First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-1021.02 Conrad Imel x2313
SENATE BILL 25-279
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
C
ONCERNING UPDATES TO THE "COLORADO CODE OF MILITARY101
J
USTICE".102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill incorporates the federal "Uniform Code of Military
Justice" (federal code) into the "Colorado Code of Military Justice" (state
code), including specifically the punitive articles and general article of the
federal code, which describe punishable offenses, and the statute of
limitations that applies to charges brought pursuant to the state code. The
bill repeals sections of the state code that are duplicative of the
SENATE SPONSORSHIP
Ball and Pelton B., Roberts
HOUSE SPONSORSHIP
Duran and Hartsook,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. incorporated federal code.
Additionally, the bill:
! Applies the state code to a member of the state military
forces (member) at all times, except when the member is
ordered to active federal service pursuant to title 10 of the
United States Code;
! Clarifies a commanding officer's authority to impose
nonjudicial punishment under the state code;
! Makes changes to the procedures that govern, punitive
authority of, and review of the decisions of courts-martial;
! Repeals courts of inquiry from the state code; and
! If concurrent civilian and military jurisdiction exists over
the same offense and a district attorney has filed felony
charges against a member for the offense, requires the state
military forces to defer felony prosecution of the member
to the district attorney.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 28-3.1-102, add2
(21.5) as follows:3
28-3.1-102. Definitions. As used in this article 3.1, unless the4
context otherwise requires:5
(21.5) "U
NIFORM CODE OF MILITARY JUSTICE" MEANS THE6
FEDERAL "UNIFORM CODE OF MILITARY JUSTICE", 10 U.S.C. SEC. 801 ET7
SEQ.8
SECTION 2. In Colorado Revised Statutes, add 28-3.1-102.5 as9
follows:10
28-3.1-102.5. Construction of code - incorporation of federal11
"Uniform Code of Military Justice" - references to regulations -12
legislative intent. (1) T
HE GENERAL ASSEMBLY INTENDS THAT THE STATE13
MILITARY FORCES BE REGULATED IN A MANNER CONSISTENT WITH THE14
REGULATION OF THE ARMED FORCES OF THE UNITED STATES AND THAT15
THE "COLORADO CODE OF MILITARY JUSTICE" ENACTED IN THIS ARTICLE16
SB25-279-2- 3.1 BE CONSTRUED CONSISTENT WITH THIS PURPOSE .1
(2) (a) T
HE FEDERAL "UNIFORM CODE OF MILITARY JUSTICE",2
FEDERAL RULES ADOPTED PURS UANT TO THE FEDERAL "UNIFORM CODE OF3
M
ILITARY JUSTICE", AND THE MANUAL FOR COURTS -MARTIAL UNITED4
S
TATES PUBLISHED BY THE FEDERAL DEPARTMENT OF DEFENSE ARE5
INCORPORATED INTO THE "COLORADO CODE OF MILITARY JUSTICE", THIS6
ARTICLE 3.1, AND GOVERN AND ARE APPLICABLE TO THE STATE MILITARY7
FORCES, INCLUDING THE COLORADO NATIONAL GUARD, EXCEPT AS8
OTHERWISE PROVIDED IN THIS ARTICLE 3.1 AND REGULATIONS ADOPTED9
BY THE GOVERNOR.10
(b) F
