SF 3145

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the military; revising the Minnesota code 
  1.3             of military justice; amending Minnesota Statutes 2000, 
  1.4             sections 192A.015; 192A.02, subdivision 3, by adding a 
  1.5             subdivision; 192A.025; 192A.045, subdivisions 2, 3; 
  1.6             192A.05; 192A.055; 192A.07; 192A.08, subdivision 1; 
  1.7             192A.085, subdivisions 1, 3, 5, 7; 192A.09; 192A.095; 
  1.8             192A.10; 192A.105; 192A.11, subdivisions 1, 3; 
  1.9             192A.115; 192A.13; 192A.135; 192A.14; 192A.15, 
  1.10            subdivisions 3, 5; 192A.155; 192A.16; 192A.205; 
  1.11            192A.235, subdivision 3; 192A.25, subdivision 3; 
  1.12            192A.28; 192A.31, subdivision 1; 192A.384; 192A.385; 
  1.13            192A.39; 192A.415; 192A.43, subdivisions 1, 2; 
  1.14            192A.46; 192A.47; 192A.48; 192A.485; 192A.50; 192A.51; 
  1.15            192A.525; 192A.54; 192A.55; 192A.555; 192A.56; 
  1.16            192A.57; 192A.585; 192A.59; 192A.60; 192A.605; 
  1.17            192A.61, subdivision 3; 192A.612; 192A.615, 
  1.18            subdivisions 1, 2; 192A.62; 192A.635; 192A.64, 
  1.19            subdivisions 1, 2; 192A.645; 192A.65; 192A.66; 
  1.20            192A.665; proposing coding for new law in Minnesota 
  1.21            Statutes, chapter 192A; repealing Minnesota Statutes 
  1.22            2000, sections 192A.045, subdivision 1; 192A.06; 
  1.23            192A.075; 192A.145; 192A.165; 192A.17; 192A.175; 
  1.24            192A.18; 192A.185; 192A.19; 192A.195; 192A.21; 
  1.25            192A.215; 192A.22; 192A.225; 192A.23; 192A.235, 
  1.26            subdivision 2; 192A.245; 192A.265; 192A.27; 192A.275; 
  1.27            192A.285; 192A.29; 192A.295; 192A.305; 192A.31, 
  1.28            subdivision 2; 192A.315; 192A.32; 192A.325; 192A.33; 
  1.29            192A.335; 192A.34; 192A.345; 192A.35; 192A.355; 
  1.30            192A.36; 192A.365; 192A.37; 192A.375; 192A.38; 
  1.31            192A.43, subdivision 3; 192A.505; 192A.52; 192A.53; 
  1.32            192A.58; 192A.611; 192A.655. 
  1.33  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.34     Section 1.  Minnesota Statutes 2000, section 192A.015, is 
  1.35  amended to read: 
  1.36     192A.015 [DEFINITIONS.] 
  1.37     In this chapter, unless the context otherwise requires: 
  1.38     (1) "Accuser" means a person who signs and swears to 
  1.39  charges, any person who directs that charges nominally be signed 
  2.1   and sworn to by another, and any person who has an interest 
  2.2   other than an official interest in the prosecution of the 
  2.3   accused; 
  2.4      (2) "Active state duty" means the same as state active 
  2.5   service defined in section 190.05, subdivision 5a; 
  2.6      (3) "Code" means this chapter; 
  2.7      (4) "Commanding officer" means a commissioned officer who 
  2.8   is in command of any unit; 
  2.9      (5) "Commissioned officer" includes a commissioned warrant 
  2.10  officer; 
  2.11     (6) "Convening authority" includes, in addition to the 
  2.12  person who convened the court, a commissioned officer commanding 
  2.13  for the time being or temporarily commanding, or a successor in 
  2.14  command; 
  2.15     (7) "Enlisted member" means a person in an enlisted grade; 
  2.16     (8) "Federal active service" has the meaning given in 
  2.17  section 190.05, subdivision 5c; 
  2.18     (9) "Grade" means a step or degree, in a graduated scale of 
  2.19  office or military rank, that is established and designated as a 
  2.20  grade by law or rule; 
  2.21     (9) (10) "In federal service" and "not in federal service" 
  2.22  mean the same as those terms are used and construed in federal 
  2.23  laws and regulations; 
  2.24     (10) (11) "May" is used in a permissive sense.  The words 
  2.25  "no person may" mean that no person is required, authorized, or 
  2.26  permitted to do the act prescribed; 
  2.27     (11) (12) "Military" refers to any or all of the armed 
  2.28  forces of the United States or any state; 
  2.29     (12) (13) "Military court" means a court-martial, a court 
  2.30  of inquiry; 
  2.31     (13) (14) "Officer" means commissioned or warrant officer; 
  2.32     (14) (15) "Rank" means the order of precedence among 
  2.33  members of the state military forces; 
  2.34     (15) (16) "Shall" is used in a mandatory sense; 
  2.35     (16) (17) "State judge advocate" means the commissioned 
  2.36  officer responsible for supervising the administration of the 
  3.1   military justice in the state military forces and appointed 
  3.2   pursuant to section 192A.04; 
  3.3      (17) (18) "State military forces" means the national guard 
  3.4   of the state, as defined in United States Code, title 32, 
  3.5   section 101(3) and any other military force organized under the 
  3.6   laws of the state; 
  3.7      (18) (19) "Superior commissioned officer" means a 
  3.8   commissioned officer superior in rank and command. 
  3.9      Sec. 2.  Minnesota Statutes 2000, section 192A.02, 
  3.10  subdivision 3, is amended to read: 
  3.11     Subd. 3.  [PRIMARY AND CONCURRENT MILITARY JURISDICTION.] 
  3.12  (a) Courts-martial have primary jurisdiction of purely military 
  3.13  offenses listed in section 192A.021.  Except for crimes 
  3.14  designated as purely military offenses in section 192A.021, a 
  3.15  proper civilian tribunal has primary jurisdiction over an act or 
  3.16  omission that violates both this code and local criminal law, 
  3.17  foreign or domestic.  In such cases a court-martial may be 
  3.18  initiated only after the civilian authority has declined or 
  3.19  dismissed charges, provided jeopardy has not attached.  
  3.20  Jurisdiction over attempted crimes, conspiracy crimes, and 
  3.21  accessory crimes must be determined by the underlying offense 
  3.22  pursuant to section 192A.021. 
  3.23     (b) If an act or omission is subject to trial by 
  3.24  court-martial and prosecution by one or more civil tribunals, 
  3.25  foreign or domestic, the determination of which nation, state, 
  3.26  or agency will exercise jurisdiction is a matter for the 
  3.27  nations, states, and agencies concerned, and is not a right of 
  3.28  the suspect or accused. 
  3.29     (c) The provisions of this chapter conferring jurisdiction 
  3.30  over persons shall not be construed as depriving military 
  3.31  commissions or other military tribunals of concurrent 
  3.32  jurisdiction in respect to offenders or offenses that by statute 
  3.33  or by law of war may be tried by such military commissions or 
  3.34  other military tribunals. 
  3.35     Sec. 3.  Minnesota Statutes 2000, section 192A.02, is 
  3.36  amended by adding a subdivision to read: 
  4.1      Subd. 4.  [PRESUMPTION OF JURISDICTION.] The jurisdiction 
  4.2   of the military courts and boards established by this code are 
  4.3   presumed and the burden of proof rests on any person seeking to 
  4.4   challenge those courts or boards of jurisdiction in any action 
  4.5   or proceeding. 
  4.6      Sec. 4.  [192A.021] [PURELY MILITARY OFFENSES.] 
  4.7      Purely military offenses include the offenses contained in 
  4.8   the following sections:  192A.39 (Principles), 192A.395 
  4.9   (Accessory after the fact), 192A.405 (Attempts), 192A.41 
  4.10  (Conspiracy), 192A.415 (Solicitation), 192A.42 (Fraudulent 
  4.11  enlistment, appointment, or separation), 192A.425 (Unlawful 
  4.12  enlistment, appointment, or separation), 192A.43 (Desertion), 
  4.13  192A.435 (Absent without leave), 192A.44 (Missing movement), 
  4.14  192A.445 (Contempt towards officials), 192A.45 (Disrespect 
  4.15  towards superior commissioned officer), 192A.455 (Assaulting or 
  4.16  willfully disobeying superior commissioned officer), 192A.46 
  4.17  (Insubordinate conduct toward warrant officer or noncommissioned 
  4.18  officer), 192A.465 (Failure to obey order or rule), 192A.47 
  4.19  (Cruelty and maltreatment), 192A.475 (Mutiny or sedition), 
  4.20  192A.48 (Resistance, breach of arrest, and escape), 192A.495 
  4.21  (Noncompliance with procedural rules), 192A.50 (Misbehavior 
  4.22  before the enemy), 192A.51 (Improper use of countersign), 
  4.23  192A.515 (Forcing a safeguard), 192A.525 (Aiding the enemy), 
  4.24  192A.54 (Military property; loss, damage, destruction, or 
  4.25  wrongful disposition), 192A.55 (Improper hazarding of vessel), 
  4.26  192A.56 (Drunk on duty; sleeping on post; leaving post before 
  4.27  relief), 192A.57 (Malingering), 192A.60 (Conduct unbecoming an 
  4.28  officer), and 192A.605 (General article). 
