First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
April 11, 2025
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
(14.3) and
(21.5) as follows:3
28-3.1-102. Definitions. As used in this article 3.1, unless the4
context otherwise requires:5
(14.3) "N
ATIONAL GUARD" MEANS THE ARMY NATIONAL GUARD,
6
THE AIR NATIONAL GUARD, AND ANY OTHER COMPONENT CREATED OR7
AUTHORIZED UNDER THE LAWS OF THE UNITED STATES TO SERVE IN A8
SIMILAR MANNER PURSUANT TO TITLE 32 OF THE UNITED STATES CODE.9
(21.5) "U
NIFORM CODE OF MILITARY JUSTICE" MEANS THE10
FEDERAL "UNIFORM CODE OF MILITARY JUSTICE", 10 U.S.C. SEC. 801 ET11
SEQ.12
SECTION 2. In Colorado Revised Statutes, add 28-3.1-102.5 as13
follows:14
28-3.1-102.5. Construction of code - incorporation of federal15
"Uniform Code of Military Justice" - references to regulations -16
279-2- legislative intent. (1) T HE GENERAL ASSEMBLY INTENDS THAT THE STATE1
MILITARY FORCES BE REGULATED IN A MANNER CONSISTENT WITH THE2
REGULATION OF THE ARMED FORCES OF THE UNITED STATES AND THAT3
THE "COLORADO CODE OF MILITARY JUSTICE" ENACTED IN THIS ARTICLE4
3.1
BE CONSTRUED CONSISTENT WITH THIS PURPOSE .5
(2) (a) T
HE FEDERAL "UNIFORM CODE OF MILITARY JUSTICE",6
FEDERAL RULES ADOPTED PURSUANT TO THE FEDERAL "UNIFORM CODE OF7
M
ILITARY JUSTICE", AND THE MANUAL FOR COURTS -MARTIAL UNITED8
S
TATES PUBLISHED BY THE FEDERAL DEPARTMENT OF DEFENSE ARE9
INCORPORATED INTO THE "COLORADO CODE OF MILITARY JUSTICE", THIS10
ARTICLE 3.1, AND GOVERN AND ARE APPLICABLE TO THE STATE MILITARY11
FORCES, INCLUDING THE COLORADO NATIONAL GUARD, EXCEPT AS12
OTHERWISE PROVIDED IN THIS ARTICLE 3.1 AND REGULATIONS ADOPTED13
BY THE GOVERNOR.14
(b) F
OR THE PURPOSES OF THIS ARTICLE 3.1, REFERENCES IN THE15
FEDERAL "UNIFORM CODE OF MILITARY JUSTICE", FEDERAL RULES16
ADOPTED PURSUANT TO THE "UNIFORM CODE OF MILITARY JUSTICE", AND17
THE MANUAL FOR COURTS-MARTIAL UNITED STATES TO:18
(I) T
HE PRESIDENT OF THE UNITED STATES MEANS THE GOVERNOR ,19
AND THE DUTIES, FUNCTIONS, AND AUTHORITY OF THE PRESIDENT ARE20
ATTRIBUTABLE TO THE GOVERNOR ;21
(II) T
HE SECRETARY OR SECRETARY CONCERNED MEANS THE22
ADJUTANT GENERAL OF THIS STATE , AND THE DUTIES, FUNCTIONS, AND23
AUTHORITY OF THE SECRETARY OR SECRETARY CONCERNED ARE24
ATTRIBUTABLE TO THE ADJUTANT GENERAL ; AND25
(III) T
HE ARMED FORCES, THE ARMY OF THE UNITED STATES, THE26
U
NITED STATES AIR FORCE, OR SIMILAR MILITARY ORGANIZATIONS27
279
-3- INCLUDES MILITARY, MILITARY FORCES, THE MILITARY SERVICES, AND1
STATE MILITARY FORCES.2
(3) R
EFERENCES IN THIS ARTICLE 3.1 TO THE GOVERNOR 'S3
REGULATIONS INCLUDE REGULATIONS PREPARED BY THE ADJUTANT4
GENERAL AND APPROVED BY THE GOVERNOR PURSUANT TO SECTION5
28-3-106 (1)(j).6
SECTION 3. In Colorado Revised Statutes, amend 28-3.1-1037
as follows:8
28-3.1-103. Persons subject to this code. This code applies to all9
members of the state military forces
AT ALL TIMES; EXCEPT THAT THIS10
CODE DOES NOT APPLY TO A MEMBER OF THE STATE MILITARY FORCES11
WHILE ORDERED TO ACTIVE FEDERAL SERVICE PURSUANT TO TITLE 10 OF12
THE UNITED STATES CODE.13
SECTION 4. In Colorado Revised Statutes, 28-3.1-114, amend14
(1), (2) introductory portion, (2)(a) introductory portion, (2)(a)(III),15
(2)(a)(IV), (2)(a)(V), (2)(b) introductory portion, (2)(b)(IV), (2)(b)(V),16
(4.4), and (4.7); repeal (2)(a)(I), (2)(b)(I), and (2.5); and add (2)(a)(VI),17
(2)(b)(VI), and (2)(b)(VII) as follows:18
28-3.1-114. Commanding officer's nonjudicial punishment.19
(1) (a) Punishment may be imposed for any offense cognizable by a20
court-martial upon any member of the state military forces under this21
section. Under such regulations as
The governor may, BY REGULATION,22