OR THE PURPOSES OF THIS ARTICLE 3.1, REFERENCES IN THE11
FEDERAL "UNIFORM CODE OF MILITARY JUSTICE", FEDERAL RULES12
ADOPTED PURSUANT TO THE "UNIFORM CODE OF MILITARY JUSTICE", AND13
THE MANUAL FOR COURTS-MARTIAL UNITED STATES TO:14
(I) T
HE PRESIDENT OF THE UNITED STATES MEANS THE GOVERNOR,15
AND THE DUTIES, FUNCTIONS, AND AUTHORITY OF THE PRESIDENT ARE16
ATTRIBUTABLE TO THE GOVERNOR ;17
(II) T
HE SECRETARY OR SECRETARY CONCERNED MEANS THE18
ADJUTANT GENERAL OF THIS STATE , AND THE DUTIES, FUNCTIONS, AND19
AUTHORITY OF THE SECRETARY OR SECRETARY CONCERNED ARE20
ATTRIBUTABLE TO THE ADJUTANT GENERAL ; AND21
(III) T
HE ARMED FORCES, THE ARMY OF THE UNITED STATES, THE22
U
NITED STATES AIR FORCE, OR SIMILAR MILITARY ORGANIZATIONS23
INCLUDES MILITARY, MILITARY FORCES, THE MILITARY SERVICES, AND24
STATE MILITARY FORCES.25
(3) R
EFERENCES IN THIS ARTICLE 3.1 TO THE GOVERNOR 'S26
REGULATIONS INCLUDE REGULATIONS PREPARED BY THE ADJUTANT27
SB25-279
-3- GENERAL AND APPROVED BY THE GOVERNOR PURSUANT TO SECTION1
28-3-106 (1)(j).2
SECTION 3. In Colorado Revised Statutes, amend 28-3.1-1033
as follows:4
28-3.1-103. Persons subject to this code. This code applies to all5
members of the state military forces
AT ALL TIMES; EXCEPT THAT THIS6
CODE DOES NOT APPLY TO A MEMBER OF THE STATE MILITARY FORCES7
WHILE ORDERED TO ACTIVE FEDERAL SERVICE PURSUANT TO TITLE 10 OF8
THE UNITED STATES CODE.9
SECTION 4. In Colorado Revised Statutes, 28-3.1-114, amend10
(1), (2) introductory portion, (2)(a) introductory portion, (2)(a)(III),11
(2)(a)(IV), (2)(a)(V), (2)(b) introductory portion, (2)(b)(IV), (2)(b)(V),12
(4.4), and (4.7); repeal (2)(a)(I), (2)(b)(I), and (2.5); and add (2)(a)(VI),13
(2)(b)(VI), and (2)(b)(VII) as follows:14
28-3.1-114. Commanding officer's nonjudicial punishment.15
(1) (a) Punishment may be imposed for any offense cognizable by a16
court-martial upon any member of the state military forces under this17
section. Under such regulations as
The governor may, BY REGULATION,18
prescribe limitations may be placed on the powers granted by IN this19
section with respect to:20
(I) The kind and amount of punishment authorized,
THE21
SUSPENSION OF PUNISHMENT, and the levels of commanding officers and22
warrant officers exercising command authorized to exercise those powers;23
AND24
(II) T
HE KINDS OF COURTS-MARTIAL TO WHICH A CASE MAY BE25
REFERRED UPON A DEMAND FOR A TRIAL BY COURT -MARTIAL BY THE26
ACCUSED MEMBER OF THE STATE MILITARY FORCES .27
SB25-279
-4- (b) EXCEPT IN THE CASE OF THE IMPOSITION OF FINES UPON1
OFFICERS AND WARRANT OFFICERS , PUNISHMENT MUST NOT BE IMPOSED2
UPON A MEMBER OF THE STATE MILITARY FORCES PURSUANT TO THIS3
SECTION IF THE MEMBER HAS, BEFORE THE IMPOSITION OF PUNISHMENT ,4
DEMANDED TRIAL BY COURT -MARTIAL IN LIEU OF PUNISHMENT.5
(c) If authorized by regulations of the governor, the governor or6
an officer of general rank in command A COMMANDING OFFICER WHO ,7
PURSUANT TO THIS CODE , IS AUTHORIZED TO EXERCISE GENERAL8
COURT-MARTIAL JURISDICTION OR AN OFFICER OF GENERAL RANK IN9
