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HF 1138

as introduced - 88th Legislature (2013 - 2014) Posted on 04/29/2013 04:15pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/04/2013

Current Version - as introduced

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A bill for an act
relating to the military; updating the Minnesota Code of Military Justice;
providing clarifying language; amending Minnesota Statutes 2012, sections
192A.02, subdivision 1; 192A.045, subdivision 3; 192A.095; 192A.10;
192A.105; 192A.11, subdivision 1; 192A.111; 192A.13; 192A.20; 192A.235,
subdivision 3; 192A.605; 192A.62; 192A.66; proposing coding for new law in
Minnesota Statutes, chapter 192A; repealing Minnesota Statutes 2012, sections
192A.085; 192A.11, subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2012, section 192A.02, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

new text begin(a) new text endThis code applies to all members of the state
military forces deleted text beginin active servicedeleted text end as defined by section 190.05deleted text begin, subdivision 5deleted text end.

new text begin (b) Subject matter jurisdiction is established if a nexus exists between an offense,
either military or nonmilitary, and the state military force.
new text end

Sec. 2.

Minnesota Statutes 2012, section 192A.045, subdivision 3, is amended to read:


Subd. 3.

Absence without leave.

If any person subject to this code misses a
movement to, or is absent without official leave from, deleted text beginannual field training or active
state duty
deleted text endnew text begin any military duty defined under section 190.05, subdivisions 5a and 5bnew text end, deleted text beginsuch
deleted text end new text beginthe new text endperson may be apprehended and delivered to the person's commanding officernew text begin or the
officer-in-charge
new text end. Apprehension may be made by military police personnel or by any
licensed peace officer pursuant to a warrant issued by a military judge upon a finding
of probable cause.

Sec. 3.

new text begin [192A.0851] COMMANDING OFFICER'S NONJUDICIAL
PUNISHMENT.
new text end

new text begin (a) Any commander may impose disciplinary punishments for minor offenses
without the intervention of a court-martial pursuant to this section. The governor, the
adjutant general, or a general officer in command may delegate the powers under this
section to a deputy commanding general or assistant adjutant general who is a member of
the state military forces.
new text end

new text begin (b) Any commanding officer may impose upon enlisted members of the officer's
command:
new text end

new text begin (1) an admonition;
new text end

new text begin (2) a reprimand;
new text end

new text begin (3) the withholding of privileges for not more than six months;
new text end

new text begin (4) the forfeiture of not more than seven days' pay;
new text end

new text begin (5) a reduction to the next inferior pay grade, if the grade from which demoted
is within the promotion authority of the officer imposing the reduction or any officer
subordinate to the one who imposes the reduction;
new text end

new text begin (6) extra duties for not more than 14 days, which need not be consecutive; and
new text end

new text begin (7) restriction to certain specified limits, with or without suspension from duty, for
not more than 14 days, which need not be consecutive.
new text end

new text begin (c) Any commanding officer of the grade of major or lieutenant colonel or above
may impose upon enlisted members of the officer's command:
new text end

new text begin (1) any punishment authorized in paragraph (b), clauses (1), (2), and (3);
new text end

new text begin (2) the forfeiture of not more than one-half of one month's pay per month for two
months;
new text end

new text begin (3) a reduction to the lowest or any intermediate pay grade, if the grade from which
demoted is within the promotion authority of the officer imposing the reduction or any
officer subordinate to the one who imposes the reduction, but an enlisted member in a pay
grade above E-4 may not be reduced more than one pay grade;
new text end

new text begin (4) extra duties for not more than 45 days, which need not be consecutive; and
new text end

new text begin (5) restriction to certain specified limits, with or without suspension from duty, for
not more than 60 days, which need not be consecutive.
new text end

new text begin (d) The governor, the adjutant general, an officer exercising general court-martial
convening authority, or a general officer in command may impose:
new text end

new text begin (1) upon officers of the officer's command:
new text end

new text begin (i) any punishment authorized in paragraph (c), clause (1), (2), and (5); and
new text end

new text begin (ii) arrest in quarters for not more than 30 days, which need not be consecutive; and
new text end

new text begin (2) upon enlisted members of the officer's command, any punishment authorized in
paragraph (c).
new text end

new text begin (e) Whenever any of those punishments are combined to run consecutively, the total
length of the combined punishment cannot exceed the authorized duration of the longest
punishment in the combination, and there must be an apportionment of punishments so that
no single punishment in the combination exceeds its authorized length under this section.
new text end

