piers109uk/MN-Statutes huggingface dataset:
192A.45 DISRESPECT TOWARDS SUPERIOR COMMISSIONED OFFICER.
Any person subject to this code who behaves with disrespect towards that person's superior commissioned officer shall be punished as a court-martial may direct.
192A.46 INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER OR NONCOMMISSIONED OFFICER.
Any warrant officer or enlisted member who:
(1) strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of official duties;
(2) willfully disobeys the lawful order of a warrant officer or noncommissioned officer; or
(3) treats with contempt or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while that officer is in the execution of official duties;
shall be punished as a court-martial may direct.
192A.455 ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER.
Any person subject to this code who:
(1) strikes that person's superior commissioned officer or draws or lifts up any weapon or offers any violence against that superior commissioned officer while that officer is in the execution of official duties; or
(2) willfully disobeys a lawful command of that person's superior commissioned officer;
shall be punished as a court-martial may direct.
192A.465 FAILURE TO OBEY ORDER OR RULE.
Any person subject to this code who:
(1) violates or fails to obey any lawful general order or rule;
(2) having knowledge of any other lawful order issued by a member of the state military forces which it is the person's duty to obey, fails to obey the order; or
(3) is derelict in the performance of duties;
shall be punished as a court-martial may direct.
192A.475 MUTINY OR SEDITION.
Any person subject to this code who:
(1) with intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do that person's duty or creates any violence or disturbance is guilty of mutiny;
(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;
(3) fails to do the utmost to prevent and suppress a mutiny or sedition being committed in that person's presence, or fails to take all reasonable means to inform a superior commissioned officer or commanding officer of a mutiny or sedition which that person knows or has reason to believe is taking place is guilty of a failure to suppress or report a mutiny or sedition.
A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.
192A.47 CRUELTY AND MALTREATMENT.
Any person subject to this code who acts cruelly, oppressively or maltreats any individual subject to the person's orders or control shall be punished as a court-martial may direct.
192A.48 RESISTANCE, BREACH OF ARREST, AND ESCAPE.
Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed by a member of the state military forces not in federal active service shall be punished as a court-martial may direct.
192A.49 UNLAWFUL DETENTION OF ANOTHER.
Any person subject to this code who, except as provided by law or rule, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.
192A.485 RELEASING PRISONER WITHOUT PROPER AUTHORITY.
Any person subject to this code who, without proper authority, releases any prisoner committed to that person's charge, or who through neglect or design allows any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
192A.495 NONCOMPLIANCE WITH PROCEDURAL RULES.
Any person subject to this code who:
(1) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code; or
(2) knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused;
shall be punished as a court-martial may direct.
192A.535 FALSE OFFICIAL STATEMENTS.
Any person subject to this code who, with intent to deceive, signs any false record, return, rule, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.
192A.51 IMPROPER USE OF COUNTERSIGN.
Any person subject to this code who, during a time when the state military forces are engaged with the enemy, discloses the parole or countersign or code word to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to that person's knowledge, the person was authorized and required to give, shall be punished as a court-martial may direct.
192A.54 MILITARY PROPERTY; LOSS, DAMAGE, DESTRUCTION, OR WRONGFUL DISPOSITION.
Any person subject to this code who, without proper authority:
(1) sells or otherwise disposes of;
(2) willfully or through gross negligence damages, destroys, or loses; or
(3) willfully or through gross negligence allows to be damaged, destroyed, sold, or wrongfully disposed of;
any military property of the United States or of the state shall be punished as a court-martial may direct.
192A.525 AIDING THE ENEMY.
Any person subject to this code who:
(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with the enemy, either directly or indirectly;
shall be punished as a court-martial may direct.
192A.566 ILLEGAL PRESENCE OF CONTROLLED SUBSTANCE WHILE IN DUTY STATUS.
(a) A person subject to this code who, while in any duty status defined in section 190.05, subdivision 5, submits to a urinalysis test, the result of which is positive for a controlled substance described in paragraph (b), shall be punished as a court-martial may direct.
