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Key: (1) language to be deleted (2) new language

                            CHAPTER 308-S.F.No. 3145 
                  An act relating to the military; revising the 
                  Minnesota code of military justice; amending Minnesota 
                  Statutes 2000, sections 192A.015; 192A.02, subdivision 
                  3, by adding a subdivision; 192A.025; 192A.045, 
                  subdivisions 2, 3; 192A.05; 192A.055; 192A.07; 
                  192A.08, subdivision 1; 192A.085, subdivisions 1, 3, 
                  5, 7; 192A.09; 192A.095; 192A.10; 192A.105; 192A.11, 
                  subdivisions 1, 3; 192A.115; 192A.13; 192A.135; 
                  192A.14; 192A.15, subdivisions 3, 5; 192A.155; 
                  192A.16; 192A.205; 192A.235, subdivision 3; 192A.25, 
                  subdivision 3; 192A.28; 192A.31, subdivision 1; 
                  192A.384; 192A.385; 192A.39; 192A.415; 192A.43, 
                  subdivisions 1, 2; 192A.46; 192A.47; 192A.48; 
                  192A.485; 192A.50; 192A.51; 192A.525; 192A.54; 
                  192A.55; 192A.555; 192A.56; 192A.57; 192A.585; 
                  192A.59; 192A.60; 192A.605; 192A.61, subdivision 3; 
                  192A.612; 192A.615, subdivisions 1, 2; 192A.62; 
                  192A.635; 192A.64, subdivisions 1, 2; 192A.645; 
                  192A.65; 192A.66; 192A.665; proposing coding for new 
                  law in Minnesota Statutes, chapter 192A; repealing 
                  Minnesota Statutes 2000, sections 192A.045, 
                  subdivision 1; 192A.06; 192A.075; 192A.145; 192A.165; 
                  192A.17; 192A.175; 192A.18; 192A.185; 192A.19; 
                  192A.195; 192A.21; 192A.215; 192A.22; 192A.225; 
                  192A.23; 192A.235, subdivision 2; 192A.245; 192A.265; 
                  192A.27; 192A.275; 192A.285; 192A.29; 192A.295; 
                  192A.305; 192A.31, subdivision 2; 192A.315; 192A.32; 
                  192A.325; 192A.33; 192A.335; 192A.34; 192A.345; 
                  192A.35; 192A.355; 192A.36; 192A.365; 192A.37; 
                  192A.375; 192A.38; 192A.43, subdivision 3; 192A.505; 
                  192A.52; 192A.53; 192A.58; 192A.611; 192A.655. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 192A.015, is 
        amended to read: 
           192A.015 [DEFINITIONS.] 
           In this chapter, unless the context otherwise requires: 
           (1) "Accuser" means a person who signs and swears to 
        charges, any person who directs that charges nominally be signed 
        and sworn to by another, and any person who has an interest 
        other than an official interest in the prosecution of the 
        accused; 
           (2) "Active state duty" means the same as state active 
        service defined in section 190.05, subdivision 5a; 
           (3) "Code" means this chapter; 
           (4) "Commanding officer" means a commissioned officer who 
        is in command of any unit; 
           (5) "Commissioned officer" includes a commissioned warrant 
        officer; 
           (6) "Convening authority" includes, in addition to the 
        person who convened the court, a commissioned officer commanding 
        for the time being or temporarily commanding, or a successor in 
        command; 
           (7) "Enlisted member" means a person in an enlisted grade; 
           (8) "Federal active service" has the meaning given in 
        section 190.05, subdivision 5c; 
           (9) "Grade" means a step or degree, in a graduated scale of 
        office or military rank, that is established and designated as a 
        grade by law or rule; 
           (9) (10) "In federal service" and "not in federal service" 
        mean the same as those terms are used and construed in federal 
        laws and regulations; 
           (10) (11) "May" is used in a permissive sense.  The words 
        "no person may" mean that no person is required, authorized, or 
        permitted to do the act prescribed; 
           (11) (12) "Military" refers to any or all of the armed 
        forces of the United States or any state; 
           (12) (13) "Military court" means a court-martial, a court 
        of inquiry; 
           (13) (14) "Officer" means commissioned or warrant officer; 
           (14) (15) "Rank" means the order of precedence among 
        members of the state military forces; 
           (15) (16) "Shall" is used in a mandatory sense; 
           (16) (17) "State judge advocate" means the commissioned 
        officer responsible for supervising the administration of the 
        military justice in the state military forces and appointed 
        pursuant to section 192A.04; 
           (17) (18) "State military forces" means the national guard 
        of the state, as defined in United States Code, title 32, 
        section 101(3) and any other military force organized under the 
        laws of the state; 
           (18) (19) "Superior commissioned officer" means a 
        commissioned officer superior in rank and command. 
           Sec. 2.  Minnesota Statutes 2000, section 192A.02, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PRIMARY AND CONCURRENT MILITARY JURISDICTION.] 
        (a) Courts-martial have primary jurisdiction of purely military 
        offenses listed in section 192A.021.  Except for crimes 
        designated as purely military offenses in section 192A.021, a 
        proper civilian tribunal has primary jurisdiction over an act or 
        omission that violates both this code and local criminal law, 
        foreign or domestic.  In such cases a court-martial may be 
        initiated only after the civilian authority has declined or 
        dismissed charges, provided jeopardy has not attached.  
        Jurisdiction over attempted crimes, conspiracy crimes, and 
        accessory crimes must be determined by the underlying offense 
        pursuant to section 192A.021. 
           (b) If an act or omission is subject to trial by 
        court-martial and prosecution by one or more civil tribunals, 
        foreign or domestic, the determination of which nation, state, 
        or agency will exercise jurisdiction is a matter for the 
        nations, states, and agencies concerned, and is not a right of 
        the suspect or accused. 
           (c) The provisions of this chapter conferring jurisdiction 
        over persons shall not be construed as depriving military 
        commissions or other military tribunals of concurrent 
        jurisdiction in respect to offenders or offenses that by statute 
        or by law of war may be tried by such military commissions or 
        other military tribunals. 
           Sec. 3.  Minnesota Statutes 2000, section 192A.02, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [PRESUMPTION OF JURISDICTION.] The jurisdiction 
        of the military courts and boards established by this code are 
        presumed and the burden of proof rests on any person seeking to 
        challenge those courts or boards of jurisdiction in any action 
        or proceeding. 
           Sec. 4.  [192A.021] [PURELY MILITARY OFFENSES.] 