new text begin (f) Prior to the offer of nonjudicial punishment, the commanding officer shall
determine whether arrest in quarters or restriction shall be considered as punishments.
Should the commanding officer determine that the punishment options may include arrest
in quarters or restriction, the accused shall be notified of the right to demand trial by
court-martial. Should the commanding officer determine that the punishment options will
not include arrest in quarters or restriction, the accused shall be notified that there is no
right to trial by courts-marital in lieu of nonjudicial punishment.
new text end

new text begin (g) The officer who imposes the punishment, or the successor in command, may, at
any time, suspend, set aside, mitigate, or remit any part or amount of the punishment and
restore all rights, privileges, and property affected. The officer also may:
new text end

new text begin (1) mitigate reduction in grade to forfeiture of pay;
new text end

new text begin (2) mitigate arrest in quarters to restriction; or
new text end

new text begin (3) mitigate extra duties to restriction.
new text end

new text begin The mitigated punishment shall not be for a greater period than the punishment mitigated.
When mitigating reduction in grade to forfeiture of pay, the amount of the forfeiture shall
not be greater than the amount that could have been imposed initially under this section by
the officer who imposed the punishment mitigated.
new text end

new text begin (h) A person punished under this section who considers the punishment unjust
or disproportionate to the offense may, through the proper channel, appeal to the next
superior authority within 15 days after the punishment is either announced or sent to the
accused, as the commander may determine. The appeal shall be promptly forwarded
and decided, but the person punished may in the meantime be required to undergo the
punishment adjudged. The superior authority may exercise the same powers with respect
to the punishment imposed as may be exercised under paragraph (g) by the officer who
imposed the punishment. Before acting on an appeal from a punishment, the authority that
is to act on the appeal may refer the case to a judge advocate for consideration and advice.
new text end

new text begin (i) The imposition and enforcement of disciplinary punishment under this section for
any act or omission is not a bar to trial by court-martial or a civilian court of competent
jurisdiction for a serious crime or offense growing out of the same act or omission and not
properly punishable under this section. The fact that a disciplinary punishment has been
enforced may be shown by the accused upon trial and, when so shown, it shall be considered
in determining the measure of punishment to be adjudged in the event of a finding of guilty.
new text end

new text begin (j) Whenever a punishment of forfeiture of pay is imposed under this section, the
forfeiture may apply to pay accruing before, on, or after the date that punishment is
imposed.
new text end

new text begin Regulations may prescribe the form of records to be kept of proceedings under this section
and may prescribe that certain categories of those proceedings shall be in writing.
new text end

Sec. 4.

Minnesota Statutes 2012, section 192A.095, is amended to read:


192A.095 JURISDICTION OF COURTS-MARTIAL IN GENERAL.

Each force of the state military forces not in federal active service has court-martial
jurisdiction over all persons subject to this code. The exercise of jurisdiction by one
force over personnel of another force shall be in accordance with rules prescribed by the
governornew text begin or the adjutant generalnew text end.

Sec. 5.

Minnesota Statutes 2012, section 192A.10, is amended to read:


192A.10 JURISDICTION OF GENERAL COURTS-MARTIAL.

Subject to section 192A.095 general courts-martial have jurisdiction to try persons
subject to this code for any offense made punishable by this code and may, under such
limitations as the governornew text begin or the adjutant generalnew text end may prescribe, adjudge any deleted text beginof the
following punishments:
deleted text endnew text begin punishment not forbidden by this code.
new text end

deleted text begin (1) a reprimand;
deleted text end

deleted text begin (2) confinement for not more than 200 days or a fine of not more than $200;
deleted text end

deleted text begin (3) forfeiture of not more than 48 days' pay;
deleted text end

deleted text begin (4) dismissal, bad conduct discharge, or dishonorable discharge;
deleted text end

deleted text begin (5) reduction in rank of an enlisted member to any lower enlisted rank including the
lowest enlisted rank; or
deleted text end

deleted text begin (6) any combination of these punishments.
deleted text end

Sec. 6.

Minnesota Statutes 2012, section 192A.105, is amended to read:


192A.105 JURISDICTION OF SPECIAL COURTS-MARTIAL.