  4.29     Sec. 5.  Minnesota Statutes 2000, section 192A.025, is 
  4.30  amended to read: 
  4.31     192A.025 [JURISDICTION TO TRY CERTAIN PERSONNEL.] 
  4.32     Subdivision 1.  [FRAUDULENT DISCHARGE.] Each person 
  4.33  discharged from the state military forces not in federal active 
  4.34  service who is later charged with having fraudulently obtained 
  4.35  the discharge is, subject to section 192A.235, subject to trial 
  4.36  by court-martial on that charge and is after apprehension 
  5.1   subject to this code while in the custody of the military for 
  5.2   that trial.  Upon conviction of that charge the person is 
  5.3   subject to trial by court-martial for all offenses under this 
  5.4   code committed before the fraudulent discharge.  
  5.5      Subd. 2.  [DESERTERS.] No person who has deserted from the 
  5.6   state military forces not in federal active service may be 
  5.7   relieved from amenability to the jurisdiction of this code by 
  5.8   virtue of a separation from any later period of service.  
  5.9      Sec. 6.  Minnesota Statutes 2000, section 192A.045, 
  5.10  subdivision 2, is amended to read: 
  5.11     Subd. 2.  Any person authorized by this code, or by rules 
  5.12  issued under it, or any licensed peace officer, may apprehend 
  5.13  persons subject to this code upon reasonable belief probable 
  5.14  cause to believe that an offense has been committed and that the 
  5.15  person apprehended committed it. 
  5.16     Sec. 7.  Minnesota Statutes 2000, section 192A.045, 
  5.17  subdivision 3, is amended to read: 
  5.18     Subd. 3.  If any person subject to this code misses a 
  5.19  movement to, or is absent without official leave from, annual 
  5.20  field training or active state duty, such person may be 
  5.21  apprehended and delivered to the person's commanding officer. 
  5.22  Apprehension may be made by military police personnel or by any 
  5.23  civil licensed peace officer pursuant to a warrant issued by a 
  5.24  military judge upon a finding of probable cause. 
  5.25     Sec. 8.  Minnesota Statutes 2000, section 192A.05, is 
  5.26  amended to read: 
  5.27     192A.05 [APPREHENSION OF DESERTERS.] 
  5.28     Any civil licensed peace officer having authority to 
  5.29  apprehend offenders under the laws of the United States or of a 
  5.30  state, territory, commonwealth, or possession, or the District 
  5.31  of Columbia may summarily apprehend a deserter from the state 
  5.32  military forces and deliver the deserter into the custody of the 
  5.33  state military forces.  If an offender is apprehended outside 
  5.34  the state, the offender's return to the area must be in 
  5.35  accordance with normal extradition procedures or reciprocal 
  5.36  agreement.  
  6.1      Sec. 9.  Minnesota Statutes 2000, section 192A.055, is 
  6.2   amended to read: 
  6.3      192A.055 [IMPOSITION OF PRETRIAL RESTRAINT.] 
  6.4      Subdivision 1.  [DEFINITION.] Arrest is the restraint of a 
  6.5   person by an order, not imposed as a punishment for an offense, 
  6.6   directing the person to remain within certain specified limits.  
  6.7   Confinement is the physical restraint of a person.  "Pretrial 
  6.8   restraint" means any restraint on a person's liberty which is 
  6.9   imposed before and during disposition of offenses and may 
  6.10  consist of conditions on liberty, restriction, or confinement. 
  6.11     For the purposes of this section: 
  6.12     (1) "conditions on liberty" are imposed by orders directing 
  6.13  a person to do or refrain from doing specified acts; 
  6.14     (2) "restriction" is the restraint of a person by oral or 
  6.15  written orders directing the person to remain within specified 
  6.16  limits; and 
  6.17     (3) "confinement" is physical restraint, imposed by order 
  6.18  of competent authority, depriving a person of freedom pending 
  6.19  disposition of offenses. 
  6.20     Subd. 2.  [ENLISTED MEMBERS.] An enlisted member may be 
  6.21  ordered into arrest or confinement pretrial restraint by any 
  6.22  commissioned officer by an order, oral or written, delivered in 
  6.23  person or through other persons subject to this code or through 
  6.24  any person authorized by this code to apprehend persons.  A 
  6.25  commanding officer may authorize warrant officers, petty 
  6.26  officers, or noncommissioned officers to order enlisted members 
  6.27  of the authorizing officer's command or subject to the 
  6.28  authorizing officer's authority into arrest or 
  6.29  confinement pretrial restraint.  
  6.30     Subd. 3.  [COMMISSIONED OFFICERS OR WARRANT OFFICERS.] A 
  6.31  commissioned officer or a warrant officer may be ordered 
  6.32  apprehended or into arrest or confinement only by a commanding 
  6.33  officer to whose authority the commissioned officer or warrant 
  6.34  officer is subject, by an order, oral or written, delivered in 
  6.35  person or by another commissioned officer.  The authority to 
  6.36  order such persons apprehended or into arrest or 
  7.1   confinement pretrial restraint may not be delegated.  
  7.2      Subd. 4.  [PROBABLE CAUSE.] No person may be ordered 
  7.3   apprehended or into arrest or confinement pretrial restraint 
  7.4   except for probable cause.  
  7.5      Subd. 5.  [AUTHORITY TO SECURE ALLEGED OFFENDERS.] This 
  7.6   section does not limit the authority of persons authorized to 
  7.7   apprehend offenders to secure the custody of an alleged offender 
  7.8   until proper authority may be notified.  
  7.9      Sec. 10.  Minnesota Statutes 2000, section 192A.07, is 
  7.10  amended to read: 
  7.11     192A.07 [REPORTS AND RECEIVING OF PRISONERS.] 
  7.12     Subdivision 1.  No provost marshal, commander of a guard, 
  7.13  master at arms, warden, keeper, or officer of a city or county 
  7.14  jail or any other jail, penitentiary, or prison designated under 
  7.15  section 192A.065 may refuse to receive or keep any prisoner 
  7.16  committed to the charge of that official, when the committing 
  7.17  person furnishes and signs a statement of the offense charged 
  7.18  against the prisoner or facility.  
  7.19     Subd. 2.  Every commander of a guard, master at arms, 
  7.20  warden, keeper, or officer of a city or county jail or of any 
  7.21  other jail, penitentiary, or prison designated under section 
  7.22  192A.065, to whose charge a prisoner is committed, shall, within 
  7.23  24 hours after that commitment or as soon as the person is 
  7.24  relieved from guard, report to the commanding officer of the 
  7.25  prisoner the name of the prisoner, the offense charged against 
  7.26  the prisoner, and the name of the person who ordered or 
  7.27  authorized the commitment.  
  7.28     Sec. 11.  Minnesota Statutes 2000, section 192A.08, 
  7.29  subdivision 1, is amended to read: 
  7.30     Subdivision 1.  [AUTHORITY.] Under such rules as may be 
  7.31  prescribed under this code a person subject to this code who is 
  7.32  on active state duty who is accused of an a criminal offense 
  7.33  against civil authority may be delivered, upon request, to the 
  7.34  civil authority for trial. 