           Purely military offenses include the offenses contained in 
        the following sections:  192A.39 (Principles), 192A.395 
        (Accessory after the fact), 192A.405 (Attempts), 192A.41 
        (Conspiracy), 192A.415 (Solicitation), 192A.42 (Fraudulent 
        enlistment, appointment, or separation), 192A.425 (Unlawful 
        enlistment, appointment, or separation), 192A.43 (Desertion), 
        192A.435 (Absent without leave), 192A.44 (Missing movement), 
        192A.445 (Contempt towards officials), 192A.45 (Disrespect 
        towards superior commissioned officer), 192A.455 (Assaulting or 
        willfully disobeying superior commissioned officer), 192A.46 
        (Insubordinate conduct toward warrant officer or noncommissioned 
        officer), 192A.465 (Failure to obey order or rule), 192A.47 
        (Cruelty and maltreatment), 192A.475 (Mutiny or sedition), 
        192A.48 (Resistance, breach of arrest, and escape), 192A.495 
        (Noncompliance with procedural rules), 192A.50 (Misbehavior 
        before the enemy), 192A.51 (Improper use of countersign), 
        192A.515 (Forcing a safeguard), 192A.525 (Aiding the enemy), 
        192A.54 (Military property; loss, damage, destruction, or 
        wrongful disposition), 192A.55 (Improper hazarding of vessel), 
        192A.56 (Drunk on duty; sleeping on post; leaving post before 
        relief), 192A.57 (Malingering), 192A.60 (Conduct unbecoming an 
        officer), and 192A.605 (General article). 
           Sec. 5.  Minnesota Statutes 2000, section 192A.025, is 
        amended to read: 
           192A.025 [JURISDICTION TO TRY CERTAIN PERSONNEL.] 
           Subdivision 1.  [FRAUDULENT DISCHARGE.] Each person 
        discharged from the state military forces not in federal active 
        service who is later charged with having fraudulently obtained 
        the discharge is, subject to section 192A.235, subject to trial 
        by court-martial on that charge and is after apprehension 
        subject to this code while in the custody of the military for 
        that trial.  Upon conviction of that charge the person is 
        subject to trial by court-martial for all offenses under this 
        code committed before the fraudulent discharge.  
           Subd. 2.  [DESERTERS.] No person who has deserted from the 
        state military forces not in federal active service may be 
        relieved from amenability to the jurisdiction of this code by 
        virtue of a separation from any later period of service.  
           Sec. 6.  Minnesota Statutes 2000, section 192A.045, 
        subdivision 2, is amended to read: 
           Subd. 2.  Any person authorized by this code, or by rules 
        issued under it, or any licensed peace officer, may apprehend 
        persons subject to this code upon reasonable belief probable 
        cause to believe that an offense has been committed and that the 
        person apprehended committed it. 
           Sec. 7.  Minnesota Statutes 2000, section 192A.045, 
        subdivision 3, is amended to read: 
           Subd. 3.  If any person subject to this code misses a 
        movement to, or is absent without official leave from, annual 
        field training or active state duty, such person may be 
        apprehended and delivered to the person's commanding officer. 
        Apprehension may be made by military police personnel or by any 
        civil licensed peace officer pursuant to a warrant issued by a 
        military judge upon a finding of probable cause. 
           Sec. 8.  Minnesota Statutes 2000, section 192A.05, is 
        amended to read: 
           192A.05 [APPREHENSION OF DESERTERS.] 
           Any civil licensed peace officer having authority to 
        apprehend offenders under the laws of the United States or of a 
        state, territory, commonwealth, or possession, or the District 
        of Columbia may summarily apprehend a deserter from the state 
        military forces and deliver the deserter into the custody of the 
        state military forces.  If an offender is apprehended outside 
        the state, the offender's return to the area must be in 
        accordance with normal extradition procedures or reciprocal 
        agreement.  
           Sec. 9.  Minnesota Statutes 2000, section 192A.055, is 
        amended to read: 
           192A.055 [IMPOSITION OF PRETRIAL RESTRAINT.] 
           Subdivision 1.  [DEFINITION.] Arrest is the restraint of a 
        person by an order, not imposed as a punishment for an offense, 
        directing the person to remain within certain specified limits.  
        Confinement is the physical restraint of a person.  "Pretrial 
        restraint" means any restraint on a person's liberty which is 
        imposed before and during disposition of offenses and may 
        consist of conditions on liberty, restriction, or confinement. 
           For the purposes of this section: 
           (1) "conditions on liberty" are imposed by orders directing 
        a person to do or refrain from doing specified acts; 
           (2) "restriction" is the restraint of a person by oral or 
        written orders directing the person to remain within specified 
        limits; and 
           (3) "confinement" is physical restraint, imposed by order 
        of competent authority, depriving a person of freedom pending 
        disposition of offenses. 
           Subd. 2.  [ENLISTED MEMBERS.] An enlisted member may be 
        ordered into arrest or confinement pretrial restraint by any 
        commissioned officer by an order, oral or written, delivered in 
        person or through other persons subject to this code or through 
        any person authorized by this code to apprehend persons.  A 
        commanding officer may authorize warrant officers, petty 
        officers, or noncommissioned officers to order enlisted members 
        of the authorizing officer's command or subject to the 
        authorizing officer's authority into arrest or 
        confinement pretrial restraint.  
           Subd. 3.  [COMMISSIONED OFFICERS OR WARRANT OFFICERS.] A 
        commissioned officer or a warrant officer may be ordered 
        apprehended or into arrest or confinement only by a commanding 
        officer to whose authority the commissioned officer or warrant 
        officer is subject, by an order, oral or written, delivered in 
        person or by another commissioned officer.  The authority to 
        order such persons apprehended or into arrest or 
        confinement pretrial restraint may not be delegated.  
           Subd. 4.  [PROBABLE CAUSE.] No person may be ordered 
        apprehended or into arrest or confinement pretrial restraint 
        except for probable cause.  
           Subd. 5.  [AUTHORITY TO SECURE ALLEGED OFFENDERS.] This 
        section does not limit the authority of persons authorized to 
        apprehend offenders to secure the custody of an alleged offender 
        until proper authority may be notified.  
           Sec. 10.  Minnesota Statutes 2000, section 192A.07, is 
        amended to read: 
           192A.07 [REPORTS AND RECEIVING OF PRISONERS.] 
           Subdivision 1.  No provost marshal, commander of a guard, 
        master at arms, warden, keeper, or officer of a city or county 
        jail or any other jail, penitentiary, or prison designated under 
        section 192A.065 may refuse to receive or keep any prisoner 
        committed to the charge of that official, when the committing 
        person furnishes and signs a statement of the offense charged 
        against the prisoner or facility.  
           Subd. 2.  Every commander of a guard, master at arms, 
        warden, keeper, or officer of a city or county jail or of any 
        other jail, penitentiary, or prison designated under section 
        192A.065, to whose charge a prisoner is committed, shall, within 
        24 hours after that commitment or as soon as the person is 
        relieved from guard, report to the commanding officer of the 
        prisoner the name of the prisoner, the offense charged against 
        the prisoner, and the name of the person who ordered or 
        authorized the commitment.  