(b) For purposes of this section, "controlled substance" includes the following:
(1) opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance;
(2) any substance not specified in clause (1) that is listed on a schedule of controlled substances prescribed by the president of the United States for the purposes of the Uniform Code of Military Justice of the armed forces of the United States, United States Code, title 10, section 801 et seq.;
(3) any other substance not specified in clause (1) or contained on a list prescribed by the president of the United States under clause (2) that is listed in schedules I through V of article 202 of the Controlled Substances Act, United States Code, title 21, section 812; and
(4) any substance defined in sections 152.01 and 152.027, subdivision 6.
(c) It is an affirmative defense which may be proved by a preponderance of the evidence that the person had a valid prescription for that controlled substance and was using the controlled substance in the manner for which it was prescribed.
192A.515 FORCING A SAFEGUARD.
Any person subject to this code who forces a safeguard shall be punished as a court-martial may direct.
192A.575 RIOT OR BREACH OF PEACE.
Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
192A.555 DRIVING WHILE UNDER THE INFLUENCE OR RECKLESS DRIVING.
Any person subject to this code who drives, operates or is in physical control of any motor vehicle or aircraft while under the influence of an alcoholic beverage; controlled substance; cannabis flower, cannabis product, lower-potency hemp edible, hemp-derived consumer product, artificially derived cannabinoid, or tetrahydrocannabinols, as those terms are defined in section 342.01, or a combination thereof or whose blood contains 0.08 percent or more by weight of alcohol or who operates said motor vehicle or aircraft in a reckless or wanton manner, shall be punished as a court-martial may direct.
192A.55 IMPROPER HAZARDING OF VESSEL OR AIRCRAFT.
Any person subject to this code who willfully, wrongfully, or through gross negligence hazards or allows to be hazarded any vessel or aircraft of the armed forces of the United States or of the state military forces shall be punished as a court-martial may direct.
[Repealed by amendment, 2002 c 308 s 49]
192A.50 MISBEHAVIOR BEFORE THE ENEMY.
Any person subject to this code who before or in the presence of the enemy:
(1) runs away;
(2) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is the person's duty to defend;
(3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;
(4) casts away the person's arms or ammunition;
(5) engages in cowardly conduct;
(6) quits a place of duty to plunder or pillage;
(7) causes false alarms in any command, unit, or place under control of the armed forces of the United States or the state military forces;
(8) willfully fails to do the utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing which it is that person's duty so to encounter, engage, capture, or destroy; or
(9) does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies, to the state, or to any other state, when engaged in a hostile encounter;
shall be punished as a court-martial may direct.
192A.56 UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE WHILE ON DUTY; SLEEPING ON POST; LEAVING POST BEFORE RELIEF.
Any person subject to this code who is found to be under the influence of alcohol or a controlled substance as defined in section 192A.566 without a valid medical prescription while on duty or sleeping upon an assigned post, or who leaves that post before being regularly relieved, shall be punished as a court-martial may direct.
192A.57 MALINGERING.
Any person subject to this code who for the purpose of avoiding work, duty, or service in the state military forces not in federal active service:
(1) feigns illness, physical disablement, mental lapse, or derangement; or
(2) intentionally inflicts self injury;
shall be punished as a court-martial may direct.
192A.545 PROPERTY OTHER THAN MILITARY PROPERTY; WASTE, SPOILAGE, OR DESTRUCTION.
Any person subject to this code who, while in a duty status, willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of the state shall be punished as a court-martial may direct.
192.02 INACTIVE NATIONAL GUARD.
The inactive National Guard shall be organized and maintained under such rules and regulations as may be prescribed in accordance with the federal law.
192.01 MINNESOTA NATIONAL GUARD.
The Minnesota National Guard consists of the regularly enlisted militia within the ages prescribed by federal law and regulations, organized, armed, and equipped as hereinafter provided, and of commissioned officers and warrant officers within the ages and having the qualifications prescribed by federal law and regulations. "National Guard" applies only to militia organized as provided for in the military code and authorized by federal law and regulations relating to the National Guard. The number of officers and enlisted members of the National Guard shall be fixed from time to time and organized so as to meet the requirements of the federal laws.