  7.35     Sec. 12.  Minnesota Statutes 2000, section 192A.085, 
  7.36  subdivision 1, is amended to read: 
  8.1      Subdivision 1.  [DISCIPLINARY PUNISHMENTS.] Under such 
  8.2   rules as the governor may prescribe any commanding officer may, 
  8.3   in addition to or in lieu of admonition or reprimand, impose one 
  8.4   of the following disciplinary punishments for minor offenses 
  8.5   without the intervention of a court-martial: 
  8.6      (1) upon an officer of the command: 
  8.7      (a) (i) withholding of privileges for not more than two 
  8.8   consecutive weeks; 
  8.9      (b) (ii) restriction to certain specified limits, with or 
  8.10  without suspension from duty, for not more than two consecutive 
  8.11  weeks; or 
  8.12     (c) (iii) if imposed by the governor, the commanding 
  8.13  officer of a force of the state military forces, or the 
  8.14  commanding general of a division, a forfeiture of not more than 
  8.15  15 days pay or a fine in an equivalent amount.; 
  8.16     (2) upon other military personnel of the command: 
  8.17     (a) (i) withholding of privileges for not more than two 
  8.18  consecutive weeks; 
  8.19     (b) (ii) restriction to certain specified limits, with or 
  8.20  without suspension from duty, for not more than two consecutive 
  8.21  weeks; 
  8.22     (c) (iii) extra duties for not more than 14 days, which 
  8.23  need not be consecutive, and for not more than two hours per 
  8.24  day, holidays included; 
  8.25     (d) (iv) reduction to the next inferior grade if the grade 
  8.26  from which demoted was established by the command or an 
  8.27  equivalent or lower command; by the commander with promotion 
  8.28  authority or higher command; or 
  8.29     (e) if imposed upon a person attached to or embarked in a 
  8.30  vessel, confinement for not more than seven consecutive days; or 
  8.31     (f) a (v) forfeiture of not more than four days pay or a 
  8.32  fine in an equivalent amount. 
  8.33     Sec. 13.  Minnesota Statutes 2000, section 192A.085, 
  8.34  subdivision 3, is amended to read: 
  8.35     Subd. 3.  [DEMAND FOR COURT-MARTIAL.] Punishment may not be 
  8.36  imposed upon any person subject to this code if such person, 
  9.1   before imposition of such punishment, has demanded trial by 
  9.2   court-martial in lieu of such punishment, except in the case of 
  9.3   a person attached to or embarked on a vessel. 
  9.4      Sec. 14.  Minnesota Statutes 2000, section 192A.085, 
  9.5   subdivision 5, is amended to read: 
  9.6      Subd. 5.  [RELATED SERIOUS OFFENSES.] The imposition and 
  9.7   enforcement of disciplinary punishment under this section for 
  9.8   any act or omission is not a bar to trial by court-martial or 
  9.9   prosecution by civilian authorities for a serious crime or 
  9.10  offense growing out of the same act or omission, and not 
  9.11  properly punishable under this section; but.  Whether an offense 
  9.12  is serious depends on several factors including, but not limited 
  9.13  to, the nature of the offense; the circumstances surrounding its 
  9.14  commission; and the defendant's age, rank, duty assignment, 
  9.15  records, and experience.  If the soldier declines nonjudicial 
  9.16  punishment and the matter is referred to trial by summary 
  9.17  court-martial, jurisdiction must be determined pursuant to 
  9.18  section 192A.02, subdivision 3, paragraph (a).  The fact that a 
  9.19  disciplinary punishment has been enforced may be shown by the 
  9.20  accused upon trial, and when so shown shall be considered in 
  9.21  determining the measure of punishment to be adjudged in the 
  9.22  event of a finding of guilty. 
  9.23     Sec. 15.  Minnesota Statutes 2000, section 192A.085, 
  9.24  subdivision 7, is amended to read: 
  9.25     Subd. 7.  For purposes of this section, "consecutive" means 
  9.26  time on active state duty or duty status other than active state 
  9.27  duty excluding any intervening period or periods when the person 
  9.28  concerned is not on such duty as a member of the state military 
  9.29  forces not in federal active service. 
  9.30     Sec. 16.  Minnesota Statutes 2000, section 192A.09, is 
  9.31  amended to read: 
  9.32     192A.09 [COURTS-MARTIAL OF MEMBERS OF THE STATE MILITARY 
  9.33  FORCES NOT IN FEDERAL ACTIVE SERVICE; COMPOSITION; JURISDICTION; 
  9.34  POWERS AND PROCEEDINGS.] 
  9.35     In the state military forces not in federal active service, 
  9.36  there shall be the following three types of courts-martial: 
 10.1      (1) general courts-martial, consisting of: 
 10.2      (a) (i) a military judge and not less than five members; or 
 10.3      (b) (ii) only a military judge, if before the court is 
 10.4   assembled the accused, knowing the identity of the military 
 10.5   judge and after consultation with defense counsel, requests in 
 10.6   writing a court composed only of a military judge and the 
 10.7   military judge approves; and 
 10.8      (2) special courts-martial, consisting of: 
 10.9      (a) (i) a military judge and not less than three members; 
 10.10  or 
 10.11     (b) (ii) only a military judge, if before the court is 
 10.12  assembled the accused, knowing the identity of the military 
 10.13  judge and after consultation with defense counsel, requests in 
 10.14  writing a court composed only of a military judge and the 
 10.15  military judge approves; and 
 10.16     (3) summary courts-martial, consisting of a military judge. 
 10.17     Sec. 17.  Minnesota Statutes 2000, section 192A.095, is 
 10.18  amended to read: 
 10.19     192A.095 [JURISDICTION OF COURTS-MARTIAL IN GENERAL.] 
 10.20     Each force of the state military forces not in federal 
 10.21  active service has court-martial jurisdiction over all persons 
 10.22  subject to this code.  The exercise of jurisdiction by one force 
 10.23  over personnel of another force shall be in accordance with 
 10.24  rules prescribed by the governor.  
 10.25     Sec. 18.  Minnesota Statutes 2000, section 192A.10, is 
 10.26  amended to read: 
 10.27     192A.10 [JURISDICTION OF GENERAL COURTS-MARTIAL.] 
 10.28     Subject to section 192A.095 general courts-martial have 
 10.29  jurisdiction to try persons subject to this code for any offense 
 10.30  made punishable by this code and may, under such limitations as 
 10.31  the governor may prescribe, adjudge any of the following 
 10.32  punishments: 
 10.33     (1) a reprimand; 
 10.34     (2) confinement for not more than 200 days or a fine of not 
 10.35  more than $200; 
 10.36     (3) forfeiture of not more than 48 days pay; 
 11.1      (4) dismissal, bad conduct discharge, or dishonorable 
 11.2   discharge; 
 11.3      (5) reduction in rank of an enlisted member to any lower 
 11.4   enlisted rank including the lowest enlisted rank; or 
 11.5      (6) Confinement of not more than six months; or 
 11.6      (7) any combination of these punishments. 
 11.7      Sec. 19.  Minnesota Statutes 2000, section 192A.105, is 
 11.8   amended to read: 
 11.9      192A.105 [JURISDICTION OF SPECIAL COURTS-MARTIAL.] 
 11.10     Subject to section 192A.095 special courts-martial have 
 11.11  jurisdiction to try persons subject to this code, except 
 11.12  commissioned or warrant officers, for any offense for which they 
 11.13  may be punished under this code.  A special court-martial may 
 11.14  adjudge the following punishments: 
 11.15     (1) a reprimand; 
 11.16     (2) confinement of not more than 90 days or a fine of not 
 11.17  more than $100; 
 11.18     (3) forfeiture of not more than 24 days pay; 
 11.19     (4) reduction in rank of an enlisted member to any lower 
 11.20  enlisted rank including the lowest enlisted grade; 
 11.21     (5) a bad conduct discharge; or 
 11.22     (6) Confinement of not more than 90 days; or 
 11.23     (7) any combination of these punishments. 
 11.24     Sec. 20.  Minnesota Statutes 2000, section 192A.11, 
 11.25  subdivision 1, is amended to read: 
 11.26     Subdivision 1.  [JURISDICTIONS.] Subject to section 
 11.27  192A.095 summary courts-martial have jurisdiction to try persons 
 11.28  subject to this code, except commissioned or warrant officers, 
 11.29  for any offense made punishable by this code. 
 11.30     Sec. 21.  Minnesota Statutes 2000, section 192A.11, 
 11.31  subdivision 3, is amended to read: 
 11.32     Subd. 3.  [PUNISHMENT OPTIONS.] A summary court-martial may 
 11.33  adjudge the following punishments: 
 11.34     (1) a reprimand; 
 11.35     (2) confinement of not more than 15 days or a fine of not 
 11.36  more than $25; 
 12.1      (3) forfeiture of not more than 12 days pay; 
 12.2      (4) reduction in rank of an enlisted member to any lower 
 12.3   enlisted rank including the lowest enlisted grade; or 
 12.4      (5) Confinement of not more than 15 days; 
 12.5      (6) any combination of these punishments. 