           Sec. 11.  Minnesota Statutes 2000, section 192A.08, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORITY.] Under such rules as may be 
        prescribed under this code a person subject to this code who is 
        on active state duty who is accused of an a criminal offense 
        against civil authority may be delivered, upon request, to the 
        civil authority for trial. 
           Sec. 12.  Minnesota Statutes 2000, section 192A.085, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DISCIPLINARY PUNISHMENTS.] Under such 
        rules as the governor may prescribe any commanding officer may, 
        in addition to or in lieu of admonition or reprimand, impose one 
        of the following disciplinary punishments for minor offenses 
        without the intervention of a court-martial: 
           (1) upon an officer of the command: 
           (a) (i) withholding of privileges for not more than two 
        consecutive weeks; 
           (b) (ii) restriction to certain specified limits, with or 
        without suspension from duty, for not more than two consecutive 
        weeks; or 
           (c) (iii) if imposed by the governor, the commanding 
        officer of a force of the state military forces, or the 
        commanding general of a division, a forfeiture of not more than 
        15 days pay or a fine in an equivalent amount.; 
           (2) upon other military personnel of the command: 
           (a) (i) withholding of privileges for not more than two 
        consecutive weeks; 
           (b) (ii) restriction to certain specified limits, with or 
        without suspension from duty, for not more than two consecutive 
        weeks; 
           (c) (iii) extra duties for not more than 14 days, which 
        need not be consecutive, and for not more than two hours per 
        day, holidays included; 
           (d) (iv) reduction to the next inferior grade if the grade 
        from which demoted was established by the command or an 
        equivalent or lower command; by the commander with promotion 
        authority or higher command; or 
           (e) if imposed upon a person attached to or embarked in a 
        vessel, confinement for not more than seven consecutive days; or 
           (f) a (v) forfeiture of not more than four days pay or a 
        fine in an equivalent amount. 
           Sec. 13.  Minnesota Statutes 2000, section 192A.085, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DEMAND FOR COURT-MARTIAL.] Punishment may not be 
        imposed upon any person subject to this code if such person, 
        before imposition of such punishment, has demanded trial by 
        court-martial in lieu of such punishment, except in the case of 
        a person attached to or embarked on a vessel. 
           Sec. 14.  Minnesota Statutes 2000, section 192A.085, 
        subdivision 5, is amended to read: 
           Subd. 5.  [RELATED SERIOUS OFFENSES.] 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 
        prosecution by civilian authorities for a serious crime or 
        offense growing out of the same act or omission, and not 
        properly punishable under this section; but.  Whether an offense 
        is serious depends on several factors including, but not limited 
        to, the nature of the offense; the circumstances surrounding its 
        commission; and the defendant's age, rank, duty assignment, 
        records, and experience.  If the soldier declines nonjudicial 
        punishment and the matter is referred to trial by summary 
        court-martial, jurisdiction must be determined pursuant to 
        section 192A.02, subdivision 3, paragraph (a).  The fact that a 
        disciplinary punishment has been enforced may be shown by the 
        accused upon trial, and when so shown shall be considered in 
        determining the measure of punishment to be adjudged in the 
        event of a finding of guilty. 
           Sec. 15.  Minnesota Statutes 2000, section 192A.085, 
        subdivision 7, is amended to read: 
           Subd. 7.  For purposes of this section, "consecutive" means 
        time on active state duty or duty status other than active state 
        duty excluding any intervening period or periods when the person 
        concerned is not on such duty as a member of the state military 
        forces not in federal active service. 
           Sec. 16.  Minnesota Statutes 2000, section 192A.09, is 
        amended to read: 
           192A.09 [COURTS-MARTIAL OF MEMBERS OF THE STATE MILITARY 
        FORCES NOT IN FEDERAL ACTIVE SERVICE; COMPOSITION; JURISDICTION; 
        POWERS AND PROCEEDINGS.] 
           In the state military forces not in federal active service, 
        there shall be the following three types of courts-martial: 
           (1) general courts-martial, consisting of: 
           (a) (i) a military judge and not less than five members; or 
           (b) (ii) only a military judge, if before the court is 
        assembled the accused, knowing the identity of the military 
        judge and after consultation with defense counsel, requests in 
        writing a court composed only of a military judge and the 
        military judge approves; and 
           (2) special courts-martial, consisting of: 
           (a) (i) a military judge and not less than three members; 
        or 
           (b) (ii) only a military judge, if before the court is 
        assembled the accused, knowing the identity of the military 
        judge and after consultation with defense counsel, requests in 
        writing a court composed only of a military judge and the 
        military judge approves; and 
           (3) summary courts-martial, consisting of a military judge. 
           Sec. 17.  Minnesota Statutes 2000, 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 governor.  
           Sec. 18.  Minnesota Statutes 2000, 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 governor may prescribe, adjudge any of the following 
        punishments: 
           (1) a reprimand; 
           (2) confinement for not more than 200 days or a fine of not 
        more than $200; 
           (3) forfeiture of not more than 48 days pay; 
           (4) dismissal, bad conduct discharge, or dishonorable 
        discharge; 
           (5) reduction in rank of an enlisted member to any lower 
        enlisted rank including the lowest enlisted rank; or 
           (6) Confinement of not more than six months; or 
           (7) any combination of these punishments. 
           Sec. 19.  Minnesota Statutes 2000, 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 code, 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: 
           (1) a reprimand; 
           (2) confinement of not more than 90 days or a fine of not 
        more than $100; 
           (3) forfeiture of not more than 24 days pay; 
           (4) reduction in rank of an enlisted member to any lower 
        enlisted rank including the lowest enlisted grade; 
           (5) a bad conduct discharge; or 
           (6) Confinement of not more than 90 days; or 
           (7) any combination of these punishments. 
           Sec. 20.  Minnesota Statutes 2000, section 192A.11, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [JURISDICTIONS.] Subject to section 
        192A.095 summary courts-martial have jurisdiction to try persons 
        subject to this code, except commissioned or warrant officers, 
        for any offense made punishable by this code. 
           Sec. 21.  Minnesota Statutes 2000, section 192A.11, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PUNISHMENT OPTIONS.] A summary court-martial may 
        adjudge the following punishments: 
           (1) a reprimand; 
           (2) confinement of not more than 15 days or a fine of not 
        more than $25; 
           (3) forfeiture of not more than 12 days pay; 
           (4) reduction in rank of an enlisted member to any lower 
        enlisted rank including the lowest enlisted grade; or 
           (5) Confinement of not more than 15 days; 
           (6) any combination of these punishments. 
           Sec. 22.  Minnesota Statutes 2000, section 192A.115, is 
        amended to read: 
           192A.115 [SENTENCES OF DISMISSAL OR DISHONORABLE DISCHARGE 
        TO BE APPROVED BY THE GOVERNOR.] 