Subject to section 192A.095 special courts-martial have jurisdiction to try persons
subject to this codedeleted text begin, except commissioned or warrant officers, for any offense for which
they may be punished under this code. A special court-martial may adjudge the following
punishments:
deleted text endnew text begin for any offense made punishable by this code, and may, under such
limitations as the governor or the adjutant general may prescribe, adjudge any punishment
not forbidden by this code except dishonorable discharge, dismissal, confinement for more
than 90 days, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay
for more than one year.
new text end

deleted text begin (1) a reprimand;
deleted text end

deleted text begin (2) confinement of not more than 90 days or a fine of not more than $100;
deleted text end

deleted text begin (3) forfeiture of not more than 24 days' pay;
deleted text end

deleted text begin (4) reduction in rank of an enlisted member to any lower enlisted rank including
the lowest enlisted grade;
deleted text end

deleted text begin (5) a bad conduct discharge; or
deleted text end

deleted text begin (6) any combination of these punishments.
deleted text end

Sec. 7.

Minnesota Statutes 2012, section 192A.11, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginJurisdictionsdeleted text endnew text begin Jurisdiction of summary courts-martialnew text end.

new text begin(a) new text endSubject
to section 192A.095 new text beginof this code, new text endsummary courts-martial have jurisdiction to try persons
subject to this code, deleted text beginexcept commissioned or warrant officers, for any offense made
punishable by this code.
deleted text endnew text begin except for officers, cadets, candidates, and midshipmen, for
any offense made punishable by this code under such limitations as the governor or the
adjutant general may prescribe.
new text end

new text begin (b) No person with respect to whom summary courts-martial have jurisdiction may
object thereto. Summary courts-martial may, under such limitations as the governor or the
adjutant general may prescribe, adjudge any punishment not forbidden by this code except
dismissal, dishonorable or bad-conduct discharge, confinement, restriction to specified
limits for more than two months, or forfeiture of more than two-thirds of one month's pay.
new text end

new text begin (c) Procedure for summary courts-martial shall conform to the procedure of
Department of the Army Pamphlet 27-7 except for authorized punishments which shall
conform to the limits prescribed by this code.
new text end

Sec. 8.

Minnesota Statutes 2012, section 192A.111, is amended to read:


192A.111 MAXIMUM LIMITS.

new text begin Subdivision 1. new text end

new text begin Punishment limits. new text end

The punishment deleted text beginwhichdeleted text endnew text begin thatnew text end a court-martial may
direct for an offense may not exceed limits prescribed by this code.

new text begin Subd. 2. new text end

new text begin Level of offense. new text end

new text begin (a) Subject to paragraphs (b) and (c), all military offenses
are misdemeanors, and a sentence of confinement must not exceed 90 days.
new text end

new text begin (b) In cases where the civilian authorities decline to prosecute and court-martial
jurisdiction is taken pursuant to sections 192A.02, subdivision 3, and 192A.605, the level
of offense and punishment a court-martial is authorized is defined by the level of offense
and punishments authorized under the statute for the assimilated crime.
new text end

new text begin (c) For crimes under sections 192A.54, 192A.545, 192A.59, and 192A.595 with
monetary loss of $1,000 or more, confinement must not exceed ten years. A sentence of
confinement for more than one year is a felony offense.
new text end

new text begin (d) Any conviction by a summary courts-martial is not a criminal conviction.
new text end

new text begin (e) The limits of punishment for violations of the purely military offenses
prescribed under this section shall be lesser of the sentences prescribed by the manual for
courts-martial of the United States, and the state manual for courts-martial, but in no
instance shall any punishment exceed that authorized by this code.
new text end

Sec. 9.

Minnesota Statutes 2012, section 192A.13, is amended to read:


192A.13 WHO MAY CONVENE GENERAL COURTS-MARTIAL.

new text begin (a) new text endIn the state military forces not in federal active service, general courts-martial
may be convened bynew text begin:
new text end

new text begin (1)new text end the governornew text begin; or
new text end

new text begin (2) the adjutant generalnew text end.

new text begin (b) The governor or the adjutant general may authorize in writing other general
officers in command as additional general courts-martial convening authorities. The
authorization terminates no later than the term of the adjutant general or governor making
the authorization.
new text end

new text begin (c) If a commanding officer or the adjutant general is an accuser, the court shall be
convened by superior competent authority and may in any case be convened by a superior
authority if considered desirable by that authority.
new text end

Sec. 10.

Minnesota Statutes 2012, section 192A.20, is amended to read:


192A.20 GOVERNOR MAY PRESCRIBE RULES.