 12.6      Sec. 22.  Minnesota Statutes 2000, section 192A.115, is 
 12.7   amended to read: 
 12.8      192A.115 [SENTENCES OF DISMISSAL OR DISHONORABLE DISCHARGE 
 12.9   TO BE APPROVED BY THE GOVERNOR.] 
 12.10     In the organized militia state military forces not in 
 12.11  federal active service, no sentence of dismissal or dishonorable 
 12.12  discharge may be executed until it is approved by the governor.  
 12.13     Sec. 23.  Minnesota Statutes 2000, section 192A.13, is 
 12.14  amended to read: 
 12.15     192A.13 [WHO MAY CONVENE GENERAL COURTS-MARTIAL.] 
 12.16     In the state military forces not in federal active service, 
 12.17  general courts-martial may be convened by the governor. 
 12.18     Sec. 24.  Minnesota Statutes 2000, section 192A.135, is 
 12.19  amended to read: 
 12.20     192A.135 [WHO MAY CONVENE SPECIAL COURTS-MARTIAL.] 
 12.21     In the state military forces not in federal active service, 
 12.22  the commanding officer of a garrison, fort, post, camp, air 
 12.23  base, auxiliary air base, or other place where troops are on 
 12.24  duty, or of a brigade, regiment, wing, group, detached 
 12.25  battalion, separate squadron, or other detached command, may 
 12.26  convene special courts-martial.  Special courts-martial may also 
 12.27  be convened by superior authority.  When any such officer is an 
 12.28  accuser, the court shall be convened by superior competent 
 12.29  authority.  
 12.30     Sec. 25.  Minnesota Statutes 2000, section 192A.14, is 
 12.31  amended to read: 
 12.32     192A.14 [WHO MAY CONVENE SUMMARY COURTS-MARTIAL.] 
 12.33     In the state military forces not in federal active service, 
 12.34  the commanding officer of a garrison, fort, post, camp, air 
 12.35  base, auxiliary air base, or other place where troops are on 
 12.36  duty, or of a battalion, regiment, wing, group, detached 
 13.1   battalion, detached squadron, detached company, or other 
 13.2   detachment, may convene a summary court-martial consisting of a 
 13.3   military judge.  The proceedings shall be informal.  Summary 
 13.4   courts-martial may also be convened by superior authority.  When 
 13.5   any such officer is an accuser, the court shall be convened by 
 13.6   superior competent authority. 
 13.7      Sec. 26.  Minnesota Statutes 2000, section 192A.15, 
 13.8   subdivision 3, is amended to read: 
 13.9      Subd. 3.  [DETAIL.] The A military judge to must be 
 13.10  detailed to a court-martial shall all courts-martial and be 
 13.11  designated by the adjutant general, or the adjutant general's 
 13.12  designee, for detail by the convening authority.  A military 
 13.13  judge may be detailed generally to act as summary court officer. 
 13.14     Sec. 27.  Minnesota Statutes 2000, section 192A.15, 
 13.15  subdivision 5, is amended to read: 
 13.16     Subd. 5.  [LIMITATIONS.] The military judge of a general or 
 13.17  special court-martial may not consult with the members of the 
 13.18  court except in the presence of the accused, trial counsel, and 
 13.19  defense counsel, if any, nor may the military judge vote with 
 13.20  the members of the court. 
 13.21     Sec. 28.  Minnesota Statutes 2000, section 192A.155, is 
 13.22  amended to read: 
 13.23     192A.155 [DETAIL OF TRIAL COUNSEL AND DEFENSE COUNSEL.] 
 13.24     Subdivision 1.  [WHO MAY BE DETAILED.] For each general 
 13.25  and, special, or summary court-martial or posttrial review the 
 13.26  authority convening the court shall detail trial counsel and 
 13.27  defense counsel, and such assistants as considered appropriate.  
 13.28  No person who has acted as investigating officer, military 
 13.29  judge, or court member in any case may act later as trial 
 13.30  counsel, assistant trial counsel, or, unless expressly requested 
 13.31  by the accused, as defense counsel or assistant defense counsel 
 13.32  in the same case.  No person who has acted for the prosecution 
 13.33  may act later in the same case for the defense, nor may any 
 13.34  person who has acted for the defense act later in the same case 
 13.35  for the prosecution. 
 13.36     Subd. 1a.  [RIGHT TO COUNSEL.] The accused has the right to 
 14.1   be represented before a general, special, and summary 
 14.2   court-martial by military defense counsel or by civilian counsel 
 14.3   if provided by the accused at the accused's own expense.  Should 
 14.4   the accused have personally selected civilian counsel, the 
 14.5   military defense counsel, and assistant defense counsel, if any, 
 14.6   who were detailed shall, if the accused so desires, act as 
 14.7   associate defense counsel; otherwise they shall be excused by 
 14.8   the military judge. 
 14.9      Subd. 2.  [QUALIFICATIONS OF COUNSEL.] Trial counsel or 
 14.10  defense counsel detailed for either a general, special, or 
 14.11  summary court-martial or a special court-martial: 
 14.12     (1) must be a person who is a member of the bar of the 
 14.13  highest court of the state, or a member of the bar of a federal 
 14.14  court; and 
 14.15     (2) must be certified as competent to perform such duties 
 14.16  by the state judge advocate. 
 14.17     Sec. 29.  Minnesota Statutes 2000, section 192A.16, is 
 14.18  amended to read: 
 14.19     192A.16 [DETAIL OR EMPLOYMENT OF REPORTERS AND 
 14.20  INTERPRETERS.] 
 14.21     The convening authority of a general or, special, or 
 14.22  summary court-martial or court of inquiry shall detail or employ 
 14.23  qualified court reporters, who shall record the proceedings of 
 14.24  and testimony taken before that court.  The convening authority 
 14.25  of a military court may shall detail or employ certified 
 14.26  interpreters, as necessary, who shall interpret for the court. 
 14.27     Sec. 30.  Minnesota Statutes 2000, section 192A.205, is 
 14.28  amended to read: 
 14.29     192A.205 [UNLAWFULLY INFLUENCING ACTION OF COURT UNLAWFUL 
 14.30  COMMAND INFLUENCE.] 
 14.31     Subdivision 1.  No authority convening a general, special, 
 14.32  or summary court-martial nor any other commanding officer may 
 14.33  censure, reprimand, or admonish the court or any member, 
 14.34  military judge or counsel thereof, with respect to the findings 
 14.35  or sentence adjudged by the court, or with respect to any other 
 14.36  exercise of functions in the conduct of the proceeding.  No 
 15.1   person subject to this code may attempt to coerce or, by any 
 15.2   unauthorized means, influence the action of the court-martial or 
 15.3   any other military tribunal or any member thereof, in reaching 
 15.4   the findings or sentence in any case, or the action of any 
 15.5   convening, approving, or reviewing authority with respect to 
 15.6   judicial acts.  The foregoing provisions of this subdivision 
 15.7   shall not apply with respect to (1) general instructional or 
 15.8   informational courses in military justice if such courses are 
 15.9   designed solely for the purpose of instructing members of a 
 15.10  command in the substantive and procedural aspects of 
 15.11  courts-martial, or (2) to statements and instructions given in 
 15.12  open court by the military judge or counsel.  [GENERAL 
 15.13  PROHIBITIONS.] (a) No convening authority or commander may 
 15.14  censure, reprimand, admonish, or otherwise retaliate against any 
 15.15  member, military judge, counsel, or witness involved in the 
 15.16  investigation, prosecution, or defense of military actions, 
 15.17  punitive or administrative. 
 15.18     (b) No person subject to the code may attempt to coerce or, 
 15.19  by any unauthorized means, influence the action of a 
 15.20  court-martial or any other military tribunal or any member of a 
 15.21  court-martial or other military tribunal, in reaching the 
 15.22  findings or sentence in any case or the action of any convening, 
 15.23  approving, or reviewing authority with respect to that 
 15.24  authority's judicial acts. 
 15.25     (c) This subdivision does not prohibit general 
 15.26  instructional or informational courses in military justice if 
 15.27  the courses are designed solely for the purpose of instructing 
 15.28  personnel of a command in the substantive and procedural aspects 
 15.29  of courts-martial.  
 15.30     (d) This subdivision does not prohibit statements and 
 15.31  instructions given in open session by the military judge or 
 15.32  counsel. 
 15.33     (e) This subdivision does not prohibit professional 
 15.34  supervision by senior judge advocates regarding adherence to 
 15.35  local and military standards of professional conduct and 
 15.36  responsibility. 