COMMAND may delegate his or her THE OFFICER'S powers under10
PURSUANT TO this section to a principal assistant. If subject to disciplinary11
punishment, the accused must be afforded the opportunity to be12
represented by defense counsel having the qualifications prescribed under13
section 28-3.1-102 (10), if available. Otherwise, the accused must be14
afforded the opportunity to be represented by any available commissioned15
officer of his or her choice. The accused may also employ civilian counsel16
of his or her own choosing at his or her own expense. In all proceedings,17
the accused is allowed three duty days, or longer on written justification,18
to reply to the notification of intent to impose punishment under this19
section.20
(2) Subject to subsection (1) of this section, any A commanding21
officer may, in addition to or in lieu of admonition or
PUNITIVE22
reprimand, impose one or more of the following disciplinary punishments23
without the intervention of a court-martial:24
(a) Upon an
A COMMISSIONED OR WARRANT officer of his or her25
THE COMMANDING OFFICER 'S command:26
(I) Withholding of privileges for not more than two weeks, which27
SB25-279
-5- need not be consecutive;1
(III) If imposed by the governor, the adjutant general, or a2
commanding officer of the Army or National Guard, A fine or forfeiture3
of pay and allowance ALLOWANCES of not more than the amount of pay4
and allowance ALLOWANCES received for two FOUR unit training5
assemblies or two FOUR days of annual training, whichever is applicable6
according to duty status;7
(IV) An admonition; or8
(V) A reprimand;
OR9
(VI) I
F IMPOSED BY A COMMANDING OFFICER WHO HAS THE10
AUTHORITY TO EXERCISE GENERAL COURT -MARTIAL JURISDICTION OR AN11
OFFICER OF GENERAL OR FLAG RANK IN COMMAND :12
(A) A
RREST IN QUARTERS FOR NOT MORE THAN THIRTY13
CONSECUTIVE DAYS; OR14
(B) R
ESTRICTION TO CERTAIN SPECIFIED LIMITS, WITH OR WITHOUT15
SUSPENSION FROM DUTY , FOR NOT MORE THAN THIRTY CONSECUTIVE16
DAYS;17
(b) Upon other military personnel of his or her
THE COMMANDING18
OFFICER'S command:19
(I) Withholding of privileges for not more than two weeks, which20
need not be consecutive;21
(IV) Reduction to next inferior grade if the grade from which he22
or she was demoted was established by the command or an equivalent or23
lower command; or IN RANK, AS AUTHORIZED BY REGULATIONS ADOPTED24
BY THE GOVERNOR;25
(V) A fine of any amount up to the maximum pay and allowances26
received for two OR FORFEITURE OF PAY AND ALLOWANCES OF NOT MORE27
SB25-279
-6- THAN FOUR unit training assemblies or two FOUR days of annual training,1
whichever is applicable according to duty status;2
(VI) A
N ADMONITION; OR3
(VII) A
REPRIMAND.4
(2.5) If the commanding officer is of field grade, grade of O-4 or
5
rank of major or above, he or she may impose on an enlisted member any6
one or a combination of the following disciplinary punishments without7
the intervention of a court-martial:8
(a) Any of the punishments stated in subsections (2)(b)(I) to9
