODED ELSEWHERE.

Subdivision 1.

Scope.

The sections referred to in this section are codified outside this
chapter. Those sections classify veterans new text begin or military affairs new text end data as other than public, place
restrictions on access to government data, or involve data sharing.

Subd. 2.

Department of Veterans Affairs.

(a) Certain veterans benefits and military
certificates of discharge. Access to military certificates of discharge and to files pertaining
to claims for certain veterans benefits is governed by section 196.08.

(b) Environmental Hazards Information and Assistance Act. Disclosure of summary
data and of the identity of a veteran about whom information is received under sections
196.19 to 196.26, is governed by section 196.25.

Subd. 3.

Veterans rewards and privileges; service officers.

Data maintained by county
veterans service officers are classified under section 197.603.

Subd. 4.

Deceased veterans data.

Data relating to veterans deceased as a result of
service-connected causes are classified under section 197.225.

Subd. 5.

Veterans stable housing.

Data maintained for purposes of the veterans stable
housing initiative is classified under section 196.081.

new text begin Subd. 6. new text end

new text begin Service member data; disclosure to adjutant general. new text end

new text begin Access to data on a
service member of the military forces by the adjutant general of the Minnesota National
Guard is governed by section 192.67, subdivision 2.
new text end

Sec. 2.

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 probable cause exists that a criminal
offense, other than a crime designated as a purely military offense in section 192A.021, has
been committed by any officer or enlisted member of the military forces while on duty
status other than federal duty, the officer or enlisted member may be turned over by superior
officers to the proper civil authorities of the county or municipality in which the offense
occurred for adjudication of such crime, to include imposition of pretrial restraint, but 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. 3.

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 on individuals and private data on individuals, as defined by
section 13.02, subdivisions 3 and 12, pertaining to any service member of the military forces
and maintained by any government entity, including but not limited to new text end investigative reports
and law enforcement data deleted text begin , including but not limited to all data deleted text end collected and defined under
section 13.82 deleted text begin pertaining to any service member of the military forces deleted text end , 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