 16.1      (f) This subdivision does not prohibit appropriate action 
 16.2   against a person for an offense committed while detailed as a 
 16.3   military judge, counsel, or member of a court-martial, or while 
 16.4   serving as individual counsel. 
 16.5      Subd. 2.  In the preparation of an effectiveness, fitness, 
 16.6   or efficiency report or any other report or document used in 
 16.7   whole or in part for the purpose of determining whether a member 
 16.8   of the state military forces is qualified to be advanced in 
 16.9   grade, or in determining the assignment or transfer of such a 
 16.10  member or in determining whether such member should be retained 
 16.11  on any type of duty or status, no person subject to this code 
 16.12  may, in preparing any such report (1) consider or evaluate the 
 16.13  performance of duty of any such member as a member of a 
 16.14  court-martial, or (2) give a less favorable rating or evaluation 
 16.15  of any member because of the zeal with which such member, as 
 16.16  counsel, represented any accused before a court-martial.  This 
 16.17  section shall not apply to evaluations made by a judge advocate 
 16.18  on the performance of that judge advocate's own staff.  
 16.19  [PROHIBITIONS CONCERNING EVALUATIONS.] (a) In the preparation of 
 16.20  an effectiveness, fitness, or efficiency report or any other 
 16.21  report or document used in whole or in part for the purpose of 
 16.22  determining whether a member of the armed forces is qualified to 
 16.23  be advanced in grade, in determining the assignment or transfer 
 16.24  of a member of the armed forces, or in determining whether a 
 16.25  member of the armed forces should be retained on active duty, no 
 16.26  person subject to the code may: 
 16.27     (1) consider or evaluate the performance of duty of the 
 16.28  person as a member of a court-martial or administrative hearing; 
 16.29  or 
 16.30     (2) give a less favorable rating or evaluation of a defense 
 16.31  counsel because of the zeal with which the counsel represented 
 16.32  an accused. 
 16.33     (b) For general, special, and summary courts-martial, 
 16.34  neither the convening authority nor any member of the convening 
 16.35  authority's staff may prepare or review any report concerning 
 16.36  the effectiveness, fitness, or efficiency of the military judge, 
 17.1   which relates to the performance of duty as a military judge.  
 17.2   When the military judge is normally rated or the military 
 17.3   judge's report is reviewed by the convening authority, the 
 17.4   manner in which the military judge will be rated or evaluated 
 17.5   upon the performance of duty as a military judge may be as 
 17.6   prescribed in regulations of the national guard concerned which 
 17.7   must ensure the absence of any command influence in the rating 
 17.8   or evaluation of the military judge's judicial performance. 
 17.9      Sec. 31.  Minnesota Statutes 2000, section 192A.235, 
 17.10  subdivision 3, is amended to read: 
 17.11     Subd. 3.  [THREE-YEAR LIMITATION.] Except as otherwise 
 17.12  provided in this section subdivision 1, a person charged with 
 17.13  any offense is not liable to be tried by court-martial or 
 17.14  punished under section 192A.085 if the offense was committed 
 17.15  more than two three years before the receipt of sworn charges 
 17.16  and specifications by an officer exercising summary 
 17.17  court-martial jurisdiction over the command or before the 
 17.18  imposition of punishment under section 192A.085.  
 17.19     Sec. 32.  Minnesota Statutes 2000, section 192A.25, 
 17.20  subdivision 3, is amended to read: 
 17.21     Subd. 3.  [SERVICE OF PROCESS.] Process issued in 
 17.22  court-martial cases to compel witnesses to appear and testify 
 17.23  and to compel the production of other evidence shall run to may 
 17.24  be executed and served in any part of the state and shall be 
 17.25  executed by civil officers as prescribed by the laws of the 
 17.26  state law. 
 17.27     Sec. 33.  Minnesota Statutes 2000, section 192A.28, is 
 17.28  amended to read: 
 17.29     192A.28 [NUMBER OF VOTES REQUIRED GROUNDS FOR CONVICTION.] 
 17.30     Subdivision 1.  No person may be convicted of an offense 
 17.31  except as provided in section 192A.245, subdivision 2,: 
 17.32     (1) pursuant to a proper plea which has been duly accepted 
 17.33  by the court; 
 17.34     (2) pursuant to a finding of guilty by the trial judge in a 
 17.35  summary court-martial or where the defense has properly waived a 
 17.36  trial by members; or 
 18.1      (3) by the concurrence of two-thirds of the members present 
 18.2   at the time the vote is taken. 
 18.3      Subd. 2.  All sentences shall be determined by the 
 18.4   concurrence of two-thirds of the members present at the time 
 18.5   that the vote is taken. 
 18.6      Subd. 3.  All other questions to be decided by the members 
 18.7   of a general or special court-martial shall be determined by a 
 18.8   majority vote, but a determination to reconsider a finding of 
 18.9   guilty or to reconsider a sentence, with a view toward 
 18.10  decreasing it, may be made by any lesser vote which indicates 
 18.11  that the reconsideration is not opposed by the number of votes 
 18.12  required for that finding or sentence.  A tie vote on a 
 18.13  challenge disqualifies the member challenged.  A tie vote on a 
 18.14  motion for a finding of not guilty or on a motion relating to 
 18.15  the question of the accused's sanity is a determination against 
 18.16  the accused.  A tie vote on any other question is a 
 18.17  determination in favor of the accused. 
 18.18     Sec. 34.  Minnesota Statutes 2000, section 192A.31, 
 18.19  subdivision 1, is amended to read: 
 18.20     Subdivision 1.  [LOCATION; CONDITIONS.] A sentence of 
 18.21  confinement adjudged by a military court, whether or not the 
 18.22  sentence includes discharge or dismissal, and whether or not the 
 18.23  discharge or dismissal has been executed, may be carried into 
 18.24  execution by confinement in any place of confinement under the 
 18.25  control of any of the forces of the state military forces or in 
 18.26  any jail, penitentiary, or prison designated for that purpose.  
 18.27  Persons so confined in a jail, penitentiary, or prison are 
 18.28  subject to the same discipline and treatment as persons confined 
 18.29  or committed to the jail, penitentiary, or prison by the courts 
 18.30  of the state or of any political subdivision thereof.  
 18.31     Sec. 35.  Minnesota Statutes 2000, section 192A.384, is 
 18.32  amended to read: 
 18.33     192A.384 [OFFENSES SUBJECT TO COURT-MARTIAL.] 
 18.34     The jurisdiction of courts-martial shall be limited to 
 18.35  violations of the punitive articles in this code.  Any person 
 18.36  subject to this code who is charged with the commission of an 
 19.1   offense which is not a military an offense under this code may 
 19.2   be surrendered to civil authorities for process in accordance 
 19.3   with civil law. 
 19.4      Sec. 36.  Minnesota Statutes 2000, section 192A.385, is 
 19.5   amended to read: 
 19.6      192A.385 [PERSONS TO BE TRIED OR PUNISHED.] 
 19.7      Subdivision 1.  [DUTY STATUS REQUIRED.] No person may be 
 19.8   tried or punished for any offense provided for in sections 
 19.9   192A.39 to 192A.605 unless it was committed while that person 
 19.10  was in a duty status as a member of the state military forces 
 19.11  not in federal active service. 
 19.12     Subd. 2.  [DETERMINATION.] Duty status may extend to any 
 19.13  soldier while acting in the line of duty or during any 
 19.14  consecutive duty periods.  Consecutive duty periods run from the 
 19.15  time the soldier is required to be at the assigned duty station 
 19.16  until the soldier is dismissed from duty.  Duty status may be 
 19.17  determined by weighing factors including, but not limited to, 
 19.18  whether the soldier: 
 19.19     (1) is in uniform; 
 19.20     (2) is attending a unit endorsed event; 
 19.21     (3) is drilling in excess of 50 miles from the soldier's 
 19.22  normal duty station; 
 19.23     (4) is involved in an activity which is service-connected; 
 19.24     (5) has been released versus dismissed from duty; and 
 19.25     (6) is staying at lodging provided by the military or at 
 19.26  military expense.  
 19.27     Sec. 37.  Minnesota Statutes 2000, section 192A.39, is 
 19.28  amended to read: 
 19.29     192A.39 [PRINCIPALS.] 
 19.30     Any person subject to this code who: 
 19.31     (1) commits an offense punishable by this code, or aids, 
 19.32  abets, counsels, commands, or procures its commission; or 
 19.33     (2) causes an act to be done which if directly performed by 
 19.34  that person would be punishable by this code; 
 19.35  is a principal and shall be punished as a court-martial may 
 19.36  direct. 