(2)(b)(III) of this section;10
(b) A fine of any amount up to the maximum pay and allowances11
received for two unit training assemblies or two days of annual training,12
whichever is applicable according to duty status;13
(c) Reduction to the lowest or any intermediate pay grade, if the14
current grade from which he or she is demoted is within the promotion15
authority of the officer imposing the reduction or an officer subordinate16
to the one imposing the reduction, but enlisted members in military grades17
above E-4 may not be reduced by more than two military grades.18
(4.4) Maximum allowable punishments, of withholding of19
privileges, restrictions, and extra duties may MUST not be combined to run20
consecutively.21
(4.7) The officer who imposes the punishment pursuant to this22
section, or the successor in command, may, at any time, suspend, set23
aside, mitigate, or remit any part or amount of the punishment and restore24
all rights, privileges, and property affected. The officer also may:25
(a) Mitigate reduction in grade to forfeiture of pay;26
(b) Mitigate arrest in quarters to restriction; or27
SB25-279
-7- (c) Mitigate extra duties to restriction.1
SECTION 5. In Colorado Revised Statutes, 28-3.1-201, amend2
(2)(b) as follows:3
28-3.1-201. Courts-martial - jurisdiction - composition.4
(2) The three kinds of courts-martial are:5
(b) Special courts-martial,
WHICH ARE EITHER OF THE FOLLOWING6
TYPES:7
(I) A
SPECIAL COURT-MARTIAL consisting of a military judge and8
not less than three members. or
A SPECIAL COURT-MARTIAL CONSISTING9
OF A MILITARY JUDGE AND NOT LESS THAN THREE MEMBERS AS DESCRIBED10
IN THIS SUBSECTION (2)(b)(I) IS SUBJECT TO SECTION 28-3.1-204 (2)(a)(I)11
AND (2)(b) AND ANY LIMITATIONS PRESCRIBED IN REGULATION .12
(II) A
SPECIAL COURT-MARTIAL consisting of only a military13
judge, if the accused so requests under the same conditions as those14
prescribed in paragraph (a) of this subsection (2)
SUBSECTION (2)(a) OF15
THIS SECTION OR IF THE CASE IS SO REFERRED BY THE CONVENING16
AUTHORITY. A SPECIAL COURT-MARTIAL CONSISTING OF ONLY A MILITARY17
JUDGE AS DESCRIBED IN THIS SUBSECTION (2)(b)(II) IS SUBJECT TO18
SECTION 28-3.1-204 (2)(a)(II) AND (2)(b) AND ANY LIMITATIONS19
PRESCRIBED IN REGULATION.20
SECTION 6. In Colorado Revised Statutes, 28-3.1-203, amend21
(1) introductory portion, (1)(a), (1)(e), and (1)(f) as follows:22
28-3.1-203. Jurisdiction of general courts-martial. (1) General23
courts-martial have jurisdiction to try persons subject to this code for any24
AN offense punishable under this code and may adjudge any of the25
following punishments:26
(a) Confinement for not more than two FIVE years, unless27
SB25-279
-8- otherwise specified in this code;1
(e) Dismissal, or dishonorable discharge, OR BAD CONDUCT2
DISCHARGE;3
(f) Reduction of a noncommissioned officer ENLISTED PERSONNEL4
to any inferior grade; or5
SECTION 7. In Colorado Revised Statutes, amend 28-3.1-2046
as follows:7
28-3.1-204. Jurisdiction of special courts-martial.8
