1.1 	A bill for an act
1.2 	relating to state government; establishing a budget for military and veterans affairs; 
1.3 	making policy and technical changes to various military and veterans affairs 
1.4 	provisions including provisions related to the adjutant general, housing, veterans 
1.5 	benefits, and veterans services; allowing deferred prosecutions for former and 
1.6 	current military members in certain circumstances; classifying data; making changes 
1.7 	to the military code; modifying certain requirements and qualifications; making 
1.8 	jurisdictional and appellate changes; providing punishable offenses under the 
1.9 	military code; providing penalties; appropriating money;amending Minnesota 
1.10 	Statutes 2020, sections 10.578; 15.057; 190.07; 192.67; 192A.02, subdivision 2; 
1.11 	192A.021; 192A.111; 192A.15, subdivisions 1, 2; 192A.155, subdivision 2; 
1.12 	192A.20; 192A.235, subdivision 3; 192A.343, subdivision 3; 192A.353, subdivision 
1.13 	2; 192A.371; 192A.384; 192A.56; 192A.612; 192A.62; 197.791, subdivisions 4, 
1.14 	5, 5a, 5b; 198.006; 198.03, subdivision 2; 606.06; proposing coding for new law 
1.15 	in Minnesota Statutes, chapters 192A; 196; 609; repealing Minnesota Statutes 
1.16 	2020, section 192A.385.
1.17 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.18 	ARTICLE 1
1.19 	APPROPRIATIONS

1.20	Section 1. STATE GOVERNMENT APPROPRIATIONS.
 	
1.21 	The sums shown in the columns marked "Appropriations" are appropriated to the agencies 
1.22 	and for the purposes specified in this article. The appropriations are from the general fund, 
1.23 	or another named fund, and are available for the fiscal years indicated for each purpose. 
1.24 	The figures "2022" and "2023" used in this article mean that the appropriations listed under 
1.25 	them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively. 
1.26 	"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium" 
1.27 	is fiscal years 2022 and 2023.

2.1				APPROPRIATIONS
	
2.2				Available for the Year
	
2.3				Ending June 30
	
2.4					2022
		2023

2.5 	Sec. 2. MILITARY AFFAIRS
 
2.6	Subdivision 1.Total Appropriation
 	$
	24,393,000
	$
	24,589,000
	
2.7 	The amounts that may be spent for each 
2.8 	purpose are specified in the following 
2.9 	subdivisions.

2.10	Subd. 2.Maintenance of Training Facilities
 		9,772,000
		9,842,000

2.11	Subd. 3.General Support
 		3,507,000
		3,633,000

2.12	Subd. 4.Enlistment Incentives
 		11,114,000
		11,114,000
	
2.13 	The appropriations in this subdivision are 
2.14 	available until June 30, 2025, except that any 
2.15 	unspent amounts allocated to a program 
2.16 	otherwise supported by this appropriation are 
2.17 	canceled to the general fund upon receipt of 
2.18 	federal funds in the same amount to support 
2.19 	administration of that program.
2.20 	If the amount for fiscal year 2022 is 
2.21 	insufficient, the amount for 2023 is available 
2.22 	in fiscal year 2022. Any unencumbered 
2.23 	balance does not cancel at the end of the first 
2.24 	year and is available for the second year.

2.25 	Sec. 3. VETERANS AFFAIRS
 
2.26	Subdivision 1.Total Appropriation
 	$
	84,168,000
	$
	84,364,000
	
2.27 	The amounts that may be spent for each 
2.28 	purpose are specified in the following 
2.29 	subdivisions.

3.1	Subd. 2.Veterans Programs and Services
 		22,048,000
		21,678,000
	
3.2 	(a) CORE Program. $750,000 each year is 
3.3 	for the Counseling and Case Management 
3.4 	Outreach Referral and Education (CORE) 
3.5 	program.
3.6 	(b) Veterans Service Organizations.
3.7 	$500,000 each year is for grants to the 
3.8 	following congressionally chartered veterans 
3.9 	service organizations as designated by the 
3.10 	commissioner: Disabled American Veterans, 
3.11 	Military Order of the Purple Heart, the 
3.12 	American Legion, Veterans of Foreign Wars, 
3.13 	Vietnam Veterans of America, AMVETS, and 
3.14 	Paralyzed Veterans of America. This funding 
3.15 	must be allocated in direct proportion to the 
3.16 	funding currently being provided by the 
3.17 	commissioner to these organizations.
3.18 	(c) Minnesota Assistance Council for 
3.19 	Veterans. $750,000 each year is for a grant 
3.20 	to the Minnesota Assistance Council for 
3.21 	Veterans to provide assistance throughout 
3.22 	Minnesota to veterans and their families who 
3.23 	are homeless or in danger of homelessness, 
3.24 	including assistance with the following:
3.25 	(1) utilities;
3.26 	(2) employment; and
3.27 	(3) legal issues.
3.28 	The assistance authorized under this paragraph 
3.29 	must be made only to veterans who have 
3.30 	resided in Minnesota for 30 days prior to 
3.31 	application for assistance and according to 
3.32 	other guidelines established by the 
3.33 	commissioner. In order to avoid duplication 
3.34 	of services, the commissioner must ensure that 
4.1 	this assistance is coordinated with all other 
4.2 	available programs for veterans.
4.3 	(d) State's Veterans Cemeteries. $1,672,000 
4.4 	each year is for the state's veterans cemeteries.
4.5 	(e) Honor Guards. $200,000 each year is for 
4.6 	compensation for honor guards at the funerals 
4.7 	of veterans under Minnesota Statutes, section 
4.8 	197.231.
4.9 	(f) Minnesota GI Bill. $200,000 each year is 
4.10 	for the costs of administering the Minnesota 
4.11 	GI Bill postsecondary educational benefits, 
4.12 	on-the-job training, and apprenticeship 
4.13 	program under Minnesota Statutes, section 
4.14 	197.791.
4.15 	(g) Gold Star Program. $100,000 each year 
4.16 	is for administering the Gold Star Program for 
4.17 	surviving family members of deceased 
4.18 	veterans.
4.19 	(h) County Veterans Service Office.
4.20 	$1,100,000 each year is for funding the 
4.21 	County Veterans Service Office grant program 
4.22 	under Minnesota Statutes, section 197.608.
4.23 	(i) Veteran Homelessness Initiative.
4.24 	$3,018,000 each year is for an initiative to 
4.25 	prevent and end veteran homelessness. The 
4.26 	commissioner of veterans affairs may provide 
4.27 	housing vouchers and other services to 
4.28 	alleviate homelessness among veterans and 
4.29 	former service members in Minnesota. The 
4.30 	commissioner may contract for program 
4.31 	administration and may establish a vacancy 
4.32 	reserve fund. The base for this appropriation 
4.33 	is $1,311,000 in fiscal year 2024 and 
4.34 	$1,311,000 in fiscal year 2025.
5.1 	(j) Independent Lifestyles. $75,000 each year 
5.2 	is appropriated for an ongoing annual grant to 
5.3 	Independent Lifestyles, Inc., for expenses 
5.4 	related to retreats for military veterans at 
5.5 	Camp Bliss in Walker, Minnesota, including 
5.6 	therapy, transportation, and activities 
5.7 	customized for military veterans.
5.8 	(k) Veterans On The Lake. $50,000 in fiscal 
5.9 	year 2022 is appropriated for a grant to 
5.10 	Veterans on the Lake for expenses related to 
5.11 	retreats for veterans including therapy, 
5.12 	transportation, and activities customized for 
5.13 	veterans.
5.14 	(l) Disabled Veterans Rest Camp. $128,000 
5.15 	in fiscal year 2022 is appropriated for a grant 
5.16 	to the Disabled Veterans Rest Camp on Big 
5.17 	Marine Lake in Washington County for 
5.18 	landscape improvements around the new 
5.19 	cabins, including a retaining wall around a 
5.20 	water drainage holding pond and security 
5.21 	fencing with vehicle control gates along the 
5.22 	entrance road. This is a onetime appropriation 
5.23 	and is available until the project is completed 
5.24 	or abandoned, subject to Minnesota Statutes, 
5.25 	section 16A.642.

5.26	Subd. 3.9/11 Task Force
 		400,000
			
5.27 	$400,000 the first year is for the Advisory 
5.28 	Task Force on 9/11 and Global War on 
5.29 	Terrorism Remembrance. The task force must 
5.30 	collect, memorialize, and publish stories of 
5.31 	Minnesotans' service in the Global War on 
5.32 	Terrorism and impacts on their dependents. 
5.33 	The task force must host a remembrance 
5.34 	program in September 2021. This is a onetime 
5.35 	appropriation.

6.1	Subd. 4.Veterans Health Care
 		62,120,000
		62,686,000
	
6.2 	(a) Transfers. These appropriations may be 
6.3 	transferred to a veterans homes special 
6.4 	revenue account in the special revenue fund 
6.5 	in the same manner as other receipts are 
6.6 	deposited according to Minnesota Statutes, 
6.7 	section 198.34, and are appropriated to the 
6.8 	commissioner of veterans affairs for the 
6.9 	operation of veterans homes facilities and 
6.10 	programs.
6.11 	(b) Report. No later than January 15, 2022, 
6.12 	the commissioner must submit a report to the 
6.13 	legislative committees with jurisdiction over 
6.14 	veterans affairs and state government finance 
6.15 	on reserve amounts maintained in the veterans 
6.16 	homes special revenue account. The report 
6.17 	must detail current and historical amounts 
6.18 	maintained as a reserve and uses of those 
6.19 	amounts. The report must also include data on 
6.20 	the use of existing veterans homes, including 
6.21 	current and historical bed capacity and usage, 
6.22 	staffing levels and staff vacancy rates, and 
6.23 	staff-to-resident ratios.
6.24 	(c) Maximize Federal Reimbursements. The 
6.25 	department shall seek opportunities to 
6.26 	maximize federal reimbursements of 
6.27 	Medicare-eligible expenses and provide annual 
6.28 	reports to the commissioner of management 
6.29 	and budget on the federal Medicare 
6.30 	reimbursements received. Contingent upon 
6.31 	future federal Medicare receipts, reductions 
6.32 	to the homes' general fund appropriation may 
6.33 	be made.

