The Minnesota Code of Military Justice, which applies to members of the Minnesota National Guard, received several changes in a 2022.
Sponsored by Rep. Tou Xiong (DFL-St. Paul) and Sen. Andrew Lang (R-Olivia), the law, effective Aug. 1, 2022, modifies the code, makes data provision changes, jurisdiction and appellate changes and provides updates to punitive articles, punishable offenses and penalties.
Among the changes:
• law enforcement data pertaining to any service member must be released to the adjutant general upon request of the Office of the Staff Judge Advocate;
• clarifies that certain data regarding members of the National Guard is inherently federal data;
• military attorneys who are not members of the Minnesota bar can, under some circumstances, practice law and serve as military judges in the state;
• jurisdiction of the Minnesota Code of Military Justice is broadened for service members who travel to and from their inactive-duty training site and intervals between consecutive periods of training;
• modifies how statute of limitation conflicts are resolved so that the lesser of the limitation set by the manual for court martial of the United States, Minnesota state law or Minnesota Code of Military Justice applies;
• directs a courts-martial convening authority to issue a final order at the conclusion of court-martial proceedings and have it promptly served on the accused;
• the state supreme court is to hear appeals of the Minnesota Code of Military Justice;
• within 60 days after notice of final order, the petitioner shall receive a writ of certiorari from the supreme court;
• authorizes Minnesota licensed peace officers to enforce a military search warrant for offenses occurring when a service member is in active service;
• authorizes either the governor or adjutant general to request investigation of military offenses by the Bureau of Criminal Apprehension; and
• punitive articles are updated. The law authorizes a court-martial for service members determined to be under the influence of alcohol or controlled substances while on duty. It also adds to the code prohibited activities with recruits or trainees by a person in position of special trust, nonconsensual distribution of intimate images, unauthorized use of government computer, and retaliation.