 20.1      Sec. 38.  Minnesota Statutes 2000, section 192A.415, is 
 20.2   amended to read: 
 20.3      192A.415 [SOLICITATION.] 
 20.4      Subdivision 1.  [DESERTION OR MUTINY.] Any person subject 
 20.5   to this code who solicits or advises another or others to desert 
 20.6   in violation of section 192A.43 or mutiny in violation of 
 20.7   section 192A.475 shall, if the offense solicited or advised is 
 20.8   attempted or committed, be punished with the punishment provided 
 20.9   for the commission of the offense, but if the offense solicited 
 20.10  or advised is not committed or attempted the person shall be 
 20.11  punished as a court-martial may direct. 
 20.12     Subd. 2.  [MISBEHAVIOR BEFORE A HOSTILE GROUP OR BODY THE 
 20.13  ENEMY; SEDITION.] Any person subject to this code who solicits 
 20.14  or advises another or others to commit an act of misbehavior 
 20.15  before the enemy in violation of section 192A.50 or sedition in 
 20.16  violation of section 192A.475 shall, if the offense solicited or 
 20.17  advised is committed, be punished with the punishment provided 
 20.18  for the commission of the offense, but if the offense solicited 
 20.19  or advised is not committed the person shall be punished as a 
 20.20  court-martial may direct.  
 20.21     Sec. 39.  Minnesota Statutes 2000, section 192A.43, 
 20.22  subdivision 1, is amended to read: 
 20.23     Subdivision 1.  [GENERAL RULE.] Any member of the state 
 20.24  military forces person subject to this code who: 
 20.25     (1) without authority goes or remains absent from that 
 20.26  member's unit, organization, or place of duty with intent to 
 20.27  remain away therefrom permanently; 
 20.28     (2) quits that member's unit, organization, or place of 
 20.29  duty with intent to avoid hazardous duty or to shirk important 
 20.30  service; or 
 20.31     (3) without being regularly separated from one of the state 
 20.32  military forces enlists or accepts an appointment in the same or 
 20.33  another one of the state military forces, or in one of the armed 
 20.34  forces of the United States, without fully disclosing the fact 
 20.35  that that member has not been regularly separated; 
 20.36  is guilty of desertion shall be punished as a court-martial may 
 21.1   direct. 
 21.2      Sec. 40.  Minnesota Statutes 2000, section 192A.43, 
 21.3   subdivision 2, is amended to read: 
 21.4      Subd. 2.  [OFFICERS AFTER RESIGNATION.] Any commissioned 
 21.5   officer of the state military forces who, after tender of the 
 21.6   officer's resignation and before notice of its acceptance, quits 
 21.7   the post or proper duties without leave and with intent to 
 21.8   remain away therefrom permanently is guilty of desertion shall 
 21.9   be punished as a court-martial may direct.  
 21.10     Sec. 41.  Minnesota Statutes 2000, section 192A.46, is 
 21.11  amended to read: 
 21.12     192A.46 [INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER, OR 
 21.13  NONCOMMISSIONED OFFICER, OR PETTY OFFICER.] 
 21.14     Any warrant officer or enlisted member who: 
 21.15     (1) strikes or assaults a warrant officer, or 
 21.16  noncommissioned officer, or petty officer while that officer is 
 21.17  in the execution of official duties; 
 21.18     (2) willfully disobeys the lawful order of a warrant 
 21.19  officer, or noncommissioned officer, or petty officer; or 
 21.20     (3) treats with contempt or is disrespectful in language or 
 21.21  deportment toward a warrant officer, or noncommissioned officer, 
 21.22  or petty officer while that officer is in the execution of 
 21.23  official duties; 
 21.24  shall be punished as a court-martial may direct. 
 21.25     Sec. 42.  Minnesota Statutes 2000, section 192A.47, is 
 21.26  amended to read: 
 21.27     192A.47 [CRUELTY AND MALTREATMENT.] 
 21.28     Any person subject to this code who acts cruelly, 
 21.29  oppressively or maltreats any person individual subject to the 
 21.30  person's orders or control shall be punished as a court-martial 
 21.31  may direct. 
 21.32     Sec. 43.  Minnesota Statutes 2000, section 192A.48, is 
 21.33  amended to read: 
 21.34     192A.48 [RESISTANCE, BREACH OF ARREST, AND ESCAPE.] 
 21.35     Any person subject to this code who resists apprehension or 
 21.36  breaks arrest or who escapes from physical restraint lawfully 
 22.1   imposed by a member of the state military forces not in federal 
 22.2   active service shall be punished as a court-martial may direct.  
 22.3      Sec. 44.  Minnesota Statutes 2000, section 192A.485, is 
 22.4   amended to read: 
 22.5      192A.485 [RELEASING PRISONER WITHOUT PROPER AUTHORITY.] 
 22.6      Any person subject to this code who, without proper 
 22.7   authority, releases any prisoner committed to that person's 
 22.8   charge, or who through neglect or design suffers allows any such 
 22.9   prisoner to escape, shall be punished as a court-martial may 
 22.10  direct, whether or not the prisoner was committed in strict 
 22.11  compliance with law.  
 22.12     Sec. 45.  Minnesota Statutes 2000, section 192A.50, is 
 22.13  amended to read: 
 22.14     192A.50 [MISBEHAVIOR BEFORE THE ENEMY.] 
 22.15     Any person subject to this code who before or in the 
 22.16  presence of the enemy: 
 22.17     (1) runs away; 
 22.18     (2) shamefully abandons, surrenders, or delivers up any 
 22.19  command, unit, place, or military property which it is the 
 22.20  person's duty to defend; 
 22.21     (3) through disobedience, neglect, or intentional 
 22.22  misconduct endangers the safety of any such command, unit, 
 22.23  place, or military property; 
 22.24     (4) casts away the person's arms or ammunition; 
 22.25     (5) Is guilty of engages in cowardly conduct; 
 22.26     (6) quits a place of duty to plunder or pillage; 
 22.27     (7) causes false alarms in any command, unit, or place 
 22.28  under control of the armed forces of the United States or the 
 22.29  state military forces; 
 22.30     (8) willfully fails to do the utmost to encounter, engage, 
 22.31  capture, or destroy any enemy troops, combatants, vessels, 
 22.32  aircraft, or any other thing which it is that person's duty so 
 22.33  to encounter, engage, capture, or destroy; or 
 22.34     (9) does not afford all practicable relief and assistance 
 22.35  to any troops, combatants, vessels, or aircraft of the armed 
 22.36  forces belonging to the United States or their allies, to the 
 23.1   state, or to any other state, when engaged in battle a hostile 
 23.2   encounter; 
 23.3   shall be punished as a court-martial may direct. 
 23.4      Sec. 46.  Minnesota Statutes 2000, section 192A.51, is 
 23.5   amended to read: 
 23.6      192A.51 [IMPROPER USE OF COUNTERSIGN.] 
 23.7      Any person subject to this code who in time of war, during 
 23.8   a time when the state military forces are engaged with the enemy 
 23.9   , discloses the parole or countersign or code word to any person 
 23.10  not entitled to receive it, or who gives to another who is 
 23.11  entitled to receive and use the parole or countersign a 
 23.12  different parole or countersign from that which, to that 
 23.13  person's knowledge, the person was authorized and required to 
 23.14  give, shall be punished as a court-martial may direct.  
 23.15     Sec. 47.  Minnesota Statutes 2000, section 192A.525, is 
 23.16  amended to read: 
 23.17     192A.525 [AIDING THE ENEMY.] 
 23.18     Any person subject to this code who: 
 23.19     (1) Aids, or attempts to aid, the enemy with arms, 
 23.20  ammunition, supplies, money, or other things; or 
 23.21     (2) Without proper authority, knowingly harbors or protects 
 23.22  or gives intelligence to, or communicates or corresponds with or 
 23.23  holds any intercourse with the enemy, either directly or 
 23.24  indirectly; 
 23.25  shall be punished as a court-martial may direct. 
 23.26     Sec. 48.  Minnesota Statutes 2000, section 192A.54, is 
 23.27  amended to read: 
 23.28     192A.54 [MILITARY PROPERTY; LOSS, DAMAGE, DESTRUCTION, OR 
 23.29  WRONGFUL DISPOSITION.] 
 23.30     Any person subject to this code who, without proper 
 23.31  authority: 
 23.32     (1) Sells or otherwise disposes of; 
 23.33     (2) Willfully or through neglect gross negligence damages, 
 23.34  destroys, or loses; or 
 23.35     (3) Willfully or through neglect suffers gross negligence 
 23.36  allows to be damaged, destroyed, sold, or wrongfully disposed 
 24.1   of; 
 24.2   any military property of the United States or of the state shall 
 24.3   be punished as a court-martial may direct.  