prescribe limitations may be placed on the powers granted by IN this23
section with respect to:24
(I) The kind and amount of punishment authorized,
THE25
SUSPENSION OF PUNISHMENT, and the levels of commanding officers and26
warrant officers exercising command authorized to exercise those powers;27
279
-4- AND1
(II) T
HE KINDS OF COURTS-MARTIAL TO WHICH A CASE MAY BE2
REFERRED UPON A DEMAND FOR A TRIAL BY COURT -MARTIAL BY THE3
ACCUSED MEMBER OF THE STATE MILITARY FORCES .4
(b) E
XCEPT IN THE CASE OF THE IMPOSITION OF FINES UPON5
OFFICERS AND WARRANT OFFICERS , PUNISHMENT MUST NOT BE IMPOSED6
UPON A MEMBER OF THE STATE MILITARY FORCES PURSUANT TO THIS7
SECTION IF THE MEMBER HAS, BEFORE THE IMPOSITION OF PUNISHMENT ,8
DEMANDED TRIAL BY COURT -MARTIAL IN LIEU OF PUNISHMENT.9
(c) If authorized by regulations of the governor, the governor or
10
an officer of general rank in command A COMMANDING OFFICER WHO ,11
PURSUANT TO THIS CODE , IS AUTHORIZED TO EXERCISE GENERAL12
COURT-MARTIAL JURISDICTION OR AN OFFICER OF GENERAL RANK IN13
COMMAND may delegate his or her THE OFFICER'S powers under14
PURSUANT TO this section to a principal assistant. If subject to disciplinary15
punishment, the accused must be afforded the opportunity to be16
represented by defense counsel having the qualifications prescribed under17
section 28-3.1-102 (10), if available. Otherwise, the accused must be18
afforded the opportunity to be represented by any available commissioned19
officer of his or her choice. The accused may also employ civilian counsel20
of his or her own choosing at his or her own expense. In all proceedings,21
the accused is allowed three duty days, or longer on written justification,22
to reply to the notification of intent to impose punishment under this23
section.24
(2) Subject to subsection (1) of this section, any A commanding25
officer may, in addition to or in lieu of admonition or
PUNITIVE26
reprimand, impose one or more of the following disciplinary punishments27
279
-5- without the intervention of a court-martial:1
(a) Upon an A COMMISSIONED OR WARRANT officer of his or her2
THE COMMANDING OFFICER 'S command:3
(I) Withholding of privileges for not more than two weeks, which4
need not be consecutive;5
(III) If imposed by the governor, the adjutant general, or a6
commanding officer of the Army or National Guard, A fine or forfeiture7
of pay and allowance ALLOWANCES of not more than the amount of pay8
and allowance ALLOWANCES received for two FOUR unit training9
assemblies or two FOUR days of annual training, whichever is applicable10
according to duty status;11
(IV) An admonition; or12
(V) A reprimand;
OR13
(VI) I
F IMPOSED BY A COMMANDING OFFICER WHO HAS THE14
AUTHORITY TO EXERCISE GENERAL COURT -MARTIAL JURISDICTION OR AN15
OFFICER OF GENERAL OR FLAG RANK IN COMMAND :16
(A) A
RREST IN QUARTERS FOR NOT MORE THAN THIRTY17
CONSECUTIVE DAYS; OR18
(B) R
ESTRICTION TO CERTAIN SPECIFIED LIMITS, WITH OR WITHOUT19
SUSPENSION FROM DUTY , FOR NOT MORE THAN THIRTY CONSECUTIVE20
DAYS;21
(b) Upon other military personnel of his or her
THE COMMANDING22
OFFICER'S command:23
(I) Withholding of privileges for not more than two weeks, which24
need not be consecutive;25
(IV) Reduction to next inferior grade if the grade from which he26
or she was demoted was established by the command or an equivalent or27
279
-6- lower command; or IN RANK, AS AUTHORIZED BY REGULATIONS ADOPTED1
BY THE GOVERNOR;2
(V) A fine of any amount up to the maximum pay and allowances3
received for two OR FORFEITURE OF PAY AND ALLOWANCES OF NOT MORE4
THAN FOUR unit training assemblies or two FOUR days of annual training,5
whichever is applicable according to duty status;6
(VI) A
N ADMONITION; OR7
(VII) A
REPRIMAND.8