           In the organized militia state military forces not in 
        federal active service, no sentence of dismissal or dishonorable 
        discharge may be executed until it is approved by the governor.  
           Sec. 23.  Minnesota Statutes 2000, section 192A.13, is 
        amended to read: 
           192A.13 [WHO MAY CONVENE GENERAL COURTS-MARTIAL.] 
           In the state military forces not in federal active service, 
        general courts-martial may be convened by the governor. 
           Sec. 24.  Minnesota Statutes 2000, section 192A.135, is 
        amended to read: 
           192A.135 [WHO MAY CONVENE SPECIAL COURTS-MARTIAL.] 
           In the state military forces not in federal active service, 
        the commanding officer of a garrison, fort, post, camp, air 
        base, auxiliary air base, or other place where troops are on 
        duty, or of a brigade, regiment, wing, group, detached 
        battalion, separate squadron, or other detached command, may 
        convene special courts-martial.  Special courts-martial may also 
        be convened by superior authority.  When any such officer is an 
        accuser, the court shall be convened by superior competent 
        authority.  
           Sec. 25.  Minnesota Statutes 2000, section 192A.14, is 
        amended to read: 
           192A.14 [WHO MAY CONVENE SUMMARY COURTS-MARTIAL.] 
           In the state military forces not in federal active service, 
        the commanding officer of a garrison, fort, post, camp, air 
        base, auxiliary air base, or other place where troops are on 
        duty, or of a battalion, regiment, wing, group, detached 
        battalion, detached squadron, detached company, or other 
        detachment, may convene a summary court-martial consisting of a 
        military judge.  The proceedings shall be informal.  Summary 
        courts-martial may also be convened by superior authority.  When 
        any such officer is an accuser, the court shall be convened by 
        superior competent authority. 
           Sec. 26.  Minnesota Statutes 2000, section 192A.15, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DETAIL.] The A military judge to must be 
        detailed to a court-martial shall all courts-martial and be 
        designated by the adjutant general, or the adjutant general's 
        designee, for detail by the convening authority.  A military 
        judge may be detailed generally to act as summary court officer. 
           Sec. 27.  Minnesota Statutes 2000, section 192A.15, 
        subdivision 5, is amended to read: 
           Subd. 5.  [LIMITATIONS.] The military judge of a general or 
        special court-martial may not consult with the members of the 
        court except in the presence of the accused, trial counsel, and 
        defense counsel, if any, nor may the military judge vote with 
        the members of the court. 
           Sec. 28.  Minnesota Statutes 2000, section 192A.155, is 
        amended to read: 
           192A.155 [DETAIL OF TRIAL COUNSEL AND DEFENSE COUNSEL.] 
           Subdivision 1.  [WHO MAY BE DETAILED.] For each general 
        and, special, or summary court-martial or posttrial review the 
        authority convening the court shall detail trial counsel and 
        defense counsel, and such assistants as considered appropriate.  
        No person who has acted as investigating officer, military 
        judge, or court member in any case may act later as trial 
        counsel, assistant trial counsel, or, unless expressly requested 
        by the accused, as defense counsel or assistant defense counsel 
        in the same case.  No person who has acted for the prosecution 
        may act later in the same case for the defense, nor may any 
        person who has acted for the defense act later in the same case 
        for the prosecution. 
           Subd. 1a.  [RIGHT TO COUNSEL.] The accused has the right to 
        be represented before a general, special, and summary 
        court-martial by military defense counsel or by civilian counsel 
        if provided by the accused at the accused's own expense.  Should 
        the accused have personally selected civilian counsel, the 
        military defense counsel, and assistant defense counsel, if any, 
        who were detailed shall, if the accused so desires, act as 
        associate defense counsel; otherwise they shall be excused by 
        the military judge. 
           Subd. 2.  [QUALIFICATIONS OF COUNSEL.] Trial counsel or 
        defense counsel detailed for either a general, special, or 
        summary court-martial or a special court-martial: 
           (1) must be a person who is a member of the bar of the 
        highest court of the state, or a member of the bar of a federal 
        court; and 
           (2) must be certified as competent to perform such duties 
        by the state judge advocate. 
           Sec. 29.  Minnesota Statutes 2000, section 192A.16, is 
        amended to read: 
           192A.16 [DETAIL OR EMPLOYMENT OF REPORTERS AND 
        INTERPRETERS.] 
           The convening authority of a general or, special, or 
        summary court-martial or court of inquiry shall detail or employ 
        qualified court reporters, who shall record the proceedings of 
        and testimony taken before that court.  The convening authority 
        of a military court may shall detail or employ certified 
        interpreters, as necessary, who shall interpret for the court. 
           Sec. 30.  Minnesota Statutes 2000, section 192A.205, is 
        amended to read: 
           192A.205 [UNLAWFULLY INFLUENCING ACTION OF COURT UNLAWFUL 
        COMMAND INFLUENCE.] 
           Subdivision 1.  No authority convening a general, special, 
        or summary court-martial nor any other commanding officer may 
        censure, reprimand, or admonish the court or any member, 
        military judge or counsel thereof, with respect to the findings 
        or sentence adjudged by the court, or with respect to any other 
        exercise of functions in the conduct of the proceeding.  No 
        person subject to this code may attempt to coerce or, by any 
        unauthorized means, influence the action of the court-martial or 
        any other military tribunal or any member thereof, in reaching 
        the findings or sentence in any case, or the action of any 
        convening, approving, or reviewing authority with respect to 
        judicial acts.  The foregoing provisions of this subdivision 
        shall not apply with respect to (1) general instructional or 
        informational courses in military justice if such courses are 
        designed solely for the purpose of instructing members of a 
        command in the substantive and procedural aspects of 
        courts-martial, or (2) to statements and instructions given in 
        open court by the military judge or counsel.  [GENERAL 
        PROHIBITIONS.] (a) No convening authority or commander may 
        censure, reprimand, admonish, or otherwise retaliate against any 
        member, military judge, counsel, or witness involved in the 
        investigation, prosecution, or defense of military actions, 
        punitive or administrative. 
           (b) No person subject to the code may attempt to coerce or, 
        by any unauthorized means, influence the action of a 
        court-martial or any other military tribunal or any member of a 
        court-martial or other military tribunal, in reaching the 
        findings or sentence in any case or the action of any convening, 
        approving, or reviewing authority with respect to that 
        authority's judicial acts. 
           (c) This subdivision does not prohibit general 
        instructional or informational courses in military justice if 
        the courses are designed solely for the purpose of instructing 
        personnel of a command in the substantive and procedural aspects 
        of courts-martial.  
           (d) This subdivision does not prohibit statements and 
        instructions given in open session by the military judge or 
        counsel. 
           (e) This subdivision does not prohibit professional 
        supervision by senior judge advocates regarding adherence to 
        local and military standards of professional conduct and 
        responsibility. 