 24.4      Sec. 49.  Minnesota Statutes 2000, section 192A.55, is 
 24.5   amended to read: 
 24.6      192A.55 [IMPROPER HAZARDING OF VESSEL OR AIRCRAFT.] 
 24.7      Subdivision 1.  Any person subject to this code who 
 24.8   willfully and, wrongfully, or through gross negligence hazards 
 24.9   or suffers allows to be hazarded any vessel or aircraft of the 
 24.10  armed forces of the United States or of the state military 
 24.11  forces shall be punished as a court-martial may direct. 
 24.12     Subd. 2.  Any person subject to this code who negligently 
 24.13  hazards or suffers to be hazarded any vessel of the armed forces 
 24.14  of the United States or of the state military forces shall be 
 24.15  punished as a court-martial may direct.  
 24.16     Sec. 50.  Minnesota Statutes 2000, section 192A.555, is 
 24.17  amended to read: 
 24.18     192A.555 [DRUNKEN DRIVING WHILE UNDER THE INFLUENCE OR 
 24.19  RECKLESS DRIVING.] 
 24.20     Any person subject to this code who drives, operates or is 
 24.21  in actual physical control of any motor vehicle or aircraft 
 24.22  while under the influence of an alcoholic beverage or narcotic 
 24.23  drug controlled substance or a combination thereof or whose 
 24.24  blood contains 0.10 percent or more by weight of alcohol or who 
 24.25  operates said motor vehicle or aircraft in a reckless or wanton 
 24.26  manner, shall be punished as a court-martial may 
 24.27  direct.  Chemical and other tests for intoxication shall be made 
 24.28  only in accordance with rules issued under this code. 
 24.29     Sec. 51.  Minnesota Statutes 2000, section 192A.56, is 
 24.30  amended to read: 
 24.31     192A.56 [DRUNK UNDER THE INFLUENCE OF ALCOHOL WHILE ON 
 24.32  DUTY; SLEEPING ON POST; LEAVING POST BEFORE RELIEF.] 
 24.33     Any person subject to this code who is found drunk to be 
 24.34  under the influence of alcohol while on duty or sleeping upon an 
 24.35  assigned post, or who leaves that post before being regularly 
 24.36  relieved, shall be punished as a court-martial may direct.  
 25.1      Sec. 52.  Minnesota Statutes 2000, section 192A.57, is 
 25.2   amended to read: 
 25.3      192A.57 [MALINGERING.] 
 25.4      Any person subject to this code who for the purpose of 
 25.5   avoiding work, duty, or service in the state military forces not 
 25.6   in federal active service: 
 25.7      (1) Feigns illness, physical disablement, mental lapse, or 
 25.8   derangement; or 
 25.9      (2) Intentionally inflicts self injury; 
 25.10  shall be punished as a court-martial may direct. 
 25.11     Sec. 53.  [192A.582] [ASSAULT.] 
 25.12     Any person subject to this code who: 
 25.13     (1) commits an act with intent to cause fear in another of 
 25.14  immediate bodily harm or death; or 
 25.15     (2) intentionally inflicts or attempts to inflict bodily 
 25.16  harm upon another; 
 25.17  shall be punished as a court-martial may direct. 
 25.18     Sec. 54.  Minnesota Statutes 2000, section 192A.585, is 
 25.19  amended to read: 
 25.20     192A.585 [PERJURY.] 
 25.21     Any person subject to this code who willfully gives false 
 25.22  testimony under oath in the course of a judicial proceeding on 
 25.23  the issue under material to the issue or matter of inquiry shall 
 25.24  be punished as a court-martial may direct. 
 25.25     Sec. 55.  Minnesota Statutes 2000, section 192A.59, is 
 25.26  amended to read: 
 25.27     192A.59 [FRAUDS AGAINST THE GOVERNMENT.] 
 25.28     Any person subject to this code: 
 25.29     (1) Who, knowing it to be false or fraudulent 
 25.30     (a) makes any claim against the United States, the state, 
 25.31  or any officer thereof; or 
 25.32     (b) presents to any person in the civil or military service 
 25.33  thereof, for approval or payment, any claim against the United 
 25.34  States, the state, or any officer thereof; 
 25.35     (2) Who, for the purpose of obtaining the approval, 
 25.36  allowance, or payment of any claim against the United States, 
 26.1   the state, or any officer thereof 
 26.2      (a) makes or uses any writing or other, paper, or 
 26.3   electronic submission knowing it to contain any false or 
 26.4   fraudulent statements; 
 26.5      (b) makes any oath to any fact or to any writing or other, 
 26.6   paper, or electronic submission knowing the oath to be false; or 
 26.7      (c) forges or counterfeits any signature upon any writing 
 26.8   or other paper, or uses any such signature knowing it to be 
 26.9   forged or counterfeited; 
 26.10     (3) Who, having charge, possession, custody, or control of 
 26.11  any money or other property of the United States or the state 
 26.12  furnished or intended for the armed forces of the United States 
 26.13  or the state military forces, knowingly delivers to any person 
 26.14  having authority to receive it any amount thereof less than that 
 26.15  for which that person receives a certificate or receipt; or 
 26.16     (4) Who, being authorized to make or deliver any paper 
 26.17  certifying the receipt of any property of the United States or 
 26.18  the state furnished or intended for the armed forces of the 
 26.19  United States or the state military forces, makes or delivers to 
 26.20  any person such writing without having full knowledge of the 
 26.21  truth of the statements therein contained and with intent to 
 26.22  defraud the United States or the state; 
 26.23  shall, upon conviction, be punished as a court-martial may 
 26.24  direct.  
 26.25     Sec. 56.  Minnesota Statutes 2000, section 192A.60, is 
 26.26  amended to read: 
 26.27     192A.60 [CONDUCT UNBECOMING AN OFFICER.] 
 26.28     Any commissioned officer who is convicted of does or omits 
 26.29  to do certain acts that, under the circumstances, constitute 
 26.30  conduct unbecoming an officer shall be punished as a 
 26.31  court-martial may direct.  
 26.32     Sec. 57.  Minnesota Statutes 2000, section 192A.605, is 
 26.33  amended to read: 
 26.34     192A.605 [GENERAL ARTICLE.] 
 26.35     Though not specifically mentioned in this code, all 
 26.36  disorders and neglects to the prejudice of good order and 
 27.1   discipline in the state military forces, of which persons 
 27.2   subject to this code may be guilty, shall be taken cognizance of 
 27.3   by a general, special, or summary court-martial, according to 
 27.4   the nature and degree of the offense, and all conduct of a 
 27.5   nature to bring discredit upon the state military forces shall 
 27.6   be punished at the discretion of that court as a court-martial 
 27.7   may direct.  However, cognizance may not be taken of, and 
 27.8   jurisdiction may not be extended to, the crimes of murder, 
 27.9   manslaughter, rape, robbery, maiming, sodomy, arson, extortion, 
 27.10  assault, burglary or housebreaking, jurisdiction of which is 
 27.11  reserved to civil courts where a crime constitutes an offense 
 27.12  that violates both this code and the criminal laws of the state 
 27.13  where the offense occurs or criminal laws of the United States, 
 27.14  jurisdiction of the military court must be determined in 
 27.15  accordance with section 192A.02, subdivision 3, paragraph (a).  
 27.16     Sec. 58.  Minnesota Statutes 2000, section 192A.61, 
 27.17  subdivision 3, is amended to read: 
 27.18     Subd. 3.  Any person subject to this code whose conduct is 
 27.19  subject to inquiry shall be designated as a party.  Any person 
 27.20  subject to this code or employed by or for the state military 
 27.21  forces who has a direct interest in the subject of inquiry has 
 27.22  the right to be designated as a party upon request to the 
 27.23  court.  Any person designated as a party shall be given due 
 27.24  notice and has the right to be present, to be represented by 
 27.25  military counsel, or by civilian counsel at the person's own 
 27.26  expense, to cross examine witnesses, and to introduce evidence. 
 27.27     Sec. 59.  Minnesota Statutes 2000, section 192A.612, is 
 27.28  amended to read: 
 27.29     192A.612 [SEARCH WARRANTS.] 