192.06 OFFICERS AND ENLISTED PERSONS OF STATE STAFF AND DETACHMENT; NUMBER AND GRADES.
The number and grades of officers and enlisted persons in the state staff and detachment shall be as prescribed by federal law, but in case of war, invasion, insurrection, civil disturbance or imminent danger of any of the foregoing, the governor may temporarily increase the force to meet the emergency, and retired officers who are physically qualified may be assigned to emergency duty. All officers appointed to the state staff and detachment shall have had previous military service and shall be selected and appointed by the adjutant general and commissioned by the governor. The enlisted persons shall be recruited and administered by the detachment commander.
192A.60 CONDUCT UNBECOMING AN OFFICER.
Any commissioned officer who does or omits to do certain acts that, under the circumstances, constitute conduct unbecoming an officer shall be punished as a court-martial may direct.
192A.585 PERJURY.
Any person subject to this code who willfully gives false testimony under oath in the course of a judicial proceeding material to the issue or matter of inquiry shall be punished as a court-martial may direct.
192.05 STATUS OF INDIVIDUALS AND UNITS OF NATIONAL GUARD IN NATIONAL EMERGENCY AND AFTERWARDS.
When Congress shall have declared a national emergency or shall have authorized the use of armed land forces of the United States for any purpose requiring the use of troops in excess of those of the regular army, and the president has ordered into the active military service of the United States, to serve therein for the period of the war or emergency, any or all units and members of the National Guard of this state, all forces so ordered into the active military service of the United States shall from the date thereof stand relieved from duty in the National Guard of this state so long as they shall remain in the active military service of the United States, when so provided by the federal law. Upon being relieved from such duty in the military service of the United States, all such individuals and units shall revert to their National Guard status.
192A.582 ASSAULT.
Any person subject to this code who:
(1) commits an act with intent to cause fear in another of immediate bodily harm or death; or
(2) intentionally inflicts or attempts to inflict bodily harm upon another;
shall be punished as a court-martial may direct.
192A.59 FRAUDS AGAINST THE GOVERNMENT.
Any person subject to this code:
(1) who, knowing it to be false or fraudulent:
(a) makes any claim against the United States, the state, or any officer thereof; or
(b) presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States, the state, or any officer thereof;
(2) who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States, the state, or any officer thereof:
(a) makes or uses any writing, paper, or electronic submission knowing it to contain any false or fraudulent statements;
(b) makes any oath to any fact or to any writing, paper, or electronic submission knowing the oath to be false; or
(c) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;
(3) who, having charge, possession, custody, or control of any money or other property of the United States or the state furnished or intended for the armed forces of the United States or the state military forces, knowingly delivers to any person having authority to receive it any amount thereof less than that for which that person receives a certificate or receipt; or
(4) who, being authorized to make or deliver any paper certifying the receipt of any property of the United States or the state furnished or intended for the armed forces of the United States or the state military forces, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the state;
shall be punished as a court-martial may direct.
192.03 ORGANIZATION.
The organization of the National Guard, including the composition of all units thereof, shall be such as is or may hereafter be prescribed for this state by federal law.
192A.595 LARCENY AND WRONGFUL APPROPRIATION.
Any person subject to this code who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person or from the state or United States any money, personal property, or article of value of any kind:
(1) with intent permanently to deprive or defraud another person or the state or United States of the use and benefit of property or to appropriate it to personal use or the use of any person other than the owner, steals that property and is guilty of larceny; or
(2) with intent temporarily to deprive or defraud another person or the state or United States of the use and benefit of property or to appropriate it to personal use or the use of any person other than the owner, is guilty of wrongful appropriation.
Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.
192.04 LOCATION OF UNITS.
The location of units, including headquarters shall, when not otherwise prescribed by federal law, be fixed by the governor on the recommendation of the adjutant general.
192A.6011 PROHIBITED ACTIVITIES WITH MILITARY RECRUIT OR TRAINEE BY PERSON IN POSITION OF SPECIAL TRUST.