7.1	Subd. 5.Veteran Suicide Prevention Initiative
 		$1,000,000
		$650,000
	
7.2 	$1,000,000 the first year and $650,000 the 
7.3 	second year is to address the problem of death 
7.4 	by suicide among veterans in Minnesota. The 
7.5 	commissioner of veterans affairs may use 
7.6 	funds for personnel, training, research, 
7.7 	marketing, and professional or technical 
7.8 	contracts. The base for this appropriation is 
7.9 	$550,000 in fiscal year 2024 and $550,000 in 
7.10 	fiscal year 2025.

7.11	Subd. 6.Veterans Resilience Project; Report
 		50,000
		50,000
	
7.12 	$50,000 each year is appropriated for a grant 
7.13 	to the veterans resilience project. Grant funds 
7.14 	must be used to make eye movement 
7.15 	desensitization and reprocessing therapy 
7.16 	available to veterans and current military 
7.17 	service members who are suffering from 
7.18 	posttraumatic stress disorder and trauma.
7.19 	The veterans resilience project must report to 
7.20 	the commissioner of veterans affairs and the 
7.21 	chairs and ranking minority members of the 
7.22 	legislative committees with jurisdiction over 
7.23 	veterans affairs policy and finance by January 
7.24 	15 of each year on the program. The report 
7.25 	must include: an overview of the program's 
7.26 	budget; a detailed explanation of program 
7.27 	expenditures; the number of veterans and 
7.28 	service members served by the program; and 
7.29 	a list and explanation of the services provided 
7.30 	to program participants.

8.1 	ARTICLE 2
8.2 	VETERANS POLICY

8.3 	Section 1. Minnesota Statutes 2020, section 10.578, is amended to read:
8.4 	10.578 VETERANS SUICIDE PREVENTION AND AWARENESS DAY.
8.5 	The first Saturday of every October is designated Veterans Suicide Prevention and 
8.6 	Awareness Day. Each year, the governor shall issue a proclamation honoring this observance.
8.7 	Each year in conjunction with this observance, the commissioner of veterans affairs shall 
8.8 	coordinate activities that raise awareness of, and promote the prevention of, veteran suicides.

8.9 	Sec. 2. Minnesota Statutes 2020, section 15.057, is amended to read:
8.10 	15.057 PUBLICITY REPRESENTATIVES.
8.11 	No state department, bureau, or division, whether the same operates on funds appropriated 
8.12 	or receipts or fees of any nature whatsoever, except the Department of Veterans Affairs, 
8.13 	the Department of Transportation, the Department of Employment and Economic 
8.14 	Development, the Game and Fish Division, State Agricultural Society, and Explore Minnesota 
8.15 	Tourism shall use any of such funds for the payment of the salary or expenses of a publicity 
8.16 	representative. The head of any such department, bureau, or division shall be personally 
8.17 	liable for funds used contrary to this provision. This section shall not be construed, however, 
8.18 	as preventing any such department, bureau, or division from sending out any bulletins or 
8.19 	other publicity required by any state law or necessary for the satisfactory conduct of the 
8.20 	business for which such department, bureau, or division was created.

8.21 	Sec. 3. Minnesota Statutes 2020, section 190.07, is amended to read:
8.22 	190.07 APPOINTMENT; QUALIFICATIONS; RANK; TERM; VACANCY.
8.23 		Subdivision 1.Qualifications. There shall be an adjutant general of the state who shall 
8.24 	be appointed by the governor within 120 days of a vacancy of the position. The adjutant 
8.25 	general shall be a staff officer, who at the time of appointment shall be a commissioned 
8.26 	officer of the National Guard of this state, with not less than ten years military service in 
8.27 	the National Guard of this state or the armed forces of the United States, at least three of 
8.28 	which shall have been commissioned and who shall have reached, at a minimum, the grade 
8.29 	of a field officer rank of colonel (O-6).
8.30 		Subd. 2.Rank. The adjutant general shall be promoted, if necessary, directly to and 
8.31 	shall hold at least the rank of major general and may be promoted to and including the 
8.32 	highest rank authorized under federal law. However, the adjutant general may not be 
9.1 	promoted to the rank of major general without having at least 20 years service in the 
9.2 	Minnesota National Guard, at least one of which has been in the rank of brigadier general.
9.3 	If not already a major general, the adjutant general's promotion is effective beginning on 
9.4 	the date the governor appoints the adjutant general. At the time of appointment and in 
9.5 	accordance with the authorities governing federal recognition of officers, the adjutant general 
9.6 	is authorized to wear the rank of major general.
9.7 		Subd. 3.Term. The term of the adjutant general is for a single term of seven years from 
9.8 	the date of appointment. Section 15.06, subdivisions 3, 4, and 5, governs filling of vacancies 
9.9 	in the Office of Adjutant General. The adjutant general shall not be removed from office 
9.10 	during a term except upon withdrawal of federal recognition or as otherwise provided by 
9.11 	the military laws of this state.
9.12 		Subd. 4.Vacancy; acting or temporary adjutant general. In the event of a vacancy 
9.13 	of the adjutant general, the governor may appoint a person qualified under subdivision 1 as 
9.14 	an acting adjutant general. If the governor does not appoint an acting adjutant general, the 
9.15 	deputy adjutant general as defined in section 190.09, subdivision 1, shall become temporary 
9.16 	adjutant general without further official action. Upon taking office, the acting or temporary 
9.17 	adjutant general shall have all the powers and emoluments and perform all the duties of the 
9.18 	office of adjutant general until a permanent adjutant general is appointed.

9.19 	Sec. 4. [196.081] VETERANS STABLE HOUSING INITIATIVE; DATA.
9.20 	(a) The commissioner may establish a veterans stable housing initiative. If the 
9.21 	commissioner establishes a veterans stable housing initiative under this section, the 
9.22 	commissioner must provide resources and support to assist veterans experiencing 
9.23 	homelessness in obtaining or maintaining stable housing.
9.24 	(b) Data on individuals maintained by the commissioner in the Homeless Veteran Registry 
9.25 	for purposes of the veterans stable housing initiative is private data on individuals as defined 
9.26 	in section 13.02, subdivision 12, and must not be disclosed or shared except for coordinating 
9.27 	homelessness prevention efforts with:
9.28 	(1) members of the Minnesota Interagency Council on Homelessness; and
9.29 	(2) Homeless Veteran Registry partners to address a veteran's episode of homelessness 
9.30 	or maintain a veteran's housing plan through Department of Veterans Affairs funded 
9.31 	programs.
9.32 	(c) For purposes of this section, "homelessness" means that a veteran lacks a fixed, 
9.33 	nighttime residence.

10.1 	Sec. 5. Minnesota Statutes 2020, section 197.791, subdivision 4, is amended to read:
10.2 		Subd. 4.Eligibility. (a) A person is eligible for educational assistance under subdivisions
10.3 	subdivision 5 and 5a if:
10.4 	(1) the person is:
10.5 	(i) a veteran who is serving or has served honorably in any branch or unit of the United 
10.6 	States armed forces at any time;
10.7 	(ii) a nonveteran who has served honorably for a total of five years or more cumulatively 
10.8 	as a member of the Minnesota National Guard or any other active or reserve component of 
10.9 	the United States armed forces, and any part of that service occurred on or after September 
10.10 	11, 2001;
10.11 	(iii) the surviving spouse or child of a person who has served in the military and who 
10.12 	has died as a direct result of that military service, only if the surviving spouse or child is 
10.13 	eligible to receive federal education benefits under United States Code, title 38, chapter 33, 
10.14 	as amended, or United States Code, title 38, chapter 35, as amended; or
10.15 	(iv) the spouse or child of a person who has served in the military at any time and who 
10.16 	has a total and permanent service-connected disability as rated by the United States Veterans 
10.17 	Administration, only if the spouse or child is eligible to receive federal education benefits 
10.18 	under United States Code, title 38, chapter 33, as amended, or United States Code, title 38, 
10.19 	chapter 35, as amended; and
10.20 	(2) the person receiving the educational assistance is a Minnesota resident, as defined 
10.21 	in section 136A.101, subdivision 8; and
10.22 	(3) the person receiving the educational assistance:
10.23 	(i) is an undergraduate or graduate student at an eligible institution;
10.24 	(ii) is maintaining satisfactory academic progress as defined by the institution for students 
10.25 	participating in federal Title IV programs;
10.26 	(iii) is enrolled in an education program leading to a certificate, diploma, or degree at 
10.27 	an eligible institution;
10.28 	(iv) has applied for educational assistance under this section prior to the end of the 
10.29 	academic term for which the assistance is being requested;
10.30 	(v) is in compliance with child support payment requirements under section 136A.121, 
10.31 	subdivision 2, clause (5); and
11.1 	(vi) has completed the Free Application for Federal Student Aid (FAFSA).
11.2 	(b) A person's eligibility terminates when the person becomes eligible for benefits under 
11.3 	section 135A.52.
11.4 	(c) To determine eligibility, the commissioner may require official documentation, 
11.5 	including the person's federal form DD-214 or other official military discharge papers; 
11.6 	correspondence from the United States Veterans Administration; birth certificate; marriage 
11.7 	certificate; proof of enrollment at an eligible institution; signed affidavits; proof of residency; 
11.8 	proof of identity; or any other official documentation the commissioner considers necessary 
11.9 	to determine eligibility.
11.10 	(d) The commissioner may deny eligibility or terminate benefits under this section to 
11.11 	any person who has not provided sufficient documentation to determine eligibility for the 
11.12 	program. An applicant may appeal the commissioner's eligibility determination or termination 
11.13 	of benefits in writing to the commissioner at any time. The commissioner must rule on any 
11.14 	application or appeal within 30 days of receipt of all documentation that the commissioner 
11.15 	requires. The decision of the commissioner regarding an appeal is final. However, an 
11.16 	applicant whose appeal of an eligibility determination has been rejected by the commissioner 
11.17 	may submit an additional appeal of that determination in writing to the commissioner at 
11.18 	any time that the applicant is able to provide substantively significant additional information 
11.19 	regarding the applicant's eligibility for the program. An approval of an applicant's eligibility 
11.20 	by the commissioner following an appeal by the applicant is not retroactively effective for 
11.21 	more than one year or the semester of the person's original application, whichever is later.
11.22 	(e) Upon receiving an application with insufficient documentation to determine eligibility, 
11.23 	the commissioner must notify the applicant within 30 days of receipt of the application that 
11.24 	the application is being suspended pending receipt by the commissioner of sufficient 
11.25 	documentation from the applicant to determine eligibility.