(1) N
OTWITHSTANDING SECTION 16-10-101, special courts-martial have9
jurisdiction to try any
A person subject to this code for any AN offense10
punishable under this code,
EXCEPT FOR CONDUCT THAT CONSTITUTES AN11
OFFENSE DESCRIBED IN ARTICLE 120 (a), 120 (b), 120b (a), OR 120b (b) OF12
THE FEDERAL "UNIFORM CODE OF MILITARY JUSTICE", 10 U.S.C. SEC. 92013
(a)
AND (b) AND 10 U.S.C. SEC. 920b (a) AND (b).14
(2) A special court-martial has the same powers of punishment as15
a general court-martial,
INCLUDING THE AUTHORITY TO ORDER A BAD16
CONDUCT DISCHARGE; except that:17
(a) (I) confinement may not be more than ninety days and
A18
SPECIAL COURT-MARTIAL THAT DOES NOT CONSIST OF A MILITARY JUDGE19
ALONE, AS DESCRIBED IN SECTION 28-3.1-201 (2)(b)(I), SHALL NOT IMPOSE20
CONFINEMENT FOR MORE THAN ONE HUNDRED EIGHTY DAYS AND SHALL21
NOT ORDER A DISMISSAL OR DISHONORABLE DISCHARGE ; AND22
(II) A
SPECIAL COURT-MARTIAL THAT CONSISTS OF A MILITARY23
JUDGE ALONE PURSUANT TO SECTION 28-3.1-201 (2)(b)(II) SHALL NOT24
IMPOSE CONFINEMENT FOR MORE THAN NINETY DAYS AND SHALL NOT25
ORDER A DISMISSAL OR DISHONORABLE DISCHARGE ; AND26
(b) The fine or forfeiture of pay and allowances imposed by a27
SB25-279
-9- special court-martial may MUST not be more than the maximum pay and1
allowances received for six unit training assemblies or six days of annual2
training, whichever is applicable according to duty status.3
SECTION 8. In Colorado Revised Statutes, 28-3.1-205, amend4
(1) as follows:5
28-3.1-205. Jurisdiction of summary courts-martial.6
(1) (a) Summary courts-martial have jurisdiction to try any A person7
subject to this code, except commissioned officers, warrant officers,8
cadets, and candidates, AND A PERSON WHO OBJECTS TO TRIAL BY9
SUMMARY COURT-MARTIAL AS DESCRIBED IN SUBSECTION (1)(b) OF THIS10
SECTION, for any offense made punishable under this code, EXCEPT FOR11
CONDUCT THAT CONSTITUTES AN OFFENSE DESCRIBED IN ARTICLE 120 (a),12
120 (b), 120b (a),
OR 120b (b) OF THE FEDERAL "UNIFORM CODE OF13
M
ILITARY JUSTICE", 10 U.S.C. SEC. 920 (a) AND (b) AND 10 U.S.C. SEC.14
920b (a)
AND (b).15
(b) A
N ACCUSED PERSON MAY OBJECT TO TRIAL BY A SUMMARY16
COURT-MARTIAL. IF AN ACCUSED PERSON OBJECTS , A SUMMARY17
COURT-MARTIAL SHALL NOT TRY THE PERSON AND THE CONVENING18
AUTHORITY, OR OFFICER TO WHOM THE CASE IS REFERRED BY THE19
CONVENING AUTHORITY, SHALL ORDER THE ACCUSED TRIED BY A GENERAL20
COURT-MARTIAL OR SPECIAL COURT-MARTIAL, AS APPROPRIATE.21
SECTION 9. In Colorado Revised Statutes, 28-3.1-213, amend22
(3) as follows:23
28-3.1-213. Absent and additional members. (3) E
XCEPT FOR24
A LAWFULLY CONVENED SPECIAL COURT -MARTIAL THAT CONSISTS OF A25
MILITARY JUDGE ALONE, AS DESCRIBED IN SECTION 28-3.1-201 (2)(b)(II),26
whenever a special court-martial is reduced below
TO FEWER THAN three27
SB25-279
-10- members, the trial may MUST not proceed unless the convening authority1
appoints new members sufficient in number to provide not less than AT2