           (f) This subdivision does not prohibit appropriate action 
        against a person for an offense committed while detailed as a 
        military judge, counsel, or member of a court-martial, or while 
        serving as individual counsel. 
           Subd. 2.  In the preparation of an effectiveness, fitness, 
        or efficiency report or any other report or document used in 
        whole or in part for the purpose of determining whether a member 
        of the state military forces is qualified to be advanced in 
        grade, or in determining the assignment or transfer of such a 
        member or in determining whether such member should be retained 
        on any type of duty or status, no person subject to this code 
        may, in preparing any such report (1) consider or evaluate the 
        performance of duty of any such member as a member of a 
        court-martial, or (2) give a less favorable rating or evaluation 
        of any member because of the zeal with which such member, as 
        counsel, represented any accused before a court-martial.  This 
        section shall not apply to evaluations made by a judge advocate 
        on the performance of that judge advocate's own staff.  
        [PROHIBITIONS CONCERNING EVALUATIONS.] (a) In the preparation of 
        an effectiveness, fitness, or efficiency report or any other 
        report or document used in whole or in part for the purpose of 
        determining whether a member of the armed forces is qualified to 
        be advanced in grade, in determining the assignment or transfer 
        of a member of the armed forces, or in determining whether a 
        member of the armed forces should be retained on active duty, no 
        person subject to the code may: 
           (1) consider or evaluate the performance of duty of the 
        person as a member of a court-martial or administrative hearing; 
        or 
           (2) give a less favorable rating or evaluation of a defense 
        counsel because of the zeal with which the counsel represented 
        an accused. 
           (b) For general, special, and summary courts-martial, 
        neither the convening authority nor any member of the convening 
        authority's staff may prepare or review any report concerning 
        the effectiveness, fitness, or efficiency of the military judge, 
        which relates to the performance of duty as a military judge.  
        When the military judge is normally rated or the military 
        judge's report is reviewed by the convening authority, the 
        manner in which the military judge will be rated or evaluated 
        upon the performance of duty as a military judge may be as 
        prescribed in regulations of the national guard concerned which 
        must ensure the absence of any command influence in the rating 
        or evaluation of the military judge's judicial performance. 
           Sec. 31.  Minnesota Statutes 2000, section 192A.235, 
        subdivision 3, is amended to read: 
           Subd. 3.  [THREE-YEAR LIMITATION.] Except as otherwise 
        provided in this section subdivision 1, a person charged with 
        any offense is not liable to be tried by court-martial or 
        punished under section 192A.085 if the offense was committed 
        more than two three years before the receipt of sworn charges 
        and specifications by an officer exercising summary 
        court-martial jurisdiction over the command or before the 
        imposition of punishment under section 192A.085.  
           Sec. 32.  Minnesota Statutes 2000, section 192A.25, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SERVICE OF PROCESS.] Process issued in 
        court-martial cases to compel witnesses to appear and testify 
        and to compel the production of other evidence shall run to may 
        be executed and served in any part of the state and shall be 
        executed by civil officers as prescribed by the laws of the 
        state law. 
           Sec. 33.  Minnesota Statutes 2000, section 192A.28, is 
        amended to read: 
           192A.28 [NUMBER OF VOTES REQUIRED GROUNDS FOR CONVICTION.] 
           Subdivision 1.  No person may be convicted of an offense 
        except as provided in section 192A.245, subdivision 2,: 
           (1) pursuant to a proper plea which has been duly accepted 
        by the court; 
           (2) pursuant to a finding of guilty by the trial judge in a 
        summary court-martial or where the defense has properly waived a 
        trial by members; or 
           (3) by the concurrence of two-thirds of the members present 
        at the time the vote is taken. 
           Subd. 2.  All sentences shall be determined by the 
        concurrence of two-thirds of the members present at the time 
        that the vote is taken. 
           Subd. 3.  All other questions to be decided by the members 
        of a general or special court-martial shall be determined by a 
        majority vote, but a determination to reconsider a finding of 
        guilty or to reconsider a sentence, with a view toward 
        decreasing it, may be made by any lesser vote which indicates 
        that the reconsideration is not opposed by the number of votes 
        required for that finding or sentence.  A tie vote on a 
        challenge disqualifies the member challenged.  A tie vote on a 
        motion for a finding of not guilty or on a motion relating to 
        the question of the accused's sanity is a determination against 
        the accused.  A tie vote on any other question is a 
        determination in favor of the accused. 
           Sec. 34.  Minnesota Statutes 2000, section 192A.31, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LOCATION; CONDITIONS.] A sentence of 
        confinement adjudged by a military court, whether or not the 
        sentence includes discharge or dismissal, and whether or not the 
        discharge or dismissal has been executed, may be carried into 
        execution by confinement in any place of confinement under the 
        control of any of the forces of the state military forces or in 
        any jail, penitentiary, or prison designated for that purpose.  
        Persons so confined in a jail, penitentiary, or prison are 
        subject to the same discipline and treatment as persons confined 
        or committed to the jail, penitentiary, or prison by the courts 
        of the state or of any political subdivision thereof.  
           Sec. 35.  Minnesota Statutes 2000, section 192A.384, is 
        amended to read: 
           192A.384 [OFFENSES SUBJECT TO COURT-MARTIAL.] 
           The jurisdiction of courts-martial shall be limited to 
        violations of the punitive articles in this code.  Any person 
        subject to this code who is charged with the commission of an 
        offense which is not a military an offense under this code may 
        be surrendered to civil authorities for process in accordance 
        with civil law. 
           Sec. 36.  Minnesota Statutes 2000, section 192A.385, is 
        amended to read: 
           192A.385 [PERSONS TO BE TRIED OR PUNISHED.] 
           Subdivision 1.  [DUTY STATUS REQUIRED.] No person may be 
        tried or punished for any offense provided for in sections 
        192A.39 to 192A.605 unless it was committed while that person 
        was in a duty status as a member of the state military forces 
        not in federal active service. 
           Subd. 2.  [DETERMINATION.] Duty status may extend to any 
        soldier while acting in the line of duty or during any 
        consecutive duty periods.  Consecutive duty periods run from the 
        time the soldier is required to be at the assigned duty station 
        until the soldier is dismissed from duty.  Duty status may be 
        determined by weighing factors including, but not limited to, 
        whether the soldier: 
           (1) is in uniform; 
           (2) is attending a unit endorsed event; 
           (3) is drilling in excess of 50 miles from the soldier's 
        normal duty station; 
           (4) is involved in an activity which is service-connected; 
           (5) has been released versus dismissed from duty; and 
           (6) is staying at lodging provided by the military or at 
        military expense.  
           Sec. 37.  Minnesota Statutes 2000, section 192A.39, is 
        amended to read: 
           192A.39 [PRINCIPALS.] 