The procedure, including modes of proof, in cases before military courts and other
military tribunals may be prescribed by the governornew text begin or the adjutant generalnew text end by rules,
which shall, so far as the governornew text begin or the adjutant generalnew text end considers practicable, apply the
principles of law and the rules of evidence generally recognized in the trial of criminal cases
in the courts of the state, but which may not be contrary to or inconsistent with this code.

Sec. 11.

Minnesota Statutes 2012, section 192A.235, subdivision 3, is amended to read:


Subd. 3.

Three-year limitation.

Except as otherwise provided in subdivision 1,new text begin and
section 628.26,
new text end a person charged with any offense is not liable to be tried by court-martial
or punished under section deleted text begin192A.085deleted text endnew text begin 192A.0851new text end if the offense was committed more than
three years before the receipt of sworn charges and specifications by an officer exercising
court-martial jurisdiction over the command or before the imposition of punishment
under section deleted text begin192A.085deleted text endnew text begin 192A.0851new text end.

Sec. 12.

new text begin [192A.34] ERROR OF LAW; LESSER INCLUDED OFFENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Error of law. new text end

new text begin A finding or sentence of a court-martial may not be
held incorrect on the ground of an error of law unless the error materially prejudices the
substantial rights of the accused.
new text end

new text begin Subd. 2. new text end

new text begin Lesser offense. new text end

new text begin Any reviewing authority with the power to approve or
affirm a finding of guilty may approve or affirm, instead, so much of the finding as
includes a lesser included offense.
new text end

Sec. 13.

new text begin [192A.345] ACTION BY CONVENING AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Reporting findings and sentence. new text end

new text begin The findings and sentence
of a court-martial shall be reported promptly to the convening authority after the
announcement of the sentence.
new text end

new text begin Subd. 2. new text end

new text begin Submissions of the accused. new text end

new text begin (a) The accused may submit to the convening
authority matters for consideration by the convening authority with respect to the findings
and the sentence. Any such submission shall be in writing. Except in a summary
courts-martial case, such a submission shall be made within 21 days after the accused has
been given an authenticated record of trial and, if applicable, the recommendation of a
judge advocate under subdivision 4. In a summary courts-martial case, a submission shall
be made within 14 days after the sentence is announced.
new text end

new text begin (b) If the accused shows that additional time is required for the accused to submit the
matters, the convening authority or other person taking action under this section, for good
cause, may extend the applicable period under paragraph (a).
new text end

new text begin (c) In a summary courts-martial case, the accused shall be promptly provided a copy
of the record of trial for use in preparing a submission authorized by paragraph (a).
new text end

new text begin (d) The accused may waive the right to make a submission to the convening
authority under paragraph (a). A waiver must be made in writing and may not be revoked.
For the purposes of subdivision (3), paragraph (b), the time within which the accused may
make a submission under this subdivision shall be deemed to have expired upon the
submission of a waiver to the convening authority.
new text end

new text begin Subd. 3. new text end

new text begin Action on findings. new text end

new text begin (a) The authority under this section to modify the
findings and sentence of a court-martial is a matter of command prerogative involving the
sole discretion of the convening authority. If it is impractical for the convening authority
to act, the convening authority shall forward the case to a person exercising general
court-martial jurisdiction who may take action under this section.
new text end

new text begin (b) Action on the sentence of a court-martial shall be taken by the convening
authority. The action may be taken only after the consideration of any matters submitted
by the accused under subdivision 2 or after the time for submitting the matter expires,
whichever is earlier. The convening authority, in that person's sole discretion may
approve, disapprove, commute, or suspend the sentence in whole or in part.
new text end

new text begin (c) Action on the findings of a court-martial by the convening authority or other
person acting on the sentence is not required. However, such person, in the person's
sole discretion may:
new text end

new text begin (1) dismiss any charge or specification by setting aside a finding of guilty; or
new text end

new text begin (2) change a finding of guilty to a charge or specification to a finding of guilty to an
offense that is a lesser included offense of the offense stated in the charge or specification.
new text end

new text begin Subd. 4. new text end

new text begin Judge advocate recommendation. new text end

new text begin Before acting under this section on
any general or special court-martial case in which there is a finding of guilt, the convening
authority or other person taking action under this section shall obtain and consider the
written recommendation of a judge advocate. The convening authority shall refer the
record of trial to the judge advocate, and the judge advocate shall use such record in the
preparation of the recommendation. The recommendation of the judge advocate shall
include those matters as may be prescribed by regulation and shall be served on the
accused, who may submit any matter in response under subdivision 2. Failure to object
in the response to the recommendation or to any matter attached to the recommendation
waives the right to object to the recommendation.
new text end