LEAST three members. When the new members have been sworn, the trial3
may proceed as if no evidence has WAS previously been introduced,4
unless a verbatim record of the testimony of previously examined5
witnesses or a stipulation thereof is read to the court in the presence of the6
accused and counsel.7
SECTION 10. In Colorado Revised Statutes, amend 28-3.1-3018
as follows:9
28-3.1-301. General procedures. The procedure GOVERNOR MAY10
PRESCRIBE, BY REGULATION , PRETRIAL, TRIAL, AND POST-TRIAL11
PROCEDURES, including modes of proof, in cases before military courts12
and other military tribunals. may be prescribed by the governor by13
regulation and shall THE PROCEDURES, so far as practicable, MUST be the14
principles of law and the rules of evidence generally recognized in the15
trial of criminal cases in the courts of Colorado and in the trial of16
courts-martial of the United States, but such procedure may THE17
PROCEDURES MUST not be contrary to or inconsistent with this code.18
SECTION 11. In Colorado Revised Statutes, 28-3.1-306, add (3)19
as follows:20
28-3.1-306. Challenges. (3) I
F THE EXERCISE OF A PEREMPTORY21
CHALLENGE OR CHALLENGE FOR CAUSE REDUCES THE NUMBER OF22
MEMBERS TO FEWER THAN THE REQUIRED NUMBER OF MEMBERS FOR THE23
COURT-MARTIAL AS DESCRIBED IN SECTION 28-1.3-213, THE CONVENING24
AUTHORITY SHALL APPOINT NEW MEMBERS TO THE COURT -MARTIAL25
PURSUANT TO SECTION 28-1.3-213.26
SECTION 12. In Colorado Revised Statutes, repeal and reenact,27
SB25-279
-11- with amendments, 28-3.1-308 as follows:1
28-3.1-308. Statute of limitations. T
HE STATUTE OF LIMITATIONS2
TO BRING CHARGES FOR AN OFFENSE PURSUANT TO THIS ARTICLE 3.1 IS THE3
SAME AS IN THE FEDERAL "UNIFORM CODE OF MILITARY JUSTICE".4
SECTION 13. In Colorado Revised Statutes, amend 28-3.1-4075
as follows:6
28-3.1-407. Initial action on the record by convening authority7
- staff judge advocate review. (1) After a trial by court-martial, the8
record shall be forwarded
MILITARY JUDGE WHO PRESIDED OVER THE9
COURT-MARTIAL SHALL FORWARD THE RECORD OF THE COURT -MARTIAL10
to the convening authority. as reviewing authority, and action thereon11
may be taken by the person who convened the court, a commissioned12
officer commanding for the time being, a successor in command, or the13
governor. The reviewer may approve the sentence or such part, amount,14
or commuted form of the sentence as he or she sees fit and may suspend15
or defer the execution of the sentence. UPON RECEIPT OF THE RECORD OF16
THE COURT-MARTIAL, THE CONVENING AUTHORITY SHALL FORWARD THE17
RECORD TO THE STAFF JUDGE ADVOCATE DESIGNATED BY THE STATE18
JUDGE ADVOCATE GENERAL .19
(2) T
HE STAFF JUDGE ADVOCATE SHALL REVIEW THE RECORD AND20
SUBMIT A WRITTEN OPINION TO THE CONVENING AUTHORITY . THE STAFF21
JUDGE ADVOCATE'S OPINION MUST INCLUDE:22
(a) C
ONCLUSIONS ABOUT WHETHER :23
(I) T
HE COURT-MARTIAL HAD JURISDICTION OVER THE ACCUSED ;24
(II) T
HE CHARGE AND SPECIFICATION STATED AN OFFENSE ; AND25
(III) T
HE SENTENCE WAS WITHIN THE LIMITS PRESCRIBED AS A26
MATTER OF LAW;27