For purposes of this section, the terms defined in this subdivision have the meanings given them.
(1) "Applicant for military service" means a person who, under regulations prescribed by the secretary concerned, the Minnesota National Guard authority, or designee concerned, is an applicant for original enlistment or appointment in the armed forces.
(2) "Military recruiter" means a person who, under regulations prescribed by the secretary concerned, has the primary duty to recruit persons for military service.
(3) "Prohibited sexual activity" means, as specified in regulations prescribed by the secretary concerned, the Minnesota National Guard authority, or designee concerned, inappropriate physical intimacy under circumstances described in such regulations.
(4) "Specially protected junior member of the armed forces" means:
(i) a member of the armed forces who is assigned to, or is awaiting assignment to, basic training or other initial active duty for training, including a member who is enlisted under a delayed entry program;
(ii) a member of the armed forces who is a cadet, an officer candidate, or a student in any other officer qualification program; and
(iii) a member of the armed forces in any program that, by regulation prescribed by the secretary concerned or a Minnesota National Guard authority, or designee concerned, is identified as a training program for initial career qualification.
(5) "Training leadership position" means, with respect to a specially protected junior member of the armed forces, any of the following:
(i) any drill instructor position or other leadership position in a basic training program, an officer candidate school, a reserve officers' training corps unit, a training program for entry into the armed forces, or any program that, by regulation prescribed by the secretary concerned, is identified as a training program for initial career qualification; and
(ii) faculty and staff of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the United States Coast Guard Academy, and the Minnesota National Guard Regional Training Institute.
Any person subject to this code:
(1) who is an officer or a noncommissioned officer;
(2) who is in a training leadership position with respect to a specially protected junior member of the armed forces; and
(3) who engages in prohibited sexual activity with the specially protected junior member of the armed forces;
shall be punished as a court-martial may direct.
Any person subject to this code:
(1) who is a military recruiter and engages in prohibited sexual activity with an applicant for military service; or
(2) who is a military recruiter and engages in prohibited sexual activity with a specially protected junior member of the armed forces who is enlisted under a delayed entry program;
shall be punished as a court-martial may direct.
Consent is not a defense for any conduct at issue in a prosecution under this section.
192.08 QUALIFICATIONS OF OFFICERS.
Officers of the National Guard shall not be commissioned as such unless they shall have been selected from the classes of persons having the qualifications prescribed by federal law and shall have taken and subscribed to the oath of office prescribed by Congress.
192A.6013 FRAUDULENT USE OF CREDIT CARDS, DEBIT CARDS, AND OTHER ACCESS DEVICES.
Any person subject to this code who knowingly, with intent to defraud, uses:
(1) a stolen credit card, debit card, or other access device;
(2) a revoked, canceled, or otherwise invalid credit card, debit card, or other access device; or
(3) a credit card, debit card, or other access device without the authorization of a person whose authorization was required for use, including a government purchase card or government travel card without conforming to the published federal or Minnesota National Guard procedures at the time of use;
to obtain money, property, services, or anything else of value shall be punished as a court-martial may direct.
As used in this section, "access device" has the meaning given in United States Code, title 18, section 1029.
192A.6014 UNAUTHORIZED USE OF GOVERNMENT COMPUTER.
For purposes of this section, the terms defined in this subdivision have the meanings given them.
(1) "Computer" has the meaning given in United States Code, title 18, section 1030.
(2) "Damage" has the meaning given in United States Code, title 18, section 1030.
(3) "Government computer" means a computer owned or operated by or on behalf of the United States government or the state of Minnesota.
Any person subject to this code who:
(1) knowingly accesses a government computer with an unauthorized purpose and by doing so obtains classified information, with reason to believe the information could be used to the injury of the United States or the state of Minnesota or to the advantage of any foreign nation, and intentionally communicates, delivers, or transmits or causes to be communicated, delivered, or transmitted the information to any person not entitled to receive it;
(2) intentionally accesses a government computer with an unauthorized purpose and thereby obtains classified or other protected information from any government computer; or
(3) knowingly causes the transmission of a program, information, code, or command, and as a result intentionally causes damage without authorization to a government computer;
shall be punished as a court-martial may direct.
