2023 Minnesota Statutes

192.67 OFFENDERS; TRANSFER TO CIVIL AUTHORITIES; SERVICE MEMBER DATA.

Subdivision 1.Transfer to civil authorities.

When any criminal offense is committed by any officer or enlisted member of the military forces while on duty status other than federal duty, the officer or enlisted member shall be turned over by superior officers to the proper civil authorities of the county or municipality in which the offense occurred for punishment for such crime, but such trial and punishment by the civil authorities shall not preclude trial and additional punishment or dismissal from the service by court-martial for any military offense resulting from the commission of said crime.

Subd. 2.Service member data.

Notwithstanding any provision of chapter 13 or other state law, all investigative reports and law enforcement data, including but not limited to all data collected and defined under section 13.82 pertaining to any service member of the military forces, must be made accessible to the adjutant general of the Minnesota National Guard upon request of the Office of the State Judge Advocate. All information, data, and records obtained under this subdivision may be accessed, copied, transmitted, or provided to the adjutant general without a court order or request from the subject of the data when the matter involves any officer or enlisted member of the military forces. The adjutant general may only use data made accessible under this subdivision in support of military justice and Minnesota National Guard administrative and disciplinary actions.

History:

(2471) 1921 c 506 s 77; 1963 c 550 s 4; 1986 c 444; 2022 c 89 art 1 s 1