Legislative Session number- 82

Bill Name: SF3145

E Revising the Minnesota code of military justice; defining or redefining
certain terms; updating certain language; removing certain references indicative
of the navy; granting courts martial primary jurisdiction of purely military
offenses, defining purely military offenses; granting civilian tribunals primary
jurisdiction over acts or omissions violating both the military code and
criminal law, requiring special determinations of jurisdiction in certain cases;
creating a presumption of jurisdiction of the military courts and boards;
clarifying the authority of peace officers to apprehend persons subject to the
code; providing for the imposition of pretrial restraint in lieu of arrest and
confinement, defining pretrial restraint and eliminating certain reporting
requirements; modifying certain disciplinary punishment provisions, specifying
certain factors to be considered in the determination of a serious offense;
clarifying certain general and special courts martial jurisdiction provisions;
modifying certain summary courts martial procedures, authorizing superior
authorities to convene summary courts martial; granting the accused a right to
counsel; clarifying the prohibition on unlawful command influence; extending the
statute of limitations for offenses; specifying certain grounds for conviction;
providing for the determination of duty status; modifying and clarifying certain
provisions relating to desertion, mutiny or misbehavior; providing for the
offense of assault; clarifying conduct unbecoming an officer; modifying the
general article and the sections to be explained at time of enlistment;
specifying certain renumbering and reference correction instructions to the
revisor of statutes; repealing the definition of apprehension and certain
provisions relating to apprehension, arrest and confinement, prohibited
punishment, court martial members, charges and specifications, compulsory self
incrimination prohibition, investigation, the forwarding and service of charges,
the state judge advocate, trial and defense counsel duties, certain court
sessions, continuances, challenges, oaths, statute of limitations, pleas,
depositions, review and admissibility of records, voting and rulings,
announcement of findings, record of trial, cruel and unusual punishment,
effective date of sentences, execution of confinement, execution, suspension or
deferment of sentence, certain records, reconsiderations, rehearings, approval
by the convening authority, error of law, review counsel, vacation of
suspension, petition for a new trial, remission and suspension, restoration,
finality of proceedings, findings and sentences, desertion, subordinate
compelling surrender, captured or abandoned property, misconduct, staff judge
advocates and the existing presumption of jurisdiction (ra, ja)