192.105 OFFICERS; SELECTION, ASSIGNMENT, PROMOTION.
Officers for the Minnesota National Guard shall be selected, commissioned, or appointed by the governor upon the recommendation of the adjutant general provided the persons have met all qualifications prescribed by federal law. Commissions shall designate the arm, branch, or staff corps to which an officer is appointed.
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, all conduct of a nature to bring discredit upon the state military forces, any crime punishable by the law of this state other than those specifically enumerated in the punitive sections of this code, and any crime contained in the Uniform Code of Military Justice 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.6015 RETALIATION.
For purposes of this section, the terms defined in this subdivision have the meanings given them.
(1) "Covered individual or organization" means any recipient of a communication specified in United States Code, title 10, section 1034(b)(1)(B), clauses (i) to (v).
(2) "Inspector general" has the meaning given in United States Code, title 10, section 1034(j).
(3) "Protected communication" means:
(i) a lawful communication to a member of Congress, a state legislator, or an inspector general; and
(ii) a communication to a covered individual or organization, to include the Office of the Governor, in which a member of the armed forces complains of or discloses information that the member reasonably believes constitutes evidence of any of the following:
(A) a violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination; or
(B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
Any person subject to this code who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or making or planning to make a protected communication, or with the intent to discourage any person from reporting a criminal offense or making or planning to make a protected communication:
(1) wrongfully takes or threatens to take an adverse personnel action against any person; or
(2) wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person;
shall be punished as a court-martial may direct.
192.11 OFFICERS HAVE POWERS AND DUTIES OF UNITED STATES OFFICERS.
In addition to the powers and duties prescribed in the Military Code, all officers of the Minnesota National Guard shall have the same powers, including the power to administer oaths, and perform the same duties as officers of similar rank and position in the armed forces of the United States that are authorized by federal law.
192.13 SUPPLIES, HOW ISSUED; BOND.
Arms, accoutrements, ammunition and stores shall be issued to the proper officers of each organization, upon requisition as prescribed by federal law. The governor may require of the accountable officers, such bonds as the governor deems necessary, not to exceed $5,000, for securing the care and safety of property so issued and shall allow them sufficient money to insure such property against fire when so required by the federal government. The governor may also allow them sufficient money to establish and maintain regimental depots, approved by the governor and to pay for the transportation, handling and care of such property which allowance shall be paid out of the money appropriated for the purchase of supplies for the guard. The adjutant general, with the approval of the governor, may obtain and pay for, out of the annual military appropriation, an adequate indemnity bond covering officers of the National Guard responsible for money and military property.
192.14 OFFICERS MAY RESIGN.
Commissioned officers may resign in such manner and under such circumstances as may be prescribed by federal regulations.
192A.61 COURTS OF INQUIRY.
Courts of inquiry to investigate any matter may be convened by the governor or by any other person designated by the governor for that purpose, whether or not the persons involved have requested such an inquiry.
A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.
Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code or employed by or for the state military forces who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by military counsel, or by civilian counsel at the person's own expense, to cross examine witnesses, and to introduce evidence.
Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.
Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
Each court of inquiry shall keep a record of its proceedings which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
192A.615 AUTHORITY TO ADMINISTER OATHS.
The following members of the state military forces may administer oaths for the purposes of military administration, including military justice, and affidavits may be taken for those purposes before persons having the general powers of a notary public:
(1) the state judge advocate and all assistant state judge advocates;
(2) staff judge advocates and acting or assistant staff judge advocates;
(3) all adjutants, assistant adjutants, acting adjutants, and personnel adjutants;
(4) the president, military judge, trial counsel, and assistant trial counsel for all general, special, and summary courts-martial;
(5) the president and the counsel for the court of any court of inquiry;
(6) all officers designated to take a deposition;
(7) all persons detailed to conduct an investigation; and
(8) all other persons designated by rules of the governor.
Officers of the state military forces may not be authorized to administer oaths as provided in this section unless they are on duty in or with those forces as prescribed in this code.