new text begin Subd. 5. new text end

new text begin Proceedings in revision, rehearing, and reconsideration. new text end

new text begin (a) The
convening authority or other person taking action under this section, in the person's sole
discretion, may order a proceeding in revision or a rehearing.
new text end

new text begin (b) A proceeding in revision may be ordered if there is an apparent error or omission
in the record or if the record shows improper or inconsistent action by a court-martial with
respect to the findings or sentence that can be rectified without material prejudice to the
substantial rights of the accused. In no case, however, may a proceeding in revision:
new text end

new text begin (1) reconsider a finding of not guilty of any specification or a ruling that amounts
to a finding of not guilty;
new text end

new text begin (2) reconsider a finding of not guilty of any charge, unless there has been a finding
of guilty under a specification laid under that charge, which sufficiently alleges a violation
of this code; or
new text end

new text begin (3) increase the severity of the sentence unless the sentence prescribed for the
offense in mandatory.
new text end

new text begin (c) A rehearing may be ordered by the convening authority or other person taking
action under this section if that person disapproves the findings and sentence and states the
reasons for disapproval of the findings. If a person disapproves of the findings and sentence
and does not order a rehearing, that person shall dismiss the charges. A rehearing as to
the findings may not be ordered where there is a lack of sufficient evidence in the record
to support the findings. A rehearing as to the sentence may be ordered if the convening
authority or other person taking action under this subdivision disapproves the sentence.
new text end

Sec. 14.

new text begin [192A.35] WITHDRAWAL OF APPEAL.
new text end

new text begin (a) In each case subject to appellate review under this code, the accused may file
with the convening authority a statement expressly withdrawing the right of the accused
to an appeal. A withdrawal shall be signed by both the accused and defense counsel and
must be filed in accordance with appellate procedures as provided by law.
new text end

new text begin (b) The accused may withdraw an appeal at any time in accordance with appellate
procedures as provided by law.
new text end

Sec. 15.

new text begin [192A.355] APPEAL BY STATE.
new text end

new text begin Subdivision 1. new text end

new text begin Appeal. new text end

new text begin (a) In a trial by court-martial in which a punitive discharge
may be adjudged, the state may appeal the following, other than a finding of not guilty
with respect to the charge or specification by the members of the court-martial, or by a
judge in a bench trial so long as it is not made in reconsideration:
new text end

new text begin (1) an order or ruling of the military judge that terminates the proceedings with
respect to a charge or specification;
new text end

new text begin (2) an order or ruling that excludes evidence that is substantial proof of a fact
material in the proceeding;
new text end

new text begin (3) an order or ruling that directs the disclosure of classified information;
new text end

new text begin (4) an order or ruling that imposes sanctions for nondisclosure of classified
information;
new text end

new text begin (5) a refusal of the military judge to issue a protective order sought by the state to
prevent the disclosure of classified information; and
new text end

new text begin (6) a refusal by the military judge to enforce an order described in clause (5) that has
previously been issued by appropriate authority.
new text end

new text begin (b) An appeal of an order or ruling may not be taken unless the trial counsel provides
the military judge with written notice of appeal from the order or ruling within 72 hours of
the order or ruling. The notice shall include a certification by the trial counsel that the
appeal is not taken for the purpose of delay and, if the order or ruling appealed is one
which excludes evidence, that the evidence excluded is substantial proof of a fact material
in the proceeding.
new text end

new text begin (c) An appeal under this section shall be diligently prosecuted as provided by law.
new text end

new text begin Subd. 2. new text end

new text begin Appeal forwarded. new text end

new text begin An appeal under this section shall be forwarded to the
court prescribed in section 192A.37. In ruling on an appeal under this section, that court
may act only with respect to matters of law.
new text end

new text begin Subd. 3. new text end

new text begin Delay of appeal. new text end

new text begin Any period of delay resulting from an appeal under this
section shall be excluded in deciding any issue regarding denial of a speedy trial unless an
appropriate authority determines that the appeal was filed solely for the purpose of delay
with the knowledge that it was totally frivolous and without merit.
new text end

Sec. 16.