           Any person subject to this code who: 
           (1) commits an offense punishable by this code, or aids, 
        abets, counsels, commands, or procures its commission; or 
           (2) causes an act to be done which if directly performed by 
        that person would be punishable by this code; 
        is a principal and shall be punished as a court-martial may 
        direct. 
           Sec. 38.  Minnesota Statutes 2000, section 192A.415, is 
        amended to read: 
           192A.415 [SOLICITATION.] 
           Subdivision 1.  [DESERTION OR MUTINY.] Any person subject 
        to this code who solicits or advises another or others to desert 
        in violation of section 192A.43 or mutiny in violation of 
        section 192A.475 shall, if the offense solicited or advised is 
        attempted or committed, be punished with the punishment provided 
        for the commission of the offense, but if the offense solicited 
        or advised is not committed or attempted the person shall be 
        punished as a court-martial may direct. 
           Subd. 2.  [MISBEHAVIOR BEFORE A HOSTILE GROUP OR BODY THE 
        ENEMY; SEDITION.] Any person subject to this code who solicits 
        or advises another or others to commit an act of misbehavior 
        before the enemy in violation of section 192A.50 or sedition in 
        violation of section 192A.475 shall, if the offense solicited or 
        advised is committed, be punished with the punishment provided 
        for the commission of the offense, but if the offense solicited 
        or advised is not committed the person shall be punished as a 
        court-martial may direct.  
           Sec. 39.  Minnesota Statutes 2000, section 192A.43, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL RULE.] Any member of the state 
        military forces person subject to this code who: 
           (1) without authority goes or remains absent from that 
        member's unit, organization, or place of duty with intent to 
        remain away therefrom permanently; 
           (2) quits that member's unit, organization, or place of 
        duty with intent to avoid hazardous duty or to shirk important 
        service; or 
           (3) without being regularly separated from one of the state 
        military forces enlists or accepts an appointment in the same or 
        another one of the state military forces, or in one of the armed 
        forces of the United States, without fully disclosing the fact 
        that that member has not been regularly separated; 
        is guilty of desertion shall be punished as a court-martial may 
        direct. 
           Sec. 40.  Minnesota Statutes 2000, section 192A.43, 
        subdivision 2, is amended to read: 
           Subd. 2.  [OFFICERS AFTER RESIGNATION.] Any commissioned 
        officer of the state military forces who, after tender of the 
        officer's resignation and before notice of its acceptance, quits 
        the post or proper duties without leave and with intent to 
        remain away therefrom permanently is guilty of desertion shall 
        be punished as a court-martial may direct.  
           Sec. 41.  Minnesota Statutes 2000, section 192A.46, is 
        amended to read: 
           192A.46 [INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER, OR 
        NONCOMMISSIONED OFFICER, OR PETTY OFFICER.] 
           Any warrant officer or enlisted member who: 
           (1) strikes or assaults a warrant officer, or 
        noncommissioned officer, or petty officer while that officer is 
        in the execution of official duties; 
           (2) willfully disobeys the lawful order of a warrant 
        officer, or noncommissioned officer, or petty officer; or 
           (3) treats with contempt or is disrespectful in language or 
        deportment toward a warrant officer, or noncommissioned officer, 
        or petty officer while that officer is in the execution of 
        official duties; 
        shall be punished as a court-martial may direct. 
           Sec. 42.  Minnesota Statutes 2000, section 192A.47, is 
        amended to read: 
           192A.47 [CRUELTY AND MALTREATMENT.] 
           Any person subject to this code who acts cruelly, 
        oppressively or maltreats any person individual subject to the 
        person's orders or control shall be punished as a court-martial 
        may direct. 
           Sec. 43.  Minnesota Statutes 2000, section 192A.48, is 
        amended to read: 
           192A.48 [RESISTANCE, BREACH OF ARREST, AND ESCAPE.] 
           Any person subject to this code who resists apprehension or 
        breaks arrest or who escapes from physical restraint lawfully 
        imposed by a member of the state military forces not in federal 
        active service shall be punished as a court-martial may direct.  
           Sec. 44.  Minnesota Statutes 2000, section 192A.485, is 
        amended to read: 
           192A.485 [RELEASING PRISONER WITHOUT PROPER AUTHORITY.] 
           Any person subject to this code who, without proper 
        authority, releases any prisoner committed to that person's 
        charge, or who through neglect or design suffers allows any such 
        prisoner to escape, shall be punished as a court-martial may 
        direct, whether or not the prisoner was committed in strict 
        compliance with law.  
           Sec. 45.  Minnesota Statutes 2000, section 192A.50, is 
        amended to read: 
           192A.50 [MISBEHAVIOR BEFORE THE ENEMY.] 
           Any person subject to this code who before or in the 
        presence of the enemy: 
           (1) runs away; 
           (2) shamefully abandons, surrenders, or delivers up any 
        command, unit, place, or military property which it is the 
        person's duty to defend; 
           (3) through disobedience, neglect, or intentional 
        misconduct endangers the safety of any such command, unit, 
        place, or military property; 
           (4) casts away the person's arms or ammunition; 
           (5) Is guilty of engages in cowardly conduct; 
           (6) quits a place of duty to plunder or pillage; 
           (7) causes false alarms in any command, unit, or place 
        under control of the armed forces of the United States or the 
        state military forces; 
           (8) willfully fails to do the utmost to encounter, engage, 
        capture, or destroy any enemy troops, combatants, vessels, 
        aircraft, or any other thing which it is that person's duty so 
        to encounter, engage, capture, or destroy; or 
           (9) does not afford all practicable relief and assistance 
        to any troops, combatants, vessels, or aircraft of the armed 
        forces belonging to the United States or their allies, to the 
        state, or to any other state, when engaged in battle a hostile 
        encounter; 
        shall be punished as a court-martial may direct. 
           Sec. 46.  Minnesota Statutes 2000, section 192A.51, is 
        amended to read: 
           192A.51 [IMPROPER USE OF COUNTERSIGN.] 
           Any person subject to this code who in time of war, during 
        a time when the state military forces are engaged with the enemy 
        , discloses the parole or countersign or code word to any person 
        not entitled to receive it, or who gives to another who is 
        entitled to receive and use the parole or countersign a 
        different parole or countersign from that which, to that 
        person's knowledge, the person was authorized and required to 
        give, shall be punished as a court-martial may direct.  
           Sec. 47.  Minnesota Statutes 2000, section 192A.525, is 
        amended to read: 
           192A.525 [AIDING THE ENEMY.] 
           Any person subject to this code who: 
           (1) Aids, or attempts to aid, the enemy with arms, 
        ammunition, supplies, money, or other things; or 
           (2) Without proper authority, knowingly harbors or protects 
        or gives intelligence to, or communicates or corresponds with or 
        holds any intercourse with the enemy, either directly or 
        indirectly; 
        shall be punished as a court-martial may direct. 