The signature without seal of any such person together with the title of the person's office, is prima facie evidence of the authority to administer oaths.
192A.612 SEARCH WARRANTS.
A military judge is authorized to issue search warrants, directed to a member of the military police of the state military forces or any peace officer defined under section 626.05, to search any person, place, item, or property when there is probable cause that a member of the state military forces has committed an offense subject to either concurrent or exclusive military jurisdiction during a period of active service as defined in section 190.05, subdivisions 5a and 5b, and seize items in accordance with law. No search warrant shall be issued except upon probable cause, supported by affidavit or sworn testimony naming and describing the person and particularly describing the property or thing to be seized and particularly describing the place to be searched.
192.17 OFFICERS MAY BE PLACED IN INACTIVE NATIONAL GUARD.
Officers may, upon their own application, be placed in the inactive National Guard as may be authorized by federal law.
192.18 RETIREMENT.
Whenever the federal recognition of an officer or warrant officer of the National Guard is withdrawn, that officer's commission in the Minnesota National Guard shall be terminated, except that any officer or warrant officer who shall have served in the Minnesota National Guard for a period of not less than 20 years and any officer or warrant officer who becomes disabled in line of duty while in the service of the state or of the United States and is thereby made incapable of performing military duties may, upon application therefor, be placed in a retired status and that officer's name shall be placed on a roll in the Office of the Adjutant General to be known as the "roll of retired officers."
Any enlisted member who completes not less than 20 years of service in the National Guard and is honorably discharged and any enlisted member of the Minnesota National Guard who becomes disabled in the line of duty while in the service of the state or of the United States and is thereby made incapable of performing military duties may, upon application therefor, be placed in retired status and that enlisted member's name shall be placed on a roll in the Office of the Adjutant General to be known as the "roll of retired enlisted members."
Officers, warrant officers, or enlisted personnel in retired status shall be entitled to wear, when not in conflict with federal law, on state and other occasions of ceremony, the uniform of the rank last held by those personnel.
192A.63 REDRESS OF INJURIES TO PROPERTY.
Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that property has been wrongfully taken by members of the state military forces, the commanding officer may, subject to such rules as the governor may prescribe, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by the commanding officer shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive, except as provided in subdivision 3, on any disbursing officer for the payment by the commanding officer to the injured parties of the damages so assessed and approved.
If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the military funds of the units of the state military forces to which the offenders belonged.
Any person subject to this code who is accused of causing willful damage to property has the right to be represented by counsel, to summon witnesses, to cross examine adverse witnesses, and to appeal to the next higher commander.
192A.62 SECTIONS TO BE EXPLAINED.
Sections 192A.02, 192A.025, 192A.045, 192A.065, 192A.07, 192A.08, 192A.0851, 192A.155, 192A.205, 192A.39 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.635 EXECUTION OF PROCESS AND SENTENCE.
In the state military forces not in federal active service the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of the state.
192.20 BREVET RANK.
(a) Officers, warrant officers, and enlisted persons of the National Guard who have, after ten years active service, resigned or retired for physical disability or otherwise, may in the discretion of the commander-in-chief, on the recommendation of the adjutant general, be commissioned by brevet, in the next higher grade than that held by them at the time of their resignation or retirement.
(b) Officers, warrant officers, or enlisted persons of the National Guard who die while in state or federal active service, as defined in section 190.05, or former officers, warrant officers, or enlisted persons of the National Guard who die as a result of injuries or other conditions incurred or aggravated while in such service may, in the discretion of the commander-in-chief, on the recommendation of the adjutant general, be commissioned by brevet, in the next higher grade than that held by them at the time of their death.
(c) If a service member is wounded or killed after a battlefield commission has been approved and was pending, or if a service member was enrolled in an officer commissioning program at the time of injury or death, the person may be breveted at the rank of second lieutenant or ensign, as appropriate, following separation or discharge from military service.
Brevet rank shall be considered strictly honorary and shall confer no privilege of precedence or command, nor pay any emoluments. Brevet officers, warrant officers, and enlisted persons may wear the uniform of their brevet grade on occasions of ceremony.
