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MN HF1138

Bill

Status

Passed

5/20/2013

Primary Sponsor

Jerry Newton

Click for details

Origin

House of Representatives

88th Legislature 2013-2014

AI Summary

  • Expands military code jurisdiction to apply to all state military forces members based on nexus to the military, removing "active service" limitation and establishing subject matter jurisdiction for both military and nonmilitary offenses.

  • Creates new commanding officer's nonjudicial punishment authority allowing commanders to impose disciplinary punishments (admonitions, reprimands, pay forfeiture, reduction in rank, extra duties, restriction) without court-martial for minor offenses, with appeal rights to superior authority within 15 days.

  • Modifies court-martial jurisdiction and punishment authority by replacing specific punishment lists with general authority to impose "any punishment not forbidden by this code" subject to limitations, with special courts-martial restricted from imposing dishonorable discharge, dismissal, or confinement exceeding 90 days.

  • Establishes comprehensive appellate review process including senior force judge advocate review of guilty findings, adjutant general action authority, and appeal to Minnesota Court of Appeals under state criminal and appellate procedure rules.

  • Repeals former section 192A.085 and related subdivisions, replacing it with new commanding officer's nonjudicial punishment section 192A.0851 and adds new military justice provisions on illegal controlled substances in duty status, error of law standards, and convening authority procedures.

Legislative Description

Minnesota Code of Military Justice updated, and clarifying language provided.

Last Action

Secretary of State Chapter 78

5/20/2013

Committee Referrals

Rules and Administration5/1/2013
Rules and Legislative Administration3/20/2013
State Government Finance and Veterans Affairs3/18/2013
Judiciary Finance and Policy3/13/2013
Government Operations3/4/2013

Full Bill Text

No bill text available