11.26 	Sec. 6. Minnesota Statutes 2020, section 197.791, subdivision 5, is amended to read:
11.27 		Subd. 5.Educational assistance amount. (a) On approval by the commissioner of 
11.28 	eligibility for the program, the applicant shall be awarded, on a funds-available basis, the 
11.29 	educational assistance under the program for use at any time according to program rules at 
11.30 	any eligible institution.
11.31 	(b) The amount of educational assistance in any semester or term for an eligible person 
11.32 	must be determined by subtracting from the eligible person's cost of attendance the amount 
11.33 	the person received or was eligible to receive in that semester or term from:
12.1 	(1) the federal Pell Grant;
12.2 	(2) the state grant program under section 136A.121; and
12.3 	(3) any federal military or veterans educational benefits including but not limited to the 
12.4 	Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program, vocational 
12.5 	rehabilitation benefits, and any other federal benefits associated with the person's status as 
12.6 	a veteran, except veterans disability payments from the United States Department of Veterans 
12.7 	Administration and payments made under the Veterans Retraining Assistance Program 
12.8 	(VRAP) Affairs.
12.9 	(c) The amount of educational assistance for any eligible person who is a full-time 
12.10 	student must not exceed the following:
12.11 	(1) $3,000 per state fiscal year; and
12.12 	(2) $10,000 in a lifetime.
12.13 	(d) For a part-time student, the amount of educational assistance must not exceed $500 
12.14 	per semester or term of enrollment. For the purpose of this paragraph, a part-time 
12.15 	undergraduate student is a student taking fewer than 12 credits or the equivalent for a 
12.16 	semester or term of enrollment and a part-time graduate student is a student considered part 
12.17 	time by the eligible institution the graduate student is attending. The minimum award for 
12.18 	undergraduate and graduate students is $50 per term.

12.19 	Sec. 7. Minnesota Statutes 2020, section 197.791, subdivision 5a, is amended to read:
12.20 		Subd. 5a.Apprenticeship and on-the-job training. (a) The commissioner, in 
12.21 	consultation with the commissioners of employment and economic development and labor 
12.22 	and industry, shall develop and implement an apprenticeship and on-the-job training program 
12.23 	to administer a portion of the Minnesota GI Bill program to pay benefit amounts to eligible 
12.24 	persons, as provided in this subdivision.
12.25 	(b) An "eligible employer" means an employer operating a qualifying apprenticeship or 
12.26 	on-the-job training program that has been approved by the commissioner.
12.27 	(c) A person is eligible for apprenticeship and on-the-job training assistance under this 
12.28 	subdivision if the person meets the criteria established under subdivision 4, paragraph (a). 
12.29 	The commissioner may determine eligibility as provided in subdivision 4, paragraph (c), 
12.30 	and may deny or terminate benefits as prescribed under subdivision 4, paragraphs (d) and 
12.31 	(e). The amount of assistance paid to or on behalf of an eligible individual under this 
12.32 	subdivision must not exceed the following:
13.1 	(c) A person is eligible for apprenticeship and on-the-job training assistance under this 
13.2 	subdivision if the person is:
13.3 	(1) a veteran who is serving or has served honorably in any branch or unit of the United 
13.4 	States armed forces at any time;
13.5 	(2) a nonveteran who has served honorably for a total of five years or more cumulatively 
13.6 	as a member of the Minnesota National Guard or any other active or reserve component of 
13.7 	the United States armed forces, and any part of that service occurred on or after September 
13.8 	11, 2001;
13.9 	(3) the surviving spouse or child of a person who has served in the military and who has 
13.10 	died as a direct result of that military service, only if the surviving spouse or child is eligible 
13.11 	to receive federal education benefits under United States Code, title 38, chapter 33, as 
13.12 	amended, or United States Code, title 38, chapter 35, as amended; or
13.13 	(4) the spouse or child of a person who has served in the military at any time and who 
13.14 	has a total and permanent service-connected disability as rated by the United States Veterans 
13.15 	Administration, only if the spouse or child is eligible to receive federal education benefits 
13.16 	under United States Code, title 38, chapter 33, as amended, or United States Code, title 38, 
13.17 	chapter 35.
13.18 	(d) The amount of assistance paid to or on behalf of an eligible individual under this 
13.19 	subdivision must not exceed the following:
13.20 	(1) $3,000 per fiscal year for apprenticeship expenses;
13.21 	(2) $3,000 per fiscal year for on-the-job training;
13.22 	(3) $1,000 for a job placement credit payable to an eligible employer upon hiring and 
13.23 	completion of six consecutive months' employment of a person receiving assistance under 
13.24 	this subdivision; and
13.25 	(4) $1,000 for a job placement credit payable to an eligible employer after a person 
13.26 	receiving assistance under this subdivision has been employed by the eligible employer for 
13.27 	at least 12 consecutive months as a full-time employee.
13.28 	(e) No more than $5,000 in aggregate benefits under this paragraph subdivision may be 
13.29 	paid to or on behalf of an individual in one fiscal year, and not more than $10,000 in 
13.30 	aggregate benefits under this paragraph may be paid to or on behalf of an individual over 
13.31 	any period of time.
14.1 	(f) If an eligible person receives benefits under subdivision 5 or 5b, the eligible person's 
14.2 	aggregate benefits under this subdivision, subdivisions 5, and 5b, must not exceed $10,000 
14.3 	in the eligible person's lifetime.
14.4 	(d) (g) Assistance for apprenticeship expenses and on-the-job training is available for 
14.5 	qualifying programs, which must, at a minimum, meet the following criteria:
14.6 	(1) the training must be with an eligible employer;
14.7 	(2) the training must be documented and reported;
14.8 	(3) the training must reasonably be expected to lead to an entry-level position; and
14.9 	(4) the position must require at least six months of training to become fully trained.

14.10 	Sec. 8. Minnesota Statutes 2020, section 197.791, subdivision 5b, is amended to read:
14.11 		Subd. 5b.Additional professional or educational benefits. (a) The commissioner shall 
14.12 	develop and implement a program to administer a portion of the Minnesota GI Bill program 
14.13 	to pay additional benefit amounts to eligible persons as provided under this subdivision.
14.14 	(b) A person is eligible for additional benefits under this subdivision if the person meets 
14.15 	the criteria established under subdivision 4, paragraph (a), clause (1). The commissioner 
14.16 	may determine eligibility as provided in subdivision 4, paragraph (c), and may deny or 
14.17 	terminate benefits as prescribed under subdivision 4, paragraphs (d) and (e). The amount 
14.18 	of assistance paid to or on behalf of an eligible individual under this subdivision must not 
14.19 	exceed the following amounts:
14.20 	(b) A person is eligible for additional benefits under this subdivision if the person is:
14.21 	(1) a veteran who is serving or has served honorably in any branch or unit of the United 
14.22 	States armed forces at any time;
14.23 	(2) a nonveteran who has served honorably for a total of five years or more cumulatively 
14.24 	as a member of the Minnesota National Guard or any other active or reserve component of 
14.25 	the United States armed forces, and any part of that service occurred on or after September 
14.26 	11, 2001;
14.27 	(3) the surviving spouse or child of a person who has served in the military and who has 
14.28 	died as a direct result of that military service, only if the surviving spouse or child is eligible 
14.29 	to receive federal education benefits under United States Code, title 38, chapter 33, as 
14.30 	amended, or United States Code, title 38, chapter 35, as amended; or
15.1 	(4) the spouse or child of a person who has served in the military at any time and who 
15.2 	has a total and permanent service-connected disability as rated by the United States Veterans 
15.3 	Administration, only if the spouse or child is eligible to receive federal education benefits 
15.4 	under United States Code, title 38, chapter 33, as amended, or United States Code, title 38, 
15.5 	chapter 35.
15.6 	(c) The amount of assistance paid to or on behalf of an eligible individual under this 
15.7 	subdivision must not exceed the following amounts:
15.8 	(1) $3,000 per state fiscal year; and
15.9 	(2) $10,000 in a lifetime.
15.10 	(d) If an eligible person receives benefits under subdivision 5 or 5a, the eligible person's 
15.11 	aggregate benefits under this subdivision, subdivisions 5, and 5a, must not exceed $10,000 
15.12 	in the eligible person's lifetime.
15.13 	(c) (e) A person eligible under this subdivision may use the benefit amounts for the 
15.14 	following purposes:
15.15 	(1) licensing or certification tests, the successful completion of which demonstrates an 
15.16 	individual's possession of the knowledge or skill required to enter into, maintain, or advance 
15.17 	in employment in a predetermined and identified vocation or profession, provided that the 
15.18 	tests and the licensing or credentialing organizations or entities that offer the tests are 
15.19 	approved by the commissioner;
15.20 	(2) tests for admission to institutions of higher learning or graduate schools;
15.21 	(3) national tests providing an opportunity for course credit at institutions of higher 
15.22 	learning;
15.23 	(4) a preparatory course for a test that is required or used for admission to an institution 
15.24 	of higher education or a graduate program; and
15.25 	(5) any fee associated with the pursuit of a professional or educational objective specified 
15.26 	in clauses (1) to (4).
15.27 	(d) If an eligible person receives benefits under subdivision 5, the eligible person's 
15.28 	aggregate benefits under this subdivision and subdivision 5 must not exceed $10,000 in the 
15.29 	eligible person's lifetime.
15.30 	(e) If an eligible person receives benefits under subdivision 5a, the eligible person's 
15.31 	aggregate benefits under this subdivision and subdivision 5a must not exceed $10,000 in 
15.32 	the eligible person's lifetime.