new text begin [192A.36] REHEARINGS.
new text end

new text begin A rehearing under this code shall take place before a court-martial composed of
members who were not members of the court-martial that first heard the case. Upon a
rehearing, the accused may not be tried for any offense of which the accused was found
not guilty by the first court-martial, and no sentence in excess of or more severe than the
original sentence may be approved, unless the sentence is based upon a finding of guilty
of an offense not considered upon the merits in the original proceedings, or unless the
sentence prescribed for the offense is mandatory. If the sentence approved after the first
court-martial was in accordance with a pretrial agreement and the accused at the rehearing
changes a plea with respect to the charges or specifications upon which the pretrial
agreement was based, or otherwise does not comply with the pretrial agreement, the
approved sentence as to those charges or specifications may include any punishment not in
excess of that lawfully adjudged at the first court-martial.
new text end

Sec. 17.

new text begin [192A.365] REVIEW BY SENIOR FORCE JUDGE ADVOCATE.
new text end

new text begin Subdivision 1. new text end

new text begin Review of findings of guilt. new text end

new text begin (a) A general and special court-martial
case in which there has been a finding of guilty shall be reviewed by the senior force judge
advocate, or a designee. The senior force judge advocate, or designee, may not review
a case under this subdivision if that person has acted in the same case as an accuser,
investigating officer, member of the court, military judge, or counsel or has otherwise
acted on behalf of the prosecution or defense.
new text end

new text begin (b) The senior force judge advocate's review shall be in writing and shall contain
the following:
new text end

new text begin (1) conclusions as to whether:
new text end

new text begin (i) the court had jurisdiction over the accused and the offense;
new text end

new text begin (ii) the charge and specification stated an offense; and
new text end

new text begin (iii) the sentence was within the limits prescribed as a matter of law;
new text end

new text begin (2) a response to each allegation of error made in writing by the accused; and
new text end

new text begin (3) if the case is sent for action under subdivision 2, a recommendation as to the
appropriate action to be taken and an opinion as to whether corrective action is required
as a matter of law.
new text end

new text begin Subd. 2. new text end

new text begin Action by adjutant general; authorization. new text end

new text begin The record of trial and
related documents in each case reviewed under subdivision 1 shall be sent for action
to the adjutant general if:
new text end

new text begin (1) the judge advocate who reviewed the case recommends corrective action;
new text end

new text begin (2) the sentence approved under section 192A.345, subdivision 3, extends to
dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six
months; or
new text end

new text begin (3) the action is otherwise required by regulations of the adjutant general.
new text end

new text begin Subd. 3. new text end

new text begin Adjutant general action. new text end

new text begin (a) The adjutant general may:
new text end

new text begin (1) disapprove or approve the findings or sentence, in whole or in part;
new text end

new text begin (2) remit, commute, or suspend the sentence in whole or in part;
new text end

new text begin (3) except where the evidence was insufficient at the trial to support the findings,
order a rehearing on the findings, on the sentence, or on both; or
new text end

new text begin (4) dismiss the charges.
new text end

new text begin (b) If a rehearing is ordered but the convening authority finds a rehearing
impracticable, the convening authority shall dismiss the charges.
new text end

Sec. 18.

new text begin [192A.37] REVIEW BY STATE APPELLATE AUTHORITY.
new text end

new text begin Decisions of a special or general courts-martial may be appealed to the Minnesota
Court of Appeals according to the Minnesota Rules of Criminal and Appellate Procedure.
new text end

Sec. 19.

new text begin [192A.375] APPELLATE COUNSEL.
new text end

new text begin Subdivision 1. new text end

new text begin Appellate government counsel. new text end

new text begin The senior force judge advocate
shall detail a judge advocate as appellate government counsel to represent the state in the
review or appeal of cases specified in section 192A.37, and before any federal court when
requested to do so by the state attorney general. Appellate government counsel must be a
member in good standing of the bar of the highest court of the state.
new text end

new text begin Subd. 2. new text end

new text begin Right to be represented; appeal by state. new text end

new text begin (a) Upon an appeal by the
state, an accused has the right to be represented by detailed military counsel before any
reviewing authority and before any appellate court.
new text end

new text begin Subd. 3. new text end

new text begin Right to be represented; appeal by accused. new text end

new text begin (a) Upon the appeal
by an accused, the accused has the right to be represented by military counsel before
any reviewing authority.
new text end

new text begin (b) Upon the request of an accused entitled to be represented, the senior force judge
advocate shall appoint a judge advocate to represent the accused in the review or appeal
of cases specified in subdivisions 2 and 3.
new text end

new text begin (c) An accused may be represented by civilian appellate counsel at no expense to
the state.
new text end