192.19 RETIRED MEMBERS MAY BE ORDERED TO ACTIVE DUTY.
The commander-in-chief or the adjutant general may assign officers, warrant officers, and enlisted personnel on the retired list, with their consent, to temporary active service in recruiting, upon courts-martial, courts of inquiry and boards, to staff duty not involving service with troops, or in charge of a military reservation left temporarily without officers. Such personnel while so assigned shall receive the full pay and allowances of their grades at time of retirement, except that the commander-in-chief or the adjutant general may authorize pay and allowances in a higher grade when it is considered appropriate based on special skills or experience of the person being assigned to temporary active service.
192A.64 PROCESS OF MILITARY COURTS.
Military courts may issue any process or mandate, including writs and warrants necessary to carry into effect their powers. Such a court may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books and records, when it is sitting within the state and the witnesses, books, and records sought are also so located.
Process and mandates may be directed to the provost marshal, the military police, or any licensed peace officer of the state and shall be in such form as may be prescribed by rules issued under this code.
All officers to whom process or mandates may be so directed shall execute them and make return of their acts thereunder according to the requirements of those documents. Except as otherwise specifically provided in this code, no such officer may demand or require payment of any fee or charge for receiving, executing, or returning such a process or mandate or for any service in connection therewith.
192A.645 PAYMENT AND DISPOSITION OF FINES.
Fines imposed by a military court may be paid to it or to an officer executing its process. The amount of such a fine may be noted upon any state roll or account for pay of the military member and deducted from any pay or allowance due or thereafter to become due the military member, until the fine is liquidated. Any sum so deducted shall be turned in to the military court which imposed the fine. The proceeds of all such fines shall be disposed of in accordance with section 192.68. All moneys so deposited with the adjutant general are appropriated for the purposes stated.
192.22 DISHONORABLE DISCHARGES.
A dishonorable discharge from service in the National Guard shall operate as a complete expulsion from the guard, a forfeiture of all exemptions and privileges acquired through membership therein and disqualification for any military office under the state. The names of all persons dishonorably discharged shall be published in orders by the adjutant general.
192.205 ENLISTMENTS.
Except as otherwise provided by federal law or regulation for the National Guard, original enlistments in the military forces shall be for a period of three years and subsequent enlistments for periods of one or three years. The governor may by order fix shorter period of enlistment or reenlistment for any of the military forces so far as not inconsistent with federal law. In the event of an emergency wherein the governor has called out any of the military forces, the governor may by order extend for not exceeding the duration of the emergency and 60 days thereafter the period of any enlistment in the forces called out which would otherwise expire.
Except as otherwise provided by federal law or regulation for the National Guard, every person enlisting in the military forces shall sign an enlistment contract in the form prescribed by the adjutant general, and shall subscribe to the following oath or affirmation: "I hereby acknowledge to have voluntarily enlisted this .......... day of .......... ......., as a soldier in the .......... for the period of three (or one) year .... under the conditions prescribed by law, unless sooner discharged by proper authority. And I do solemnly swear that I will bear true faith and allegiance to the United States of America and the state of Minnesota; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States and of the governor of the state of Minnesota and the officers appointed over me, according to law and the Uniform Code of Military Justice"; provided, that the words "the President of the United States and of" shall be omitted in the case of persons enlisting in forces not subject to federal service.
No civil association, society, club, post, order, fraternity, fraternal organization, union, league, or other organized body shall be enlisted in the military forces as a unit.
Any officer of the Minnesota National Guard or any commissioned officer of a regular or reserve component of the armed forces of the United States may administer the oath or affirmation of enlistment to a person enlisting in the Minnesota National Guard.
192A.625 COMPLAINTS OF WRONGS.
Any member of the state military forces having a belief of being wronged by a commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the governor or adjutant general.
192A.65 IMMUNITY FOR ACTION OF MILITARY COURTS.
No accused or convicted member of the state military forces may bring an action or proceeding against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition, or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court.
192A.665 UNIFORMITY OF INTERPRETATION.