16.1 	Sec. 9. Minnesota Statutes 2020, section 198.006, is amended to read:
16.2 	198.006 SUPPLEMENTAL PROGRAMS.
16.3 	(a) The commissioner shall must work with federal, state, local, and private agencies to 
16.4 	develop alternative institutional and noninstitutional care programs for veterans to supplement 
16.5 	the mission of the homes. Veterans shall be afforded the least restrictive, most appropriate 
16.6 	level of care available.
16.7 	(b) The commissioner may provide adult day care center programs that offer therapeutic 
16.8 	and rehabilitation health care services to veterans and support services for caregivers of 
16.9 	veterans. If the commissioner provides adult day care center programs, the commissioner 
16.10 	may collect fees from program participants. The commissioner is authorized to apply for 
16.11 	and accept federal funding for purposes of this paragraph.
16.12 	(c) The commissioner may work with federal, state, local, and private entities to make 
16.13 	available appropriate dental services for veterans homes residents. The commissioner may 
16.14 	engage with the United States Department of Veterans Affairs to support the dental benefits 
16.15 	program authorized under this paragraph.

16.16 	Sec. 10. Minnesota Statutes 2020, section 198.03, subdivision 2, is amended to read:
16.17 		Subd. 2.Cost of care. The commissioner shall set out in rules the method of calculating 
16.18 	the average cost of care for the domiciliary and nursing care residents. The cost must be 
16.19 	determined yearly based upon the average cost per resident taking into account, but not 
16.20 	limited to, administrative cost of the homes, the cost of service available to the resident, 
16.21 	and food and lodging costs. These average costs must be calculated separately for domiciliary 
16.22 	and nursing care residents. The amount charged each resident for maintenance, if anything, 
16.23 	must be based on the appropriate average cost of care calculation and the assets and income 
16.24 	of the resident but must not exceed the appropriate average cost of care.
16.25 	Beginning July 1, 2021, the Personal Needs Allowance (PNA) for domiciliary residents 
16.26 	shall be based on the Minnesota Department of Human Services' (DHS) most recent General 
16.27 	Assistance program PNA and will be in effect the same date as the DHS PNA is in effect. 
16.28 	Thereafter, the PNA must be adjusted and put into effect each year or each time DHS adjusts 
16.29 	the PNA.

