Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes