CHAPTER 78--H.F.No. 1138
relating to the military; updating the Minnesota Code of Military Justice; providing clarifying language;
amending Minnesota Statutes 2012, sections 192A.02, subdivision 1; 192A.045, subdivision 3; 192A.095; 192A.10; 192A.105; 192A.11, subdivision 1; 192A.111; 192A.13; 192A.20; 192A.235, subdivision 3; 192A.605; 192A.62; 192A.66; proposing coding for new law in Minnesota Statutes, chapter 192A; repealing Minnesota Statutes 2012, sections 192A.085; 192A.11, subdivisions 2, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
This code applies to all members of the state military forces in active service as defined by section 190.05, subdivision 5.
Absence without leave.
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 licensed peace officer pursuant to a warrant issued by a military judge upon a finding of probable cause.
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.
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) any combination of these punishments.
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) any combination of these punishments.
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.
192A.111 MAXIMUM LIMITS.
The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code.
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
192A.20 GOVERNOR MAY PRESCRIBE RULES.
The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the governor by rules, which shall, so far as the governor considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the state, but which may not be contrary to or inconsistent with this code.
Except as otherwise provided in 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 three years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of punishment under section 192A.085.
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, and all conduct of a nature to bring discredit upon the state military forces shall be punished as a court-martial may direct. However, where a crime constitutes an offense that violates both this code and the criminal laws of the state where the offense occurs or criminal laws of the United States, jurisdiction of the military court must be determined in accordance with section 192A.02, subdivision 3, paragraph (a).
192A.62 SECTIONS TO BE EXPLAINED.
Sections 192A.02, 192A.025, 192A.045, 192A.065, 192A.07, 192A.08, 192A.085, 192A.155, 192A.205, 192A.385 to 192A.595, and 192A.62 to 192A.63 shall be carefully explained to every enlisted member at the time of the member's enlistment or transfer or induction into, or at the time of the member's order to duty in or with any of the state military forces or within 30 days thereafter. They shall also be explained annually to each unit of the state military forces. A complete text of this code and of the rules prescribed by the governor thereunder shall be made available to any member of the state military forces, upon the member's request, for personal examination. Failure to provide briefings to soldiers or otherwise explain this code to soldiers shall not be a defense to a court-martial proceeding, except as mitigation in sentencing.
192A.66 DELEGATION OF AUTHORITY BY GOVERNOR.
Except for the power in sections 192A.115 and 192A.13, The authority vested in the governor under this code may be delegated or subdelegated.
Presented to the governor May 16, 2013
Signed by the governor May 20, 2013, 3:17 p.m.