17.1 	Sec. 11. [609.1056] MILITARY VETERANS; CRIMES COMMITTED BECAUSE 
17.2 	OF CONDITIONS RESULTING FROM SERVICE; DISCHARGE AND DISMISSAL.
17.3 		Subdivision 1.Definitions. As used in this section, the following terms have the meanings 
17.4 	given:
17.5 	(1) "applicable condition" means sexual trauma, traumatic brain injury, posttraumatic 
17.6 	stress disorder, substance abuse, or a mental health condition;
17.7 	(2) "eligible offense" means any misdemeanor or gross misdemeanor, and any felony 
17.8 	that is ranked at severity level 7 or lower or D7 or lower on the Sentencing Guidelines grid;
17.9 	(3) "pretrial diversion" means the decision of a prosecutor to refer a defendant to a 
17.10 	diversion program on condition that the criminal charges against the defendant shall be 
17.11 	dismissed after a specified period of time, or the case shall not be charged, if the defendant 
17.12 	successfully completes the program of treatment recommended by the United States 
17.13 	Department of Veterans Affairs or a local, state, federal, or private nonprofit treatment 
17.14 	program; and
17.15 	(4) "veterans treatment court program" means a program that has the following essential 
17.16 	characteristics:
17.17 	(i) the integration of services in the processing of cases in the judicial system;
17.18 	(ii) the use of a nonadversarial approach involving prosecutors and defense attorneys to 
17.19 	promote public safety and to protect the due process rights of program participants;
17.20 	(iii) early identification and prompt placement of eligible participants in the program;
17.21 	(iv) access to a continuum of alcohol, controlled substance, mental health, and other 
17.22 	related treatment and rehabilitative services;
17.23 	(v) careful monitoring of treatment and services provided to program participants;
17.24 	(vi) a coordinated strategy to govern program responses to participants' compliance;
17.25 	(vii) ongoing judicial interaction with program participants;
17.26 	(viii) monitoring and evaluation of program goals and effectiveness;
17.27 	(ix) continuing interdisciplinary education to promote effective program planning, 
17.28 	implementation, and operations;
17.29 	(x) development of partnerships with public agencies and community organizations, 
17.30 	including the United States Department of Veterans Affairs; and
18.1 	(xi) inclusion of a participant's family members who agree to be involved in the treatment 
18.2 	and services provided to the participant under the program.
18.3 		Subd. 2.Deferred prosecution. (a) The court shall defer prosecution for an eligible 
18.4 	offense committed by a defendant who was, or currently is, a member of the United States 
18.5 	military as provided in this subdivision. The court shall do this at the request of the defendant 
18.6 	upon a finding of guilty after trial or upon a guilty plea.
18.7 	(b) A defendant who requests to be sentenced under this subdivision shall release or 
18.8 	authorize access to military service reports and records relating to the alleged applicable 
18.9 	condition. The court must file the records as confidential and designate that they remain 
18.10 	sealed, except as provided in this paragraph. In addition, the court may request, through 
18.11 	existing resources, an assessment of the defendant. The defendant, through existing records 
18.12 	or licensed professional evaluation, shall establish the diagnosis of the condition, that it was 
18.13 	caused by military service, and that the offense was committed as a result of the condition. 
18.14 	The court, on its own motion or the prosecutor's motion, with notice to defense counsel, 
18.15 	may order the defendant to furnish to the court for in-camera review or to the prosecutor 
18.16 	copies of all medical and military service reports and records previously or subsequently 
18.17 	made concerning the defendant's condition and its connection to service.
18.18 	(c) Based on the record, the court shall determine whether, by clear and convincing 
18.19 	evidence: (1) the defendant suffered from an applicable condition at the time of the offense; 
18.20 	(2) the applicable condition was caused by service in the United States military; and (3) the 
18.21 	offense was committed as a result of the applicable condition. Within 15 days of the court's 
18.22 	determination, either party may file a challenge to the determination and demand a hearing 
18.23 	on the defendant's eligibility under this subdivision.
18.24 	(d) If the court makes the determination described in paragraph (c), the court shall, 
18.25 	without entering a judgment of guilty, defer further proceedings and place the defendant 
18.26 	on probation upon such reasonable conditions as it may require and for a period not to 
18.27 	exceed the maximum period provided by law. A court may extend a defendant's term of 
18.28 	probation pursuant to section 609.135, subdivision 2, paragraphs (g) and (h). Conditions 
18.29 	ordered by the court must include treatment, services, rehabilitation, and education sufficient 
18.30 	so that if completed, the defendant would be eligible for discharge and dismissal under 
18.31 	subdivision 3. In addition, the court shall order that the defendant undergo a chemical use 
18.32 	assessment that includes a recommended level of care for the defendant in accordance with 
18.33 	the criteria contained in rules adopted by the commissioner of human services under section 
18.34 	254A.03, subdivision 3.
19.1 	(e) If the court determines that the defendant is eligible for a deferred sentence but the 
19.2 	defendant has previously received one for a felony offense under this subdivision, the court 
19.3 	may, but is not required to, impose a deferred sentence. If the court does not impose a 
19.4 	deferred sentence, the court may sentence the defendant as otherwise provided in law, 
19.5 	including as provided in subdivision 4.
19.6 	(f) Upon violation of a condition of probation, the court may enter an adjudication of 
19.7 	guilt and proceed as otherwise provided in law, including as provided in subdivision 4.
19.8 	(g) As a condition of probation, the court may order the defendant to attend a local, state, 
19.9 	federal, or private nonprofit treatment program for a period not to exceed the maximum 
19.10 	period for which the defendant could have been incarcerated.
19.11 	(h) The court, when issuing an order under this subdivision that a defendant attend an 
19.12 	established treatment program, shall give preference to a treatment program that has a history 
19.13 	of successfully treating veterans who suffer from applicable conditions caused by military 
19.14 	service, including but not limited to programs operated by the United States Department of 
19.15 	Defense or Veterans Affairs.
19.16 	(i) The court and any assigned treatment program shall collaborate with, when available, 
19.17 	the county veterans service officer and the United States Department of Veterans Affairs 
19.18 	to maximize benefits and services provided to the defendant.
19.19 	(j) If available in the county or judicial district having jurisdiction over the case, the 
19.20 	defendant may be supervised by a veterans treatment court program under subdivision 5. 
19.21 	If there is a veterans treatment court that meets the requirements of subdivision 5 in the 
19.22 	county in which the defendant resides or works, supervision of the defendant may be 
19.23 	transferred to that county or judicial district veterans treatment court program. Upon the 
19.24 	defendant's successful or unsuccessful completion of the program, the veterans treatment 
19.25 	court program shall communicate this information to the court of original jurisdiction for 
19.26 	further action.
19.27 	(k) Sentencing pursuant to this subdivision waives any right to administrative review 
19.28 	pursuant to section 169A.53, subdivision 1, or judicial review pursuant to section 169A.53, 
19.29 	subdivision 2, for a license revocation or cancellation imposed pursuant to section 169A.52, 
19.30 	and also waives any right to administrative review pursuant to section 171.177, subdivision 
19.31 	10, or judicial review pursuant to section 171.177, subdivision 11, for a license revocation 
19.32 	or cancellation imposed pursuant to section 171.177, if that license revocation or cancellation 
19.33 	is the result of the same incident that is being sentenced.
20.1 		Subd. 3.Discharge and dismissal. (a) Upon the expiration of the period of the defendant's 
20.2 	probation the court shall hold a hearing to discharge the defendant from probation and 
20.3 	determine whether to dismiss the proceedings against a defendant who received a deferred 
20.4 	sentence under subdivision 2. The hearing shall be scheduled so that the parties have adequate 
20.5 	time to prepare and present arguments regarding the issue of dismissal. The parties may 
20.6 	submit written arguments to the court prior to the date of the hearing and may make oral 
20.7 	arguments before the court at the hearing. The defendant must be present at the hearing 
20.8 	unless excused under Minnesota Rules of Criminal Procedure, rule 26.03, subdivision 1, 
20.9 	clause (3).
20.10 	(b) The court shall provide notice to any identifiable victim of the offense at least 15 
20.11 	days before the hearing is held. Notice to victims of the offense under this subdivision must 
20.12 	specifically inform the victim of the right to submit an oral or written statement to the court 
20.13 	at the time of the hearing describing the harm suffered by the victim as a result of the crime 
20.14 	and the victim's recommendation on whether dismissal should be granted or denied. The 
20.15 	judge shall consider the victim's statement when making a decision. If a victim notifies the 
20.16 	prosecutor of an objection to dismissal and is not present at the hearing, the prosecutor shall 
20.17 	make the objections known to the court.
20.18 	(c) The court shall dismiss proceedings against a defendant if the court finds by clear 
20.19 	and convincing evidence that the defendant:
20.20 	(1) is in substantial compliance with the conditions of probation;
20.21 	(2) has successfully participated in court-ordered treatment and services to address the 
20.22 	applicable condition caused by military service;
20.23 	(3) does not represent a danger to the health or safety of victims or others; and
20.24 	(4) has demonstrated significant benefit from court-ordered education, treatment, or 
20.25 	rehabilitation to clearly show that a discharge and dismissal under this subdivision is in the 
20.26 	interests of justice.
20.27 	(d) In determining the interests of justice, the court shall consider, among other factors, 
20.28 	all of the following:
20.29 	(1) the defendant's completion and degree of participation in education, treatment, and 
20.30 	rehabilitation as ordered by the court;
20.31 	(2) the defendant's progress in formal education;
20.32 	(3) the defendant's development of career potential;
21.1 	(4) the defendant's leadership and personal responsibility efforts;
21.2 	(5) the defendant's contribution of service in support of the community;
21.3 	(6) the level of harm to the community from the offense; and
21.4 	(7) the statement of the victim, if any.
21.5 	(e) If the court finds that the defendant does not qualify for discharge and dismissal 
21.6 	under paragraph (c), the court shall enter an adjudication of guilt and proceed as otherwise 
21.7 	provided in law, including as provided in subdivision 4.
21.8 	(f) Discharge and dismissal under this subdivision shall be without court adjudication 
21.9 	of guilt, but a not public record of the discharge and dismissal shall be retained by the Bureau 
21.10 	of Criminal Apprehension for the purpose of use by the courts in determining the merits of 
21.11 	subsequent proceedings against the defendant. The not public record may also be opened 
21.12 	only upon court order for purposes of a criminal investigation, prosecution, or sentencing. 
21.13 	Upon request by law enforcement, prosecution, or corrections authorities, the bureau shall 
21.14 	notify the requesting party of the existence of the not public record and the right to seek a 
21.15 	court order to open the not public record under this paragraph. The court shall forward a 
21.16 	record of any discharge and dismissal under this subdivision to the bureau, which shall 
21.17 	make and maintain the not public record of the discharge and dismissal. The discharge and 
21.18 	dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities 
21.19 	imposed by law upon conviction of a crime or for any other purpose. For purposes of this 
21.20 	paragraph, "not public" has the meaning given in section 13.02, subdivision 8a.
21.21 		Subd. 4.Sentencing departure; waiver of mandatory sentence. (a) This subdivision 
21.22 	applies to defendants who plead or are found guilty of any criminal offense except one for 
21.23 	which registration is required under section 243.166, subdivision 1b.
21.24 	(b) Prior to sentencing, a defendant described in paragraph (a) may present proof to the 
21.25 	court that the defendant has, since the commission of the offense, engaged in rehabilitative 
21.26 	efforts consistent with those described in this section. If the court determines that the 
21.27 	defendant has engaged in substantial rehabilitative efforts and the defendant establishes by 
21.28 	clear and convincing evidence that:
21.29 	(1) the defendant suffered from an applicable condition at the time of the offense;
21.30 	(2) the applicable condition was caused by service in the United States military; and
21.31 	(3) the offense was committed as a result of the applicable condition;
22.1 	the court may determine that the defendant is particularly amenable to probation and order 
22.2 	a mitigated durational or dispositional sentencing departure or a waiver of any statutory 
22.3 	mandatory minimum sentence applicable to the defendant.
22.4 		Subd. 5.Optional veterans treatment court program; procedures for eligible 
22.5 	defendants. A county or judicial district may supervise probation under this section through 
22.6 	a veterans treatment court, using county veterans service officers appointed under sections 
22.7 	197.60 to 197.606, United States Department of Veterans Affairs veterans justice outreach 
22.8 	specialists, probation agents, and any other rehabilitative resources available to the court.
22.9 		Subd. 6.Creation of county and city diversion programs; authorization. Any county 
22.10 	or city may establish and operate a veterans pretrial diversion program for offenders eligible 
22.11 	under subdivision 2 without penalty under section 477A.0175.
22.12 		Subd. 7.Exception. This section does not apply to a person charged with an offense for 
22.13 	which registration is required under section 243.166, subdivision 1b.

22.14 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
22.15 	committed on or after that date.

22.16 	Sec. 12. REVISOR INSTRUCTION.
 22.17 	The revisor of statutes must renumber the provisions of Minnesota Statutes listed in 
22.18 	column A to the references listed in column B. The revisor must also make necessary 
22.19 	cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the 
22.20 	renumbering.

22.21		Column A
	Column B
	
22.22		197.791, subdivision 5a
	197.791, subdivision 6
	
22.23		197.791, subdivision 5b
	197.791, subdivision 7
	
22.24		197.791, subdivision 6
	197.791, subdivision 8

22.25 	ARTICLE 3
22.26 	DATA ACCESS

22.27 	Section 1. Minnesota Statutes 2020, section 192.67, is amended to read:
22.28 	192.67 OFFENDERS; TRANSFER TO CIVIL AUTHORITIES; SERVICE 
22.29 	MEMBER DATA.
22.30 		Subdivision 1.Transfer to civil authorities. When any felony criminal offense is 
22.31 	committed by any officer or enlisted member of the military forces while on duty status 
22.32 	other than active state federal duty, the officer or enlisted member shall be turned over by 
23.1 	superior officers to the proper civil authorities of the county or municipality in which the 
23.2 	offense occurred for punishment for such crime, but such trial and punishment by the civil 
23.3 	authorities shall not preclude trial and additional punishment or dismissal from the service 
23.4 	by court-martial for any military offense resulting from the commission of said crime.
23.5 		Subd. 2.Service member data. Notwithstanding any provision of chapter 13 or other 
23.6 	state law, all investigative reports and law enforcement data, including but not limited to 
23.7 	all data collected and defined under section 13.82 pertaining to any service member of the 
23.8 	military forces must be made accessible to the adjutant general of the Minnesota National 
23.9 	Guard upon request of the Office of the State Judge Advocate. All information, data, and 
23.10 	records obtained under this subdivision may be accessed, copied, transmitted, or provided 
23.11 	to the adjutant general without a court order or request from the subject of the data when 
23.12 	the matter involves any officer or enlisted member of the military forces. The adjutant 
23.13 	general may only use data made accessible under this subdivision in support of military 
23.14 	justice and Minnesota National Guard administrative and disciplinary actions.

23.15 	ARTICLE 4
23.16 	BAR ADMISSION; JUDICIAL QUALIFICATIONS

23.17 	Section 1. [192A.041] PRACTICE OF MILITARY LAW.
23.18 	Any commissioned officer of a United States state or territory military force who meets 
23.19 	the following qualifications may be accepted by the state judge advocate to conduct any 
23.20 	and all administrative or Minnesota Code of Military Justice activities under this code and 
23.21 	is exempt from section 481.02:
23.22 	(1) has served as a member of the Judge Advocate Generals Corps for not less than two 
23.23 	years;
23.24 	(2) is currently certified as competent for such duty by the Judge Advocate General of 
23.25 	the military force of which the individual is a member; and
23.26 	(3) is a member of good standing of the bar of the highest court of any state.

23.27 	Sec. 2. Minnesota Statutes 2020, section 192A.15, subdivision 1, is amended to read:
23.28 		Subdivision 1.Establishment. There is hereby established a military judge system for 
23.29 	the state military forces. The military judge system shall be in the Military Department 
23.30 	under the command of the adjutant general. It shall consist of at least two military judges, 
23.31 	a number of legal clerks equal to the number of judges and such additional military staff as 
23.32 	is necessary.

24.1 	Sec. 3. Minnesota Statutes 2020, section 192A.15, subdivision 2, is amended to read:
24.2 		Subd. 2.Qualifications of military judge. A military judge shall be a commissioned 
24.3 	officer of the state military forces who has been a member of the bar of this any state for at 
24.4 	least six years, who has served as a member of the Judge Advocate Generals Corps for not 
24.5 	less than three years, and who is certified to be qualified for such duty by the state Judge 
24.6 	Advocate General of the armed force of which the officer is a member, and who is accepted 
24.7 	by the state judge advocate to conduct any and all administrative or Minnesota Code of 
24.8 	Military Justice activities under this code.

24.9 	Sec. 4. Minnesota Statutes 2020, section 192A.155, subdivision 2, is amended to read:
24.10 		Subd. 2.Qualifications of counsel. Trial counsel or defense counsel detailed for a 
24.11 	general, special, or summary court-martial:
24.12 	(1) must be a person who is a member of the bar of the highest court of the any state, or 
24.13 	a member of the bar of a federal court; and
24.14 	(2) must be certified as competent to perform such duties by the state Judge Advocate
24.15 	General of the armed force of which the individual is a member.

24.16 	ARTICLE 5
24.17 	JURISDICTION CHANGES

24.18 	Section 1. Minnesota Statutes 2020, section 192A.02, subdivision 2, is amended to read:
24.19 		Subd. 2.Military service in Minnesota. This code also applies to all persons in the 
24.20 	military while they are serving within this state and while they are under the command of 
24.21 	a commissioned officer of the state military forces. to a member of the military when the 
24.22 	member is in a status provided for by United States Code, title 32, a regulation adopted 
24.23 	pursuant to United States Code, title 32, or in state active service. This military service 
24.24 	includes:
24.25 	(1) travel to and from the inactive-duty training site of the member, pursuant to orders 
24.26 	or regulations;
24.27 	(2) intervals between consecutive periods of inactive-duty training on the same day, 
24.28 	pursuant to orders or regulations; and
24.29 	(3) intervals between inactive-duty training on consecutive days, pursuant to orders or 
24.30 	regulations.

25.1 	Sec. 2. Minnesota Statutes 2020, section 192A.384, is amended to read:
25.2 	192A.384 OFFENSES SUBJECT TO COURT-MARTIAL.
25.3 	The jurisdiction of courts-martial shall be under this code is limited to violations of the 
25.4 	punitive articles in this code prescribed by the manual for courts-martial of the United States, 
25.5 	assimilated under any Minnesota state law as referenced under section 192A.605, or by the 
25.6 	Minnesota Code of Military Justice. Any person subject to this code who is charged with 
25.7 	the commission of an offense which is not an offense under this code or the manual for 
25.8 	courts-martial of the United States may be surrendered to civil authorities for process in 
25.9 	accordance with civil law.

25.10 	ARTICLE 6
25.11 	TRIAL PROCEDURE

25.12 	Section 1. Minnesota Statutes 2020, section 192A.20, is amended to read:
25.13 	192A.20 GOVERNOR MAY PRESCRIBE RULES.
25.14 	The procedure, including modes of proof, in cases before military courts and other 
25.15 	military tribunals organized under this code may be prescribed by the governor or the 
25.16 	adjutant general by rules, which shall, so far as the governor or the adjutant general considers 
25.17 	practicable, apply the principles of law and the rules of evidence generally recognized in 
25.18 	the trial of criminal cases in the courts of the state manual for courts-martial of the United 
25.19 	States, but which may not be contrary to or inconsistent with this code.

25.20 	Sec. 2. Minnesota Statutes 2020, section 192A.235, subdivision 3, is amended to read:
25.21 		Subd. 3.Three-year limitation. Except as otherwise provided in subdivision 1, and 
25.22 	section 628.26, a person charged with any offense is not liable to be tried by court-martial 
25.23 	or punished under section 192A.0851 if the offense was committed more than three years 
25.24 	before the receipt of sworn charges and specifications by an officer exercising court-martial 
25.25 	jurisdiction over the command or before the imposition of punishment under section 
25.26 	192A.0851. The limitation for violations of any offense prescribed under this section shall 
25.27 	be the lesser of the limitation prescribed by the manual for courts-martial of the United 
25.28 	States, Minnesota state law, or the Minnesota Code of Military Justice, but in no instance 
25.29 	shall any limitation exceed that authorized by this code.

26.1 	ARTICLE 7
26.2 	SENTENCES

26.3 	Section 1. Minnesota Statutes 2020, section 192A.343, subdivision 3, is amended to read:
26.4 		Subd. 3.Action on findings. (a) The authority under this section to modify the findings 
26.5 	and sentence of a court-martial is a matter of command prerogative involving the sole 
26.6 	discretion of the convening authority. If it is impractical for the convening authority to act, 
26.7 	the convening authority shall forward the case to a person exercising general court-martial 
26.8 	jurisdiction who may take action under this section.
26.9 	(b) Action on the sentence of a court-martial shall be taken by the convening authority. 
26.10 	The action may be taken only after the consideration of any matters submitted by the accused 
26.11 	under subdivision 2 or after the time for submitting the matter expires, whichever is earlier. 
26.12 	The convening authority, in that person's sole discretion, may approve, disapprove, commute, 
26.13 	or suspend the sentence in whole or in part.
26.14 	(c) Action on the findings of a court-martial by the convening authority or other person 
26.15 	acting on the sentence is not required. However, such person, in the person's sole discretion, 
26.16 	may:
26.17 	(1) dismiss any charge or specification by setting aside a finding of guilty; or
26.18 	(2) change a finding of guilty to a charge or specification to a finding of guilty to an 
26.19 	offense that is a lesser included offense of the offense stated in the charge or specification.
26.20 	(d) The convening authority or other person acting under this section shall issue a final 
26.21 	order at the conclusion of the court-martial proceeding, including any proceeding in revision, 
26.22 	rehearing, and reconsideration under subdivision 5. The final order shall be promptly served 
26.23 	on the accused.

26.24 	Sec. 2. Minnesota Statutes 2020, section 192A.353, subdivision 2, is amended to read:
26.25 		Subd. 2.Appeal forwarded. An appeal under this section shall be forwarded to the 
26.26 	court proceed as prescribed in section 192A.371. In ruling on an appeal under this section, 
26.27 	that court may act only with respect to matters of law.

26.28 	Sec. 3. Minnesota Statutes 2020, section 192A.371, is amended to read:
26.29 	192A.371 REVIEW BY STATE APPELLATE AUTHORITY.
26.30 		Subdivision 1.Certiorari. Decisions of a special or general courts-martial may be 
26.31 	appealed to the Minnesota Court of Appeals according to the Minnesota Rules of Criminal 
27.1 	and Appellate Procedure. (a) A review of any final order of a special or general court-martial 
27.2 	proceeding may be had upon certiorari by the supreme court upon petition of any party to 
27.3 	the proceeding. The review may be had on the ground that: (1) the court-martial was without 
27.4 	jurisdiction; or (2) the findings of the court-martial and the final order of the convening 
27.5 	authority: (i) were not justified by the evidence; (ii) were not in conformity with this code, 
27.6 	military law or other law applicable to the proceedings, or the Classified Information 
27.7 	Procedures Act; or (iii) were affected by any other error of law.
27.8 	(b) A writ of certiorari for review under this section is a matter of right.
27.9 		Subd. 2.Service of writ. (a) Within 60 days after notice of the final order of a 
27.10 	court-martial proceeding, the petitioner for review shall obtain from the supreme court a 
27.11 	writ of certiorari, shall serve the same upon all other parties appearing in the court-martial 
27.12 	proceeding, and shall file the original writ of certiorari and proof of service with the court 
27.13 	administrator of the court-martial. No fee or bond is required for either obtaining a writ of 
27.14 	certiorari or the associated filings required under this paragraph.
27.15 	(b) Return upon the writ shall be made to the supreme court and the matter shall be heard 
27.16 	and determined by the court in accordance with the rules of civil appellate procedure 
27.17 	applicable to decisions reviewable by certiorari directly in the supreme court.