(2.5) If the commanding officer is of field grade, grade of O-4 or
9
rank of major or above, he or she may impose on an enlisted member any10
one or a combination of the following disciplinary punishments without11
the intervention of a court-martial:12
(a) Any of the punishments stated in subsections (2)(b)(I) to13
(2)(b)(III) of this section;14
(b) A fine of any amount up to the maximum pay and allowances15
received for two unit training assemblies or two days of annual training,16
whichever is applicable according to duty status;17
(c) Reduction to the lowest or any intermediate pay grade, if the18
current grade from which he or she is demoted is within the promotion19
authority of the officer imposing the reduction or an officer subordinate20
to the one imposing the reduction, but enlisted members in military grades21
above E-4 may not be reduced by more than two military grades.22
(4.4) Maximum allowable punishments, of withholding of23
privileges, restrictions, and extra duties may MUST not be combined to run24
consecutively.25
(4.7) The officer who imposes the punishment pursuant to this26
section, or the successor in command, may, at any time, suspend, set27
279
-7- aside, mitigate, or remit any part or amount of the punishment and restore1
all rights, privileges, and property affected. The officer also may:2
(a) Mitigate reduction in grade to forfeiture of pay;3
(b) Mitigate arrest in quarters to restriction; or4
(c) Mitigate extra duties to restriction.5
SECTION 5. In Colorado Revised Statutes, 28-3.1-201, amend6
(2)(b) as follows:7
28-3.1-201. Courts-martial - jurisdiction - composition.8
(2) The three kinds of courts-martial are:9
(b) Special courts-martial,
WHICH ARE EITHER OF THE FOLLOWING10
TYPES:11
(I) A
SPECIAL COURT-MARTIAL consisting of a military judge and12
not less than three members. or
A SPECIAL COURT-MARTIAL CONSISTING13
OF A MILITARY JUDGE AND NOT LESS THAN THREE MEMBERS AS DESCRIBED14
IN THIS SUBSECTION (2)(b)(I) IS SUBJECT TO SECTION 28-3.1-204 (2)(a)(I)15
AND (2)(b) AND ANY LIMITATIONS PRESCRIBED IN REGULATION .16
(II) A
SPECIAL COURT-MARTIAL consisting of only a military17
judge, if the accused so requests under the same conditions as those18
prescribed in paragraph (a) of this subsection (2)
SUBSECTION (2)(a) OF19
THIS SECTION OR IF THE CASE IS SO REFERRED BY THE CONVENING20
AUTHORITY. A SPECIAL COURT-MARTIAL CONSISTING OF ONLY A MILITARY21
JUDGE AS DESCRIBED IN THIS SUBSECTION (2)(b)(II) IS SUBJECT TO22
SECTION 28-3.1-204 (2)(a)(II) AND (2)(b) AND ANY LIMITATIONS23
PRESCRIBED IN REGULATION.24
SECTION 6. In Colorado Revised Statutes, 28-3.1-203, amend25
(1) introductory portion, (1)(a), (1)(e), and (1)(f) as follows:26
28-3.1-203. Jurisdiction of general courts-martial. (1) General27
279
-8- courts-martial have jurisdiction to try persons subject to this code for any1
AN offense punishable under this code and may adjudge any of the2
following punishments:3
(a) Confinement for not more than two FIVE years, unless4
otherwise specified in this code;5
(e) Dismissal, or dishonorable discharge, OR BAD CONDUCT6
DISCHARGE;7
(f) Reduction of a noncommissioned officer ENLISTED PERSONNEL8
to any inferior grade; or9
SECTION 7. In Colorado Revised Statutes, amend 28-3.1-20410
as follows:11
28-3.1-204. Jurisdiction of special courts-martial. (1) Special12
courts-martial have jurisdiction to try any A person subject to this code for13
any AN offense punishable under this code, EXCEPT FOR CONDUCT THAT14
CONSTITUTES AN OFFENSE DESCRIBED IN ARTICLE 120 (a), 120 (b), 120b15
(a),
OR 120b (b) OF THE FEDERAL "UNIFORM CODE OF MILITARY JUSTICE",16
10
U.S.C. SEC. 920 (a) AND (b) AND 10 U.S.C. SEC. 920b (a) AND (b).17
(2) A special court-