           Sec. 48.  Minnesota Statutes 2000, section 192A.54, is 
        amended to read: 
           192A.54 [MILITARY PROPERTY; LOSS, DAMAGE, DESTRUCTION, OR 
        WRONGFUL DISPOSITION.] 
           Any person subject to this code who, without proper 
        authority: 
           (1) Sells or otherwise disposes of; 
           (2) Willfully or through neglect gross negligence damages, 
        destroys, or loses; or 
           (3) Willfully or through neglect suffers gross negligence 
        allows to be damaged, destroyed, sold, or wrongfully disposed 
        of; 
        any military property of the United States or of the state shall 
        be punished as a court-martial may direct.  
           Sec. 49.  Minnesota Statutes 2000, section 192A.55, is 
        amended to read: 
           192A.55 [IMPROPER HAZARDING OF VESSEL OR AIRCRAFT.] 
           Subdivision 1.  Any person subject to this code who 
        willfully and, wrongfully, or through gross negligence hazards 
        or suffers allows to be hazarded any vessel or aircraft of the 
        armed forces of the United States or of the state military 
        forces shall be punished as a court-martial may direct. 
           Subd. 2.  Any person subject to this code who negligently 
        hazards or suffers to be hazarded any vessel of the armed forces 
        of the United States or of the state military forces shall be 
        punished as a court-martial may direct.  
           Sec. 50.  Minnesota Statutes 2000, section 192A.555, is 
        amended to read: 
           192A.555 [DRUNKEN DRIVING WHILE UNDER THE INFLUENCE OR 
        RECKLESS DRIVING.] 
           Any person subject to this code who drives, operates or is 
        in actual physical control of any motor vehicle or aircraft 
        while under the influence of an alcoholic beverage or narcotic 
        drug controlled substance or a combination thereof or whose 
        blood contains 0.10 percent or more by weight of alcohol or who 
        operates said motor vehicle or aircraft in a reckless or wanton 
        manner, shall be punished as a court-martial may 
        direct.  Chemical and other tests for intoxication shall be made 
        only in accordance with rules issued under this code. 
           Sec. 51.  Minnesota Statutes 2000, section 192A.56, is 
        amended to read: 
           192A.56 [DRUNK UNDER THE INFLUENCE OF ALCOHOL WHILE ON 
        DUTY; SLEEPING ON POST; LEAVING POST BEFORE RELIEF.] 
           Any person subject to this code who is found drunk to be 
        under the influence of alcohol while on duty or sleeping upon an 
        assigned post, or who leaves that post before being regularly 
        relieved, shall be punished as a court-martial may direct.  
           Sec. 52.  Minnesota Statutes 2000, section 192A.57, is 
        amended to read: 
           192A.57 [MALINGERING.] 
           Any person subject to this code who for the purpose of 
        avoiding work, duty, or service in the state military forces not 
        in federal active service: 
           (1) Feigns illness, physical disablement, mental lapse, or 
        derangement; or 
           (2) Intentionally inflicts self injury; 
        shall be punished as a court-martial may direct. 
           Sec. 53.  [192A.582] [ASSAULT.] 
           Any person subject to this code who: 
           (1) commits an act with intent to cause fear in another of 
        immediate bodily harm or death; or 
           (2) intentionally inflicts or attempts to inflict bodily 
        harm upon another; 
        shall be punished as a court-martial may direct. 
           Sec. 54.  Minnesota Statutes 2000, section 192A.585, is 
        amended to read: 
           192A.585 [PERJURY.] 
           Any person subject to this code who willfully gives false 
        testimony under oath in the course of a judicial proceeding on 
        the issue under material to the issue or matter of inquiry shall 
        be punished as a court-martial may direct. 
           Sec. 55.  Minnesota Statutes 2000, section 192A.59, is 
        amended to read: 
           192A.59 [FRAUDS AGAINST THE GOVERNMENT.] 
           Any person subject to this code: 
           (1) Who, knowing it to be false or fraudulent 
           (a) makes any claim against the United States, the state, 
        or any officer thereof; or 
           (b) presents to any person in the civil or military service 
        thereof, for approval or payment, any claim against the United 
        States, the state, or any officer thereof; 
           (2) Who, for the purpose of obtaining the approval, 
        allowance, or payment of any claim against the United States, 
        the state, or any officer thereof 
           (a) makes or uses any writing or other, paper, or 
        electronic submission knowing it to contain any false or 
        fraudulent statements; 
           (b) makes any oath to any fact or to any writing or other, 
        paper, or electronic submission knowing the oath to be false; or 
           (c) forges or counterfeits any signature upon any writing 
        or other paper, or uses any such signature knowing it to be 
        forged or counterfeited; 
           (3) Who, having charge, possession, custody, or control of 
        any money or other property of the United States or the state 
        furnished or intended for the armed forces of the United States 
        or the state military forces, knowingly delivers to any person 
        having authority to receive it any amount thereof less than that 
        for which that person receives a certificate or receipt; or 
           (4) Who, being authorized to make or deliver any paper 
        certifying the receipt of any property of the United States or 
        the state furnished or intended for the armed forces of the 
        United States or the state military forces, makes or delivers to 
        any person such writing without having full knowledge of the 
        truth of the statements therein contained and with intent to 
        defraud the United States or the state; 
        shall, upon conviction, be punished as a court-martial may 
        direct.  
           Sec. 56.  Minnesota Statutes 2000, section 192A.60, is 
        amended to read: 
           192A.60 [CONDUCT UNBECOMING AN OFFICER.] 
           Any commissioned officer who is convicted of does or omits 
        to do certain acts that, under the circumstances, constitute 
        conduct unbecoming an officer shall be punished as a 
        court-martial may direct.  
           Sec. 57.  Minnesota Statutes 2000, 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, of which persons 
        subject to this code may be guilty, shall be taken cognizance of 
        by a general, special, or summary court-martial, according to 
        the nature and degree of the offense, and all conduct of a 
        nature to bring discredit upon the state military forces shall 
        be punished at the discretion of that court as a court-martial 
        may direct.  However, cognizance may not be taken of, and 
        jurisdiction may not be extended to, the crimes of murder, 
        manslaughter, rape, robbery, maiming, sodomy, arson, extortion, 
        assault, burglary or housebreaking, jurisdiction of which is 
        reserved to civil courts 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. 58.  Minnesota Statutes 2000, section 192A.61, 
        subdivision 3, is amended to read: 
           Subd. 3.  Any person subject to this code whose conduct is 
        subject to inquiry shall be designated as a party.  Any person 
        subject to this code or employed by or for the state military 
        forces who has a direct interest in the subject of inquiry has 
        the right to be designated as a party upon request to the 
        court.  Any person designated as a party shall be given due 
        notice and has the right to be present, to be represented by 
        military counsel, or by civilian counsel at the person's own 
        expense, to cross examine witnesses, and to introduce evidence. 