27.18 	Sec. 4. Minnesota Statutes 2020, section 606.06, is amended to read:
27.19 	606.06 CERTIORARI; ADMINISTRATIVE DECISIONS.
27.20 	A writ of certiorari for review of an administrative decision pursuant to chapter 14 or 
27.21 	of an order publishing the proceedings, findings, or sentence of a court-martial pursuant to 
27.22 	this code is a matter of right.

27.23 	ARTICLE 8
27.24 	PUNITIVE ARTICLES UPDATES

27.25 	Section 1. Minnesota Statutes 2020, section 192A.021, is amended to read:
27.26 	192A.021 PURELY MILITARY OFFENSES.
27.27 	(a) Purely military offenses include the offenses contained in the following sections: 
27.28 	192A.39 (Principles), 192A.395 (Accessory after the fact), 192A.405 (Attempts), 192A.41
27.29 	(Conspiracy), 192A.415 (Solicitation), 192A.42 (Fraudulent enlistment, appointment, or 
27.30 	separation), 192A.425 (Unlawful enlistment, appointment, or separation), 192A.43
27.31 	(Desertion), 192A.435 (Absent without leave), 192A.44 (Missing movement), 192A.445
27.32 	(Contempt towards officials), 192A.45 (Disrespect towards superior commissioned officer), 
28.1 	192A.455 (Assaulting or willfully disobeying superior commissioned officer), 192A.46
28.2 	(Insubordinate conduct toward warrant officer or noncommissioned officer), 192A.465
28.3 	(Failure to obey order or rule), 192A.47 (Cruelty and maltreatment), 192A.475 (Mutiny or 
28.4 	sedition), 192A.48 (Resistance, breach of arrest, and escape), 192A.495 (Noncompliance 
28.5 	with procedural rules), 192A.50 (Misbehavior before the enemy), 192A.51 (Improper use 
28.6 	of countersign), 192A.515 (Forcing a safeguard), 192A.525 (Aiding the enemy), 192A.54
28.7 	(Military property; loss, damage, destruction, or wrongful disposition), 192A.55 (Improper 
28.8 	hazarding of vessel), 192A.56 (Drunk on duty; sleeping on post; leaving post before relief), 
28.9 	192A.566 (Illegal presence of controlled substance while in duty status), 192A.57
28.10 	(Malingering), 192A.60 (Conduct unbecoming an officer), and192A.605 (General article), 
28.11 	192A.70 (Prohibited activities with military recruit or trainee by person in a position of 
28.12 	special trust), 192A.701 (Nonconsensual distribution of intimate images), 192A.703 
28.13 	(Unauthorized use of government computer), and 192A.704 (Retaliation).
28.14 	(b) Upon request of the governor or the adjutant general, the superintendent of the Bureau 
28.15 	of Criminal Apprehension shall investigate military offenses or any other act or omission 
28.16 	under this code within the jurisdiction of the military courts and tribunals.

28.17 	Sec. 2. Minnesota Statutes 2020, section 192A.111, is amended to read:
28.18 	192A.111 MAXIMUM LIMITS.
28.19 		Subdivision 1.Punishment limits. The punishment that a court-martial may direct for 
28.20 	an offense may not exceed limits prescribed by this code. for a violation of this code is 
28.21 	limited to the lesser of the sentence prescribed by the manual for courts-martial of the United 
28.22 	States in effect at the time of the offense or the state manual for courts-martial, but in no 
28.23 	instance shall any punishment exceed that authorized by this code. A court-martial sentence 
28.24 	must not (1) exceed more than ten years for a military offense, or (2) adjudge a sentence of 
28.25 	death.
28.26 		Subd. 2.Level of offense. (a) Subject to paragraphs (b) and (c),A conviction by general 
28.27 	court-martial of any military offense for which an accused may receive a sentence of 
28.28 	confinement for more than one year is a felony offense. All other military offenses are 
28.29 	misdemeanors, and a sentence of confinement must not exceed 90 days.
28.30 	(b) In cases where the civilian authorities decline to prosecute and court-martial 
28.31 	jurisdiction is taken pursuant to sections 192A.02, subdivision 3, and 192A.605, the level 
28.32 	of offense and punishment that a court-martial is authorized is defined by the level of offense 
28.33 	and punishments authorized under the statute any Minnesota state law or the manual for 
28.34 	courts-martial of the United States for the assimilated crime.
29.1 	(c) For crimes under sections 192A.54, 192A.545, 192A.59, and 192A.595 with monetary 
29.2 	loss of less than $1,000 or more, confinement must not exceed ten years. A sentence of 
29.3 	confinement for more than one year is a felony offense shall be limited to that prescribed 
29.4 	by a special court-martial.
29.5 	(d) Any conviction by a summary courts-martial is not a criminal conviction.
29.6 	(e) The limits of punishment for violations of the purely military offenses prescribed 
29.7 	under this section shall be the lesser of the sentences prescribed by the manual for 
29.8 	courts-martial of the United States, and the state manual for courts-martial, but in no instance 
29.9 	shall any punishment exceed that authorized by this code.

29.10 	Sec. 3. Minnesota Statutes 2020, section 192A.56, is amended to read:
29.11 	192A.56 UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED 
29.12 	SUBSTANCE WHILE ON DUTY; SLEEPING ON POST; LEAVING POST BEFORE 
29.13 	RELIEF.
29.14 	Any person subject to this code who is found to be under the influence of alcohol or a 
29.15 	controlled substance as defined in section 192A.566 without a valid medical prescription 
29.16 	while on duty or sleeping upon an assigned post, or who leaves that post before being 
29.17 	regularly relieved, shall be punished as a court-martial may direct.

29.18 	Sec. 4. Minnesota Statutes 2020, section 192A.612, is amended to read:
29.19 	192A.612 SEARCH WARRANTS.
29.20 	During any period of active service under section 190.05, subdivision 5a or 5b, A military 
29.21 	judge is authorized to issue search warrants, directed to a member of the military police of 
29.22 	the state military forces or any peace officer defined under section 626.05, to search any 
29.23 	person, place, or vehicle within the confines of the property or premises being used for such 
29.24 	active service or any person or vehicle pursued therefrom item or property when there is 
29.25 	probable cause that a member of the state military forces has committed an offense subject 
29.26 	to either concurrent or exclusive military jurisdiction during a period of active service as 
29.27 	defined in section 190.05, subdivisions 5a and 5b, and seize items in accordance with law. 
29.28 	No search warrant shall be issued except upon probable cause, supported by affidavit or 
29.29 	sworn testimony naming and describing the person and particularly describing the property 
29.30 	or thing to be seized and particularly describing the place to be searched.

30.1 	Sec. 5. Minnesota Statutes 2020, section 192A.62, is amended to read:
30.2 	192A.62 SECTIONS TO BE EXPLAINED.
30.3 	Sections 192A.02, 192A.025, 192A.045, 192A.065, 192A.07, 192A.08, 192A.0851, 
30.4 	192A.155, 192A.205, 192A.385 192A.39 to 192A.595, and 192A.62 to 192A.63 shall be 
30.5 	carefully explained to every enlisted member at the time of the member's enlistment or 
30.6 	transfer or induction into, or at the time of the member's order to duty in or with any of the 
30.7 	state military forces or within 30 days thereafter. They shall also be explained annually to 
30.8 	each unit of the state military forces. A complete text of this code and of the rules prescribed 
30.9 	by the governor thereunder shall be made available to any member of the state military 
30.10 	forces, upon the member's request, for personal examination. Failure to provide briefings 
30.11 	to soldiers or otherwise explain this code to soldiers shall not be a defense to a court-martial 
30.12 	proceeding, except as mitigation in sentencing.

30.13 	Sec. 6. [192A.70] PROHIBITED ACTIVITIES WITH MILITARY RECRUIT OR 
30.14 	TRAINEE BY PERSON IN POSITION OF SPECIAL TRUST.
30.15 		Subdivision 1.Definitions. For purposes of this section, the terms defined in this 
30.16 	subdivision have the meanings given them.
30.17 	(1) "Applicant for military service" means a person who, under regulations prescribed 
30.18 	by the secretary concerned, the Minnesota National Guard authority, or designee concerned, 
30.19 	is an applicant for original enlistment or appointment in the armed forces.
30.20 	(2) "Military recruiter" means a person who, under regulations prescribed by the secretary 
30.21 	concerned, has the primary duty to recruit persons for military service.
30.22 	(3) "Prohibited sexual activity" means, as specified in regulations prescribed by the 
30.23 	secretary concerned, the Minnesota National Guard authority, or designee concerned, 
30.24 	inappropriate physical intimacy under circumstances described in such regulations.
30.25 	(4) "Specially protected junior member of the armed forces" means:
30.26 	(i) a member of the armed forces who is assigned to, or is awaiting assignment to, basic 
30.27 	training or other initial active duty for training, including a member who is enlisted under 
30.28 	a delayed entry program;
30.29 	(ii) a member of the armed forces who is a cadet, an officer candidate, or a student in 
30.30 	any other officer qualification program; and
31.1 	(iii) a member of the armed forces in any program that, by regulation prescribed by the 
31.2 	secretary concerned or a Minnesota National Guard authority, or designee concerned, is 
31.3 	identified as a training program for initial career qualification.
31.4 	(5) "Training leadership position" means, with respect to a specially protected junior 
31.5 	member of the armed forces, any of the following:
31.6 	(i) any drill instructor position or other leadership position in a basic training program, 
31.7 	an officer candidate school, a reserve officers' training corps unit, a training program for 
31.8 	entry into the armed forces, or any program that, by regulation prescribed by the secretary 
31.9 	concerned, is identified as a training program for initial career qualification; and
31.10 	(ii) faculty and staff of the United States Military Academy, the United States Naval 
31.11 	Academy, the United States Air Force Academy, the United States Coast Guard Academy, 
31.12 	and the Minnesota National Guard Regional Training Institute.
31.13 		Subd. 2.Abuse of training leadership position. Any person subject to this code:
31.14 	(1) who is an officer or a noncommissioned officer;
31.15 	(2) who is in a training leadership position with respect to a specially protected junior 
31.16 	member of the armed forces; and
31.17 	(3) who engages in prohibited sexual activity with the specially protected junior member 
31.18 	of the armed forces;
31.19 	shall be punished as a court-martial may direct.
31.20 		Subd. 3.Abuse of position as military recruiter. Any person subject to this code:
31.21 	(1) who is a military recruiter and engages in prohibited sexual activity with an applicant 
31.22 	for military service; or
31.23 	(2) who is a military recruiter and engages in prohibited sexual activity with a specially 
31.24 	protected junior member of the armed forces who is enlisted under a delayed entry program;
31.25 	shall be punished as a court-martial may direct.
31.26 		Subd. 4.Consent. Consent is not a defense for any conduct at issue in a prosecution 
31.27 	under this section.