 27.30     During any period of active service under section 190.05, 
 27.31  subdivision 5a or 5b, a military judge, designated as the 
 27.32  summary court officer during such service, is authorized to 
 27.33  issue search warrants, directed to a member of the military 
 27.34  police of the state military forces, to search any person, 
 27.35  place, or vehicle within the confines of the property or 
 27.36  premises being used for such active service or any person or 
 28.1   vehicle pursued therefrom.  No search warrant shall be issued 
 28.2   except upon probable cause, supported by affidavit or sworn 
 28.3   testimony naming and describing the person and particularly 
 28.4   describing the property or thing to be seized and particularly 
 28.5   describing the place to be searched. 
 28.6      Sec. 60.  Minnesota Statutes 2000, section 192A.615, 
 28.7   subdivision 1, is amended to read: 
 28.8      Subdivision 1.  [AUTHORIZED PERSONS] The following members 
 28.9   of the state military forces may administer oaths for the 
 28.10  purposes of military administration, including military justice, 
 28.11  and affidavits may be taken for those purposes before persons 
 28.12  having the general powers of a notary public: 
 28.13     (1) the state judge advocate and all assistant state judge 
 28.14  advocates; 
 28.15     (2) staff judge advocates and acting or assistant staff 
 28.16  judge advocates; 
 28.17     (3) All summary courts-martial; 
 28.18     (4) all adjutants, assistant adjutants, acting adjutants, 
 28.19  and personnel adjutants; 
 28.20     (5) (4) the president, military judge, trial counsel, and 
 28.21  assistant trial counsel for all general and, special, and 
 28.22  summary courts-martial; 
 28.23     (6) (5) the president and the counsel for the court of any 
 28.24  court of inquiry; 
 28.25     (7) (6) all officers designated to take a deposition; 
 28.26     (8) (7) all persons detailed to conduct an investigation; 
 28.27  and 
 28.28     (9) (8) all other persons designated by rules of the 
 28.29  governor. 
 28.30     Sec. 61.  Minnesota Statutes 2000, section 192A.615, 
 28.31  subdivision 2, is amended to read: 
 28.32     Subd. 2.  [ON DUTY REQUIREMENT.] Officers of the state 
 28.33  military forces may not be authorized to administer oaths as 
 28.34  provided in this section unless they are on duty in or with 
 28.35  those forces under orders of the governor as prescribed in this 
 28.36  code. 
 29.1      Sec. 62.  Minnesota Statutes 2000, section 192A.62, is 
 29.2   amended to read: 
 29.3      192A.62 [SECTIONS TO BE EXPLAINED.] 
 29.4      Sections 192A.02, 192A.025, 192A.045 to, 192A.065, 192A.07, 
 29.5   192A.08, 192A.085, 192A.145, 192A.155, 192A.205, 192A.295, 
 29.6   192A.385 to 192A.595, and 192A.62 to 192A.63 shall be carefully 
 29.7   explained to every enlisted member at the time of the member's 
 29.8   enlistment or transfer or induction into, or at the time of the 
 29.9   member's order to duty in or with any of the state military 
 29.10  forces or within 30 days thereafter.  They shall also be 
 29.11  explained annually to each unit of the state military forces.  A 
 29.12  complete text of this code and of the rules prescribed by the 
 29.13  governor thereunder shall be made available to any member of the 
 29.14  state military forces, upon the member's request, for personal 
 29.15  examination.  Failure to provide briefings to soldiers or 
 29.16  otherwise explain this code to soldiers shall not be a defense 
 29.17  to a court-martial proceeding, except as mitigation in 
 29.18  sentencing. 
 29.19     Sec. 63.  Minnesota Statutes 2000, section 192A.635, is 
 29.20  amended to read: 
 29.21     192A.635 [EXECUTION OF PROCESS AND SENTENCE.] 
 29.22     In the state military forces not in federal active service 
 29.23  the processes and sentences of its courts-martial shall be 
 29.24  executed by the civil officers prescribed by the laws of the 
 29.25  state.  
 29.26     Sec. 64.  Minnesota Statutes 2000, section 192A.64, 
 29.27  subdivision 1, is amended to read: 
 29.28     Subdivision 1.  [KINDS OF PROCESS.] Military courts may 
 29.29  issue any process or mandate, including writs and warrants 
 29.30  necessary to carry into effect their powers.  Such a court may 
 29.31  issue subpoenas and subpoenas duces tecum and enforce by 
 29.32  attachment attendance of witnesses and production of books and 
 29.33  records, when it is sitting within the state and the witnesses, 
 29.34  books, and records sought are also so located.  
 29.35     Sec. 65.  Minnesota Statutes 2000, section 192A.64, 
 29.36  subdivision 2, is amended to read: 
 30.1      Subd. 2.  [TO WHOM DIRECTED.] Process and mandates may be 
 30.2   issued by summary courts-martial, provost courts, or the 
 30.3   president of other military courts and may be directed to and 
 30.4   may be executed by the marshals of the military court or any 
 30.5   peace officer directed to the provost marshal, the military 
 30.6   police, or any licensed peace officer of the state and shall be 
 30.7   in such form as may be prescribed by rules issued under this 
 30.8   code.  
 30.9      Sec. 66.  Minnesota Statutes 2000, section 192A.645, is 
 30.10  amended to read: 
 30.11     192A.645 [PAYMENT OF FINES AND DISPOSITION THEREOF.] 
 30.12     Fines imposed by a military court may be paid to it or to 
 30.13  an officer executing its process.  The amount of such a fine may 
 30.14  be noted upon any state roll or account for pay of the 
 30.15  delinquent military member and deducted from any pay or 
 30.16  allowance due or thereafter to become due the delinquent 
 30.17  military member, until the fine is liquidated.  Any sum so 
 30.18  deducted shall be turned in to the military court which imposed 
 30.19  the fine.  The proceeds of all such fines shall be disposed of 
 30.20  in accordance with section 192.68.  All moneys so deposited with 
 30.21  the adjutant general are appropriated for the purposes stated.  
 30.22     Sec. 67.  Minnesota Statutes 2000, section 192A.65, is 
 30.23  amended to read: 
 30.24     192A.65 [IMMUNITY FOR ACTION OF MILITARY COURTS.] 
 30.25     No accused or convicted member of the state military forces 
 30.26  may bring an action or proceeding against the convening 
 30.27  authority or a member of a military court or officer or person 
 30.28  acting under its authority or reviewing its proceedings because 
 30.29  of the approval, imposition, or execution of any sentence or the 
 30.30  imposition or collection of a fine or penalty, or the execution 
 30.31  of any process or mandate of a military court.  
 30.32     Sec. 68.  Minnesota Statutes 2000, section 192A.66, is 
 30.33  amended to read: 
 30.34     192A.66 [DELEGATION OF AUTHORITY BY THE GOVERNOR.] 
 30.35     Except for the power in sections 192A.115 and 192A.13, the 
 30.36  authority vested in the governor under this code may be 
 31.1   delegated, and provisions made for the subdelegation of any such 
 31.2   authority or subdelegated. 
 31.3      Sec. 69.  Minnesota Statutes 2000, section 192A.665, is 
 31.4   amended to read: 
 31.5      192A.665 [UNIFORMITY OF INTERPRETATION.] 
 31.6      This chapter shall be so construed as to effectuate its 
 31.7   general purpose to make uniform the law of those states which 
 31.8   enact it and, so far as practical, to make that law these laws 
 31.9   uniform with the law of the United States.  
 31.10     Sec. 70.  [REVISOR INSTRUCTION.] 
 31.11     The revisor shall renumber Minnesota Statutes, section 
 31.12  192A.30 as section 192A.111 and correct all references to that 
 31.13  section in Minnesota Statutes and Minnesota Rules. 
 31.14     Sec. 71.  [REPEALER.] 
 31.15     Minnesota Statutes 2000, sections 192A.045, subdivision 1; 
 31.16  192A.06; 192A.075; 192A.145; 192A.165; 192A.17; 192A.175; 
 31.17  192A.18; 192A.185; 192A.19; 192A.195; 192A.21; 192A.215; 
 31.18  192A.22; 192A.225; 192A.23; 192A.235, subdivision 2; 192A.245; 
 31.19  192A.265; 192A.27; 192A.275; 192A.285; 192A.29; 192A.295; 
 31.20  192A.305; 192A.31, subdivision 2; 192A.315; 192A.32; 192A.325; 
 31.21  192A.33; 192A.335; 192A.34; 192A.345; 192A.35; 192A.355; 
 31.22  192A.36; 192A.365; 192A.37; 192A.375; 192A.38; 192A.43, 
 31.23  subdivision 3; 192A.505; 192A.52; 192A.53; 192A.58; 192A.611; 
 31.24  and 192A.655, are repealed.