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S.F. No. 971 - Minnesota Uniform Code of Military Justice
 
Author: Senator Kevin Dahle
 
Prepared By: Chris Turner, Senate Fiscal Analyst (651/296-4350)
 
Date: March 21, 2013



 

Overview

This bill updates and clarifies Minnesota’s Uniform Code of Military Justice, the legal system under which Minnesota National Guard members live while serving in State active military service.

Section

1    Jurisdiction. Clarification of when Military legal jurisdiction applies.

2    Governs AWOL offenses. Clarified.

3    Commanding Officer’s Nonjudicial Punishment. New language describing the process of nonjudicial, administrative punishment by a commanding officer for relatively minor offenses.

4     Jurisdiction of Courts-Martial. Clarified.

5     Jurisdiction of General Courts-Martial. Clarified.

6     Jurisdiction of Special Courts-Martial. Clarified.

7     Jurisdiction of Summary Courts-Martial. Clarified.

8     Maximum Limits of Punishments. New language establishing maximum limits.

9     Who may Convene a General Courts-Martial. Authority to convene clarified.

10    Authority for Prescribing Rules. Clarified.

11   Three-Year Statute of Limitations. Clarified.

12   “Error of Law” and “Lesser Included Offense.” Terms defined; application delimited.

13   Action by Convening Authority. This section of the bill creates a new section of law delineating the actions required of the convening authority, as follows.

Subd. 1. Reporting the findings and sentence.

Subd. 2. Submissions of the accused.

Subd. 3. Action on the findings.

Subd. 4. Recommendation of the Judge Advocate.

Subd. 5. Proceedings in revision, rehearing, and reconsideration

14   Accused may Waive the Right to Appeal. So specified.

15   Appeal by the State. Delineates rights of the State in an appeal.

16   Rehearings. Delineates language governing rehearings.

17   Review by Senior Force Judge Advocate. Required.

18   Review by a State Appellate Authority. Provides the right to appeal a courts-martial to the Minnesota State Court of Appeals.

19   Appellate Counsel. Provides that in an appeal, both the State and the Defendant have the right to representation by counsel.

20   Finality of Proceedings, Findings, and Sentences. Provides that the appellate review of records of trial, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this code, and all dismissals and discharges are final, subject only to action upon a petition for a new trial.

21   Illegal Presence of Controlled Substance while in Duty Status. Defines “controlled substance."

22   General Article. Technical.

23   Sections of Minnesota Statutes to be Explained. Makes a minor alteration in the listing of statutes that must be explained to new soldiers.

24    Delegation of Authority by Governor. Removes a limitation in the provision stipulating that the Governor’s authority for the Minnesota National Guard may be delegated.

25   Repealer. Repeals certain archaic language in current law that is rewritten under the bill.

 
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