This chapter shall be so construed as to effectuate its general purpose and, so far as practical, to make these laws uniform with the law of the United States.
192.23 SERVICE MEDALS.
(a) The commander-in-chief may, by general order, provide a suitable mark of distinction for all officers and enlisted members who have served in the military forces of the state for an aggregate period of three, five, ten, 15, and 20 years, respectively, and for like service thereafter; and medals to be awarded for valor, for distinguished service, and for good conduct.
(b) The commander-in-chief may authorize and prescribe regulations for the issuance of suitable marks of distinction to be awarded to:
(1) officers and enlisted members who have served in the military forces of the state during periods of war or other declared emergencies, provided that these shall not be awarded for service for which service medals or bars are authorized by federal authority; and
(2) nonmembers of the military forces of the state for distinguished service or support to the military forces of the state.
197.04 COMPOSITION OF FUND.
The state soldiers' assistance fund shall consist of all sums paid to or received by the commissioner of veterans affairs under the provisions of sections 197.03 to 197.07 and of any and all moneys and properties that may be appropriated, donated, given, bequeathed, or devised to the state soldiers' assistance fund or to the commissioner of veterans affairs for the benefit of the fund.
192A.66 DELEGATION OF AUTHORITY BY GOVERNOR.
The authority vested in the governor under this code may be delegated or subdelegated.
198.001 DEFINITIONS.
For the purposes of this chapter, the terms defined in this section have the meanings given them.
"Resident" means a person admitted to any of the Minnesota veterans homes.
[Repealed, 1975 c 61 s 26]
"Administrator" means an administrator of any of the Minnesota veterans homes.
"Commissioner" means the commissioner of veterans affairs.
[Repealed, 2008 c 297 art 2 s 30]
[Repealed, 2004 c 219 s 7]
"Home" means any of the Minnesota veterans homes.
[Repealed, 2008 c 297 art 2 s 30]
192.26 STATE AND MUNICIPAL OFFICERS AND EMPLOYEES NOT TO LOSE PAY WHILE ON AUTHORIZED LEAVE FOR MILITARY DUTY.
Subject to the conditions hereinafter prescribed, any officer or employee of the state or of any political subdivision, municipal corporation, or other public agency of the state who shall be a member of the National Guard, or any other component of the militia of the state now or hereafter organized or constituted under state or federal law, or who shall be a member of the officers' reserve corps, the enlisted reserve corps, the Naval Reserve, the Marine Corps reserve, or any other reserve component of the military or naval forces of the United States now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from the public office or employment without loss of pay, seniority status, efficiency rating, vacation, sick leave, or other benefits for all the time when engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, but not exceeding a total of 15 days in any calendar year. The state or political subdivision, municipal corporation, or other public agency shall allow the officer or employee to choose when during the calendar year to take the 15 days of paid military leave. The officer or employee may choose to use all of the 15 days of paid military leave at one time or, in the alternative, the 15 days of paid military leave may be divided and taken throughout the calendar year at the discretion of the officer or employee. Such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the officer or employee (1) returns to the public position immediately on being relieved from such military or naval service and not later than the expiration of the time herein limited for such leave, or (2) is prevented from so returning by physical or mental disability or other cause not due to the officer's or employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave.
[Repealed, 1963 c 658 s 20]
192.25 EXEMPTION FROM PROCESS; TRANSFER TO CIVIL AUTHORITIES.
No member of the guard shall be arrested, or served with any summons, order, warrant or other civil process after having been ordered to any duty or while going to, attending or returning from any place to which the member is required to go for military duty; but nothing herein shall prevent an arrest by order of a military officer or for a felony or breach of the peace committed while not in the actual performance of assigned duties. The articles of equipment personally owned by such members shall be exempt from seizure or sale for debt.
When probable cause exists that a criminal offense, other than a crime designated as a purely military offense in section 192A.021, has been committed by any officer or enlisted member of the military forces while on duty status other than federal duty, the officer or enlisted member may be turned over by superior officers to the proper civil authorities of the county or municipality in which the offense occurred for adjudication of such crime, to include imposition of pretrial restraint, but 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.