           Sec. 59.  Minnesota Statutes 2000, section 192A.612, is 
        amended to read: 
           192A.612 [SEARCH WARRANTS.] 
           During any period of active service under section 190.05, 
        subdivision 5a or 5b, a military judge, designated as the 
        summary court officer during such service, is authorized to 
        issue search warrants, directed to a member of the military 
        police of the state military forces, to search any person, 
        place, or vehicle within the confines of the property or 
        premises being used for such active service or any person or 
        vehicle pursued therefrom.  No search warrant shall be issued 
        except upon probable cause, supported by affidavit or sworn 
        testimony naming and describing the person and particularly 
        describing the property or thing to be seized and particularly 
        describing the place to be searched. 
           Sec. 60.  Minnesota Statutes 2000, section 192A.615, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORIZED PERSONS] The following members 
        of the state military forces may administer oaths for the 
        purposes of military administration, including military justice, 
        and affidavits may be taken for those purposes before persons 
        having the general powers of a notary public: 
           (1) the state judge advocate and all assistant state judge 
        advocates; 
           (2) staff judge advocates and acting or assistant staff 
        judge advocates; 
           (3) All summary courts-martial; 
           (4) all adjutants, assistant adjutants, acting adjutants, 
        and personnel adjutants; 
           (5) (4) the president, military judge, trial counsel, and 
        assistant trial counsel for all general and, special, and 
        summary courts-martial; 
           (6) (5) the president and the counsel for the court of any 
        court of inquiry; 
           (7) (6) all officers designated to take a deposition; 
           (8) (7) all persons detailed to conduct an investigation; 
        and 
           (9) (8) all other persons designated by rules of the 
        governor. 
           Sec. 61.  Minnesota Statutes 2000, section 192A.615, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ON DUTY REQUIREMENT.] Officers of the state 
        military forces may not be authorized to administer oaths as 
        provided in this section unless they are on duty in or with 
        those forces under orders of the governor as prescribed in this 
        code. 
           Sec. 62.  Minnesota Statutes 2000, section 192A.62, is 
        amended to read: 
           192A.62 [SECTIONS TO BE EXPLAINED.] 
           Sections 192A.02, 192A.025, 192A.045 to, 192A.065, 192A.07, 
        192A.08, 192A.085, 192A.145, 192A.155, 192A.205, 192A.295, 
        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. 63.  Minnesota Statutes 2000, section 192A.635, is 
        amended to read: 
           192A.635 [EXECUTION OF PROCESS AND SENTENCE.] 
           In the state military forces not in federal active service 
        the processes and sentences of its courts-martial shall be 
        executed by the civil officers prescribed by the laws of the 
        state.  
           Sec. 64.  Minnesota Statutes 2000, section 192A.64, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [KINDS OF PROCESS.] Military courts may 
        issue any process or mandate, including writs and warrants 
        necessary to carry into effect their powers.  Such a court may 
        issue subpoenas and subpoenas duces tecum and enforce by 
        attachment attendance of witnesses and production of books and 
        records, when it is sitting within the state and the witnesses, 
        books, and records sought are also so located.  
           Sec. 65.  Minnesota Statutes 2000, section 192A.64, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TO WHOM DIRECTED.] Process and mandates may be 
        issued by summary courts-martial, provost courts, or the 
        president of other military courts and may be directed to and 
        may be executed by the marshals of the military court or any 
        peace officer directed to the provost marshal, the military 
        police, or any licensed peace officer of the state and shall be 
        in such form as may be prescribed by rules issued under this 
        code.  
           Sec. 66.  Minnesota Statutes 2000, section 192A.645, is 
        amended to read: 
           192A.645 [PAYMENT OF FINES AND DISPOSITION THEREOF.] 
           Fines imposed by a military court may be paid to it or to 
        an officer executing its process.  The amount of such a fine may 
        be noted upon any state roll or account for pay of the 
        delinquent military member and deducted from any pay or 
        allowance due or thereafter to become due the delinquent 
        military member, until the fine is liquidated.  Any sum so 
        deducted shall be turned in to the military court which imposed 
        the fine.  The proceeds of all such fines shall be disposed of 
        in accordance with section 192.68.  All moneys so deposited with 
        the adjutant general are appropriated for the purposes stated.  
           Sec. 67.  Minnesota Statutes 2000, section 192A.65, is 
        amended to read: 
           192A.65 [IMMUNITY FOR ACTION OF MILITARY COURTS.] 
           No accused or convicted member of the state military forces 
        may bring an action or proceeding against the convening 
        authority or a member of a military court or officer or person 
        acting under its authority or reviewing its proceedings because 
        of the approval, imposition, or execution of any sentence or the 
        imposition or collection of a fine or penalty, or the execution 
        of any process or mandate of a military court.  
           Sec. 68.  Minnesota Statutes 2000, section 192A.66, is 
        amended to read: 
           192A.66 [DELEGATION OF AUTHORITY BY THE GOVERNOR.] 
           Except for the power in sections 192A.115 and 192A.13, the 
        authority vested in the governor under this code may be 
        delegated, and provisions made for the subdelegation of any such 
        authority or subdelegated. 
           Sec. 69.  Minnesota Statutes 2000, section 192A.665, is 
        amended to read: 
           192A.665 [UNIFORMITY OF INTERPRETATION.] 
           This chapter shall be so construed as to effectuate its 
        general purpose to make uniform the law of those states which 
        enact it and, so far as practical, to make that law these laws 
        uniform with the law of the United States.  
           Sec. 70.  [REVISOR INSTRUCTION.] 
           The revisor shall renumber Minnesota Statutes, section 
        192A.30 as section 192A.111 and correct all references to that 
        section in Minnesota Statutes and Minnesota Rules. 
           Sec. 71.  [REPEALER.] 
           Minnesota Statutes 2000, sections 192A.045, subdivision 1; 
        192A.06; 192A.075; 192A.145; 192A.165; 192A.17; 192A.175; 
        192A.18; 192A.185; 192A.19; 192A.195; 192A.21; 192A.215; 
        192A.22; 192A.225; 192A.23; 192A.235, subdivision 2; 192A.245; 
        192A.265; 192A.27; 192A.275; 192A.285; 192A.29; 192A.295; 
        192A.305; 192A.31, subdivision 2; 192A.315; 192A.32; 192A.325; 
        192A.33; 192A.335; 192A.34; 192A.345; 192A.35; 192A.355; 
        192A.36; 192A.365; 192A.37; 192A.375; 192A.38; 192A.43, 
        subdivision 3; 192A.505; 192A.52; 192A.53; 192A.58; 192A.611; 
        and 192A.655, are repealed. 
           Presented to the governor March 28, 2002 
           Signed by the governor April 1, 2002, 9:14 a.m.