31.28 	Sec. 7. [192A.701] NONCONSENSUAL DISTRIBUTION OF INTIMATE IMAGES.
31.29 		Subdivision 1.Definitions. For purposes of this section, the terms defined in this 
31.30 	subdivision have the meanings given them.
32.1 	(1) "Broadcast" means to electronically transmit a visual image with the intent that it be 
32.2 	viewed by a person or persons.
32.3 	(2) "Distribute" means to deliver to the actual or constructive possession of another 
32.4 	person, including transmission by mail or electronic means.
32.5 	(3) "Intimate visual image" means a visual image that depicts a private area of a person.
32.6 	(4) "Private area" means the naked or underwear-clad genitalia, anus, buttocks, or female 
32.7 	areola or nipple.
32.8 	(5) "Reasonable expectation of privacy" means circumstances in which a reasonable 
32.9 	person would believe that a private area of the person, or sexually explicit conduct involving 
32.10 	the person, would not be visible to the public.
32.11 	(6) "Sexually explicit conduct" means actual or simulated genital-genital contact, 
32.12 	oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of 
32.13 	the same or opposite sex, bestiality, masturbation, or sadistic or masochistic abuse.
32.14 	(7) "Visual image" means:
32.15 	(i) any developed or undeveloped photograph, picture, film, or video;
32.16 	(ii) any digital or computer image, picture, film, or video made by any means or 
32.17 	transmitted by any means, including streaming media, even if not stored in a permanent 
32.18 	format; or
32.19 	(iii) any digital or electronic data capable of conversion into a visual image.
32.20 		Subd. 2.Crime defined. Any person subject to this code:
32.21 	(1) who knowingly and wrongfully broadcasts or distributes an intimate visual image 
32.22 	of another person or a visual image of sexually explicit conduct involving a person who:
32.23 	(i) is at least 18 years of age at the time the intimate visual image or visual image of 
32.24 	sexually explicit conduct was created;
32.25 	(ii) is identifiable from the intimate visual image or visual image of sexually explicit 
32.26 	conduct itself, or from information displayed in connection with the intimate visual image 
32.27 	or visual image of sexually explicit conduct; and
32.28 	(iii) does not explicitly consent to the broadcast or distribution of the intimate visual 
32.29 	image or visual image of sexually explicit conduct;
32.30 	(2) who knows that the intimate visual image or visual image of sexually explicit conduct 
32.31 	was made under circumstances in which the person depicted in the intimate visual image 
33.1 	or visual image of sexually explicit conduct retained a reasonable expectation of privacy 
33.2 	regarding any broadcast or distribution of the intimate visual image or visual image of 
33.3 	sexually explicit conduct;
33.4 	(3) who possesses the intent to broadcast or distribute an intimate visual image or visual 
33.5 	image of sexually explicit conduct:
33.6 	(i) to cause harm, harassment, intimidation, emotional distress, or financial loss for the 
33.7 	person depicted in the intimate visual image or visual image of sexually explicit conduct; 
33.8 	or
33.9 	(ii) to harm substantially the depicted person with respect to that person's health, safety, 
33.10 	business, calling, career, financial condition, reputation, or personal relationships; and
33.11 	(4) whose conduct, under the circumstances, had a reasonably direct and palpable 
33.12 	connection to a military mission or military environment;
33.13 	is guilty of wrongful distribution of intimate visual images or visual images of sexually 
33.14 	explicit conduct and shall be punished as a court-martial may direct.

33.15 	Sec. 8. [192A.702] FRAUDULENT USE OF CREDIT CARDS, DEBIT CARDS, 
33.16 	AND OTHER ACCESS DEVICES.
33.17 		Subdivision 1.Crime defined. Any person subject to this code who knowingly, with 
33.18 	intent to defraud, uses:
33.19 	(1) a stolen credit card, debit card, or other access device;
33.20 	(2) a revoked, canceled, or otherwise invalid credit card, debit card, or other access 
33.21 	device; or
33.22 	(3) a credit card, debit card, or other access device without the authorization of a person 
33.23 	whose authorization was required for use, including a government purchase card or 
33.24 	government travel card without conforming to the published federal or Minnesota National 
33.25 	Guard procedures at the time of use;
33.26 	to obtain money, property, services, or anything else of value shall be punished as a 
33.27 	court-martial may direct.
33.28 		Subd. 2.Access device defined. As used in this section, "access device" has the meaning 
33.29 	given in United States Code, title 18, section 1029.

34.1 	Sec. 9. [192A.703] UNAUTHORIZED USE OF GOVERNMENT COMPUTER.
34.2 		Subdivision 1.Definitions. For purposes of this section, the terms defined in this 
34.3 	subdivision have the meanings given them.
34.4 	(1) "Computer" has the meaning given in United States Code, title 18, section 1030.
34.5 	(2) "Damage" has the meaning given in United States Code, title 18, section 1030.
34.6 	(3) "Government computer" means a computer owned or operated by or on behalf of 
34.7 	the United States government or the state of Minnesota.
34.8 		Subd. 2.Crime defined. Any person subject to this code who:
34.9 	(1) knowingly accesses a government computer with an unauthorized purpose and by 
34.10 	doing so obtains classified information, with reason to believe the information could be 
34.11 	used to the injury of the United States or the state of Minnesota or to the advantage of any 
34.12 	foreign nation, and intentionally communicates, delivers, or transmits or causes to be 
34.13 	communicated, delivered, or transmitted the information to any person not entitled to receive 
34.14 	it;
34.15 	(2) intentionally accesses a government computer with an unauthorized purpose and 
34.16 	thereby obtains classified or other protected information from any government computer; 
34.17 	or
34.18 	(3) knowingly causes the transmission of a program, information, code, or command, 
34.19 	and as a result intentionally causes damage without authorization to a government computer;
34.20 	shall be punished as a court-martial may direct.

34.21 	Sec. 10. [192A.704] RETALIATION.
34.22 		Subdivision 1.Definitions. For purposes of this section, the terms defined in this 
34.23 	subdivision have the meanings given them.
34.24 	(1) "Covered individual or organization" means any recipient of a communication 
34.25 	specified in United States Code, title 10, section 1034(b)(1)(B), clauses (i) to (v).
34.26 	(2) "Inspector general" has the meaning given in United States Code, title 10, section 
34.27 	1034(j).
34.28 	(3) "Protected communication" means:
34.29 	(i) a lawful communication to a member of Congress, a state legislator, or an inspector 
34.30 	general; and
35.1 	(ii) a communication to a covered individual or organization, to include the Office of 
35.2 	the Governor, in which a member of the armed forces complains of, or discloses information 
35.3 	that the member reasonably believes constitutes evidence of any of the following:
35.4 	(A) a violation of law or regulation, including a law or regulation prohibiting sexual 
35.5 	harassment or unlawful discrimination; or
35.6 	(B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial 
35.7 	and specific danger to public health or safety.
35.8 		Subd. 2.Crimes defined. Any person subject to this code who, with the intent to retaliate 
35.9 	against any person for reporting or planning to report a criminal offense, or making or 
35.10 	planning to make a protected communication, or with the intent to discourage any person 
35.11 	from reporting a criminal offense or making or planning to make a protected communication:
35.12 	(1) wrongfully takes or threatens to take an adverse personnel action against any person; 
35.13 	or
35.14 	(2) wrongfully withholds or threatens to withhold a favorable personnel action with 
35.15 	respect to any person;
35.16 	shall be punished as a court-martial may direct.

35.17 	Sec. 11. REVISOR INSTRUCTION.
 35.18 	The revisor of statutes shall recodify the following sections in article 6: sections 6 to 10, 
35.19 	recodify Minnesota Statutes, section 192A.70 as 192A.6011; section 192A.701 as 192A.6012; 
35.20 	section 192A.702 as section 192A.6013; section 192A.703 as section 192A.6014; and 
35.21 	section 192A.704 as section 192A.6015. The revisor shall correct any cross-references made 
35.22 	necessary by this recodification.

35.23 	Sec. 12. REPEALER.
 35.24 	Minnesota Statutes 2020, section 192A.385, is repealed.

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.