Sec. 20.

new text begin [192A.38] FINALITY OF PROCEEDINGS, FINDINGS, AND
SENTENCES.
new text end

new text begin The appellate review of records of trial provided by this code, the proceedings,
findings, and sentences of courts-martial as approved, reviewed, or affirmed as required
by this code, and all dismissals and discharges carried into execution under sentences by
courts-martial following approval, review, or affirmation as required by this code, are final
and conclusive. Orders publishing the proceedings of courts-martial and all action taken
pursuant to those proceedings are binding upon all departments, courts, agencies, and
officers of the United States and the several states, subject only to action upon a petition
for a new trial and to action for remission and suspension.
new text end

Sec. 21.

new text begin [192A.566] ILLEGAL PRESENCE OF CONTROLLED SUBSTANCE
WHILE IN DUTY STATUS.
new text end

new text begin (a) A person subject to this code who, while in any duty status defined in section
190.05, subdivision 5, submits to a urinalysis test, the result of which is positive for
a controlled substance described in paragraph (b), shall be punished as a court-martial
may direct.
new text end

new text begin (b) For purposes of this section, "controlled substance" includes the following:
new text end

new text begin (1) opium, heroin, cocaine, amphetamine, lysergic acid diethylamide,
methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or
derivative of any such substance;
new text end

new text begin (2) any substance not specified in clause (1) that is listed on a schedule of controlled
substances prescribed by the President of the United States for the purposes of the
Uniform Code of Military Justice of the armed forces of the United States, United States
Code, title 10, section 801 et seq.;
new text end

new text begin (3) any other substance not specified in clause (1) or contained on a list prescribed by
the President of the United States under clause (2) that is listed in schedules I through V of
article 202 of the Controlled Substances Act, United States Code, title 21, section 812; and
new text end

new text begin (4) any substance defined in sections 152.01 and 152.027, subdivision 6.
new text end

new text begin (c) It is an affirmative defense which may be proved by a preponderance of the
evidence that the person had a valid prescription for that controlled substance and was
using the controlled substance in the manner for which it was prescribed.
new text end

Sec. 22.

Minnesota Statutes 2012, section 192A.605, is amended to read:


192A.605 GENERAL ARTICLE.

Though not specifically mentioned in this code, all disorders and neglects to the
prejudice of good order and discipline in the state military forces, deleted text beginanddeleted text end all conduct of a
nature to bring discredit upon the state military forcesnew text begin, any crime punishable by the law of
this state other than those specifically enumerated in the punitive sections of this code,
and any crime contained in the Uniform Code of Military Justice
new text end shall be punished as a
court-martial may direct. However, where a crime constitutes an offense that violates both
this code and the criminal laws of the state where the offense occurs or criminal laws of
the United States, jurisdiction of the military court must be determined in accordance with
section 192A.02, subdivision 3, paragraph (a).

Sec. 23.

Minnesota Statutes 2012, section 192A.62, is amended to read:


192A.62 SECTIONS TO BE EXPLAINED.

Sections 192A.02, 192A.025, 192A.045, 192A.065, 192A.07, 192A.08, deleted text begin192A.085
deleted text endnew text begin 192A.0851new text end, 192A.155, 192A.205, 192A.385 to 192A.595, and 192A.62 to 192A.63 shall
be carefully explained to every enlisted member at the time of the member's enlistment or
transfer or induction into, or at the time of the member's order to duty in or with any of the
state military forces or within 30 days thereafter. They shall also be explained annually
to each unit of the state military forces. A complete text of this code and of the rules
prescribed by the governor thereunder shall be made available to any member of the state
military forces, upon the member's request, for personal examination. Failure to provide
briefings to soldiers or otherwise explain this code to soldiers shall not be a defense to a
court-martial proceeding, except as mitigation in sentencing.

Sec. 24.

Minnesota Statutes 2012, section 192A.66, is amended to read:


192A.66 DELEGATION OF AUTHORITY BY GOVERNOR.

deleted text begin Except for the power in sections 192A.115 and 192A.13,deleted text end The authority vested in the
governor under this code may be delegated or subdelegated.

Sec. 25. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 192A.085; and 192A.11, subdivisions 2 and
3,
new text end new text begin are repealed.
new text end