SB25-279
-12- (b) IF THE ACCUSED MAKES ALLEGATIONS IN WRITING , A RESPONSE1
TO EACH ALLEGATION OF ERROR MADE IN WRITING BY THE ACCUSED ; AND2
(c) I
N AN OPINION ABOUT THE FINDINGS OF A SUMMARY3
COURT-MARTIAL, ADVICE TO THE C ONVENING AUTHORITY ON THE4
SUFFICIENCY OF THE EVIDENCE AS TO EACH FINDING MADE BY THE5
SUMMARY COURT-MARTIAL.6
(3) A
CONVENING AUTHORITY SHALL NOT ACT ON THE FINDINGS OF7
OR SENTENCE IMPOSED BY A COURT -MARTIAL BEFORE THE STAFF JUDGE8
ADVOCATE REVIEW.9
(4) (a) A
FTER RECEIVING THE STAFF JUDGE ADVOCATE 'S WRITTEN10
OPINION DESCRIBED IN SUBSECTION (2) OF THIS SECTION, THE CONVENING11
AUTHORITY OF A GENERAL COURT -MARTIAL OR A SPECIAL12
COURT-MARTIAL:13
(I) S
HALL NOT ACT ON THE FINDINGS OF THE COURT-MARTIAL; AND14
(II) M
AY ACT AS DESCRIBED IN SUBSECTION (4)(b) OF THIS15
SECTION ON THE SENTENCE OF THE COURT -MARTIAL IF:16
(A) T
HE TOTAL PERIOD OF A SENTENCE TO CONFINEMENT IMPOSED17
FOR ALL OFFENSES INVOLVED, RUNNING CONSECUTIVELY, IS LESS THAN18
ONE HUNDRED EIGHTY DAYS ; AND19
(B) T
HE COURT-MARTIAL DID NOT IMPOSE A SENTENCE OF20
DISMISSAL OR DISHONORABLE DISCHARGE .21
(b) A
CONVENING AUTHORITY ACTING ON A SENTENCE IMPOSED BY22
A COURT-MARTIAL PURSUANT TO SUBSECTION (4)(a)(II) OF THIS SECTION23
MAY:24
(I) A
PPROVE THE COURT-MARTIAL'S SENTENCE;25
(II) D
ISAPPROVE, COMMUTE, OR SUSPEND THE COURT-MARTIAL'S26
SENTENCE, IN WHOLE OR IN PART; OR27
SB25-279
-13- (III) DISAPPROVE THE COURT-MARTIAL'S SENTENCE AND ORDER A1
REHEARING ON THE SENTENCE .2
(c) A
FTER APPROPRIATE STAFF JUDGE ADVOCATE REVIEW , THE3
CONVENING AUTHORITY OF A SUMMARY COURT -MARTIAL MAY:4
(I) A
PPROVE THE COURT-MARTIAL'S FINDINGS AND SENTENCE;5
(II) D
ISMISS ANY CHARGE OR SPECIFICATION BY SETTING ASIDE6
THE FINDING OF GUILTY;7
(III) C
HANGE THE COURT-MARTIAL'S FINDING OF GUILTY OF THE8
CHARGE OR SPECIFICATION TO A FINDING OF GUILTY OF A LESSER9
INCLUDED OFFENSE;10
(IV) D
ISAPPROVE THE COURT-MARTIAL'S FINDINGS AND SENTENCE11
AND DISMISS THE CHARGE AND SPECIFICATION ;12
(V) D
ISAPPROVE THE COURT-MARTIAL'S FINDINGS AND SENTENCE13
AND ORDER A REHEARING ON THE FINDINGS AND SENTENCE ;14
(VI) D
ISAPPROVE, COMMUTE, OR SUSPEND THE COURT-MARTIAL'S15
SENTENCE, IN WHOLE OR IN PART; OR16
(VII) D
ISAPPROVE THE COURT-MARTIAL'S SENTENCE AND ORDER17
A REHEARING AS TO THE SENTENCE.18
(5) I
F, PURSUANT TO THIS SECTION, THE CONVENING AUTHORITY19
REDUCES, COMMUTES, OR SUSPENDS THE SENTENCE, THE DECISION OF THE20
CONVENING AUTHORITY MUST INCLUDE A WRITTEN EXPLANATION OF THE21
REASONS FOR THE ACTION.22
(6) T
HE CONVENING AUTHORITY SHALL FORWARD ITS FINAL23
DECISION TO THE MILITARY JUDGE WHO PRESIDED OVER THE24
COURT-MARTIAL AND PROVIDE COPIES OF THE DECISION TO THE ACCUSED25
AND TO ANY VICTIM OF THE OFFENSE . THE MILITARY JUDGE SHALL26
INCORPORATE THE CONVENING AUTHORITY 'S FINAL DECISION INTO THE27
SB25-279
-14- RECORD.1
SECTION 14. In Colorado Revised Statutes, 28-3.1-421, amend2
(1) introductory portion as follows:3
28-3.1-421. Appeal by the state. (1) In a trial by court-martial4
