SF 2981

as introduced - 88th Legislature (2013 - 2014) Posted on 05/12/2014 08:49am

A bill for an act
relating to civil law; specifying state policy related to the National Defense
Authorization Act for Fiscal Year 2012 and all other similar legislation; providing
for freedom of persons within the boundaries of the state of Minnesota from
disposition under the law of war; providing for criminal penalties; proposing
coding for new law in Minnesota Statutes, chapter 1.

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

Section 1.

new text begin [1.231] FREEDOM FROM LOSS OF RIGHTS UNDER THE LAW
OF WAR.
new text end

new text begin Subdivision 1. new text end

new text begin Limits on federal power; state rights. new text end

new text begin As the United States
Constitution provides that the federal government is exclusively authorized to exercise
those powers specifically enumerated in the Constitution; and, as stated in its amendments
IX and X, all other rights and powers are reserved to the various states and to citizens of
these states: it is necessary that the states, including Minnesota, identify and lawfully
oppose instances in which the federal government has assumed powers not enumerated
to it by the Constitution.
new text end

new text begin Subd. 2. new text end

new text begin Findings. new text end

new text begin (a) Section 1021 of the National Defense Authorization Act for
Fiscal Year 2012 grants the President of the United States authority both to arrest and to
determine if a trial will be held for suspected terrorists.
new text end

new text begin (b) Section 1022 of the National Defense Authorization Act for Fiscal Year 2012
authorizes military detention without trial of citizens of the United States.
new text end

new text begin (c) Historically, other claimed authorities, including Presidential Executive Order
9066 in 1942, terminated by Presidential Proclamation 2714 in 1946, with the termination
confirmed by Presidential Proclamation 4417 in 1976, authorized the internment of
persons living within the United States based upon the person's race.
new text end

new text begin (d) United States Constitution, amendment IV, provides that the right of the people
to be secure in the persons, houses, papers, and effects against unreasonable searches
and seizures shall not be violated.
new text end

new text begin (e) United States Constitution, amendment V, provides that the people have a right to
be free from deprivation of life, liberty, or property without due process of law.
new text end

new text begin (f) United States Constitution, amendment VI, provides that the people have a right
in criminal prosecutions to a speedy trial by an impartial jury in the state and district
where the crime shall have been committed, to be informed of the nature and cause of the
accusation, to confront witnesses, and to counsel.
new text end

new text begin (g) United States Constitution, amendment XIV, provides that the people are to be
free from deprivation of life, liberty, or property without due process of law.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, "arrest," "capture,"
"detention," "disposition under the law of war," and "law of war" have the meanings given
in section 1021 of the National Defense Authorization Act of Fiscal Year 2012.
new text end

new text begin Subd. 4. new text end

new text begin Legislative intent; public policy. new text end

new text begin (a) As the enactment of sections 1021 and
1022 of the National Defense Authorization Act of Fiscal Year 2012 is inimical with those
constitutional rights listed in subdivision 2, notwithstanding any treaty or federal, state, or
local law or authority, including a national defense authorization act, authorization for use
of military force, or similar law claimed or enacted by the Congress of the United States or
the President of the United States, it is unconstitutional and unlawful for any person to:
new text end

new text begin (1) subject another person within the boundaries of the state of Minnesota to
disposition under the law of war including, but not limited to:
new text end

new text begin (i) detention, arrest, or capture under the law of war; or
new text end

new text begin (ii) trial under United States Code, title 10, chapter 47A, or any similar military,
or alternative court or tribunal as described in section 1021(c) of the National Defense
Authorization Act for Fiscal Year 2012;
new text end

new text begin (2) execute any person within the boundaries of the state of Minnesota without
judicial sentencing after trial and conviction in a court ordained and established under
United States Constitution, article III, or under the Minnesota Constitution; or
new text end

new text begin (3) provide material aid to persons seeking to violate this section within the
boundaries of the state.
new text end

new text begin Subd. 5. new text end

new text begin Reporting. new text end

new text begin The Department of Public Safety shall notify the governor and
the legislature of any attempt within the boundaries of the state to violate this section.
new text end

new text begin Subd. 6. new text end

new text begin Military authority. new text end

new text begin Subdivision 4 does not prohibit the application of the
Uniform Code of Military Justice (UCMJ), including military detention and trial in "cases
arising in the land or naval forces, or in the Militia, when in actual service in time of War
or public danger" to discipline service members who have violated the UCMJ and laws of
war as defined in United States Code, title 10, chapters 47 and 47A.
new text end

new text begin Subd. 7. new text end

new text begin Penalty. new text end

new text begin (a) A person who violates subdivision 4 is subject to criminal
prosecution for assault, kidnapping, murder, or other crime, as applicable, and as defined
in chapter 609.
new text end

new text begin (b) The Peace Officer Standards Training (POST) Board shall terminate the license
of any POST-certified officer who has been convicted of violating this section.
new text end

new text begin Subd. 8. new text end

new text begin Severability. new text end

new text begin If any provision of this section is found to be unconstitutional
and void, the remaining provisions of this section are valid.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to
violations of this section committed on or after that date.
new text end