or in a trial by military judge only pursuant to section 28-3.1-316 (4) in5
which a punitive discharge may be adjudged, The state may SHALL not6
appeal a finding of not guilty with respect to the A charge or specification.7
In a trial by court-martial in which a punitive discharge may be adjudged,8
the state may appeal the following:9
SECTION 15. In Colorado Revised Statutes, repeal and reenact,10
with amendments, part 5 of article 3.1 of title 28 as follows:11
PART 512
PUNITIVE ARTICLES13
28-3.1-501. Punitive articles of the federal "Uniform Code of14
Military Justice" incorporated. P
URSUANT TO SECTION 28-3.1-102.5,15
THE PUNITIVE ARTICLES, 10 U.S.C. SECS. 877 TO 933, AND THE GENERAL16
ARTICLE, 10 U.S.C. SEC. 934, OF THE FEDERAL "UNIFORM CODE OF17
M
ILITARY JUSTICE" ARE INCORPORATED INTO THE "COLORADO CODE OF18
M
ILITARY JUSTICE", THIS ARTICLE 3.1; EXCEPT THAT THE MAXIMUM19
PUNISHMENTS AND CLASSIFICATIONS OF OFFENSES SET FORTH IN SECTIONS20
28-3.1-402
AND 28-3.1-402.5 APPLY TO CONVICTIONS PURSUANT TO THIS21
ARTICLE 3.1.22
SECTION 16. In Colorado Revised Statutes, add 28-3.1-606.523
as follows:24
28-3.1-606.5. Concurrent jurisdiction with civil authorities. I
F25
CONCURRENT CIVILIAN AND MILITARY JURISDICTION EXISTS TO PROSECUTE26
THE SAME OFFENSE ALLEGEDLY COMMITTED BY A MEMBER OF THE STATE27
SB25-279
-15- MILITARY FORCES, AND A DISTRICT ATTORNEY WITH JURISDICTION TO1
PROSECUTE THE OFFENSE HAS FILED FELONY CHARGES AGAINST THE2
MEMBER PURSUANT TO STATE LAW , THE STATE MILITARY FORCES SHALL3
DEFER PROSECUTION OF THE OFFENSE OTHERWISE SUBJECT TO THIS CODE4
TO THE DISTRICT ATTORNEY . IF A DISTRICT ATTORNEY DECLINES TO5
PURSUE FELONY CHARGES , DISMISSES CHARGES WITHOUT TRIAL , OR6
OTHERWISE FAILS TO PROSECUTE, A COURT-MARTIAL MAY BE CONVENED7
AGAINST THE MEMBER IN ACCORDANCE WITH THIS CODE .8
SECTION 17. In Colorado Revised Statutes, repeal 28-3.1-111,9
28-3.1-112, 28-3.1-113, 28-3.1-214, 28-3.1-215, 28-3.1-216, 28-3.1-217,10
28-3.1-218, 28-3.1-219, 28-3.1-302, 28-3.1-304, 28-3.1-305, 28-3.1-307,11
28-3.1-309, 28-3.1-310, 28-3.1-314, 28-3.1-315, 28-3.1-316, 28-3.1-317,12
28-3.1-318, 28-3.1-319, 28-3.1-408, 28-3.1-409, 28-3.1-410, 28-3.1-411,13
28-3.1-412, 28-3.1-414, 28-3.1-415, 28-3.1-417, 28-3.1-418, 28-3.1-601,14
28-3.1-604, and 28-3.1-605.15
SECTION 18. Act subject to petition - effective date -16
applicability. (1) This act takes effect September 1, 2025; except that,17
if a referendum petition is filed pursuant to section 1 (3) of article V of18
the state constitution against this act or an item, section, or part of this act19
within the ninety-day period after final adjournment of the general20
assembly, then the act, item, section, or part will not take effect unless21
approved by the people at the general election to be held in November22
2026 and, in such case, will take effect on the date of the official23
declaration of the vote thereon by the governor.24
(2) This act applies to offenses committed on or after the25
applicable effective date of this act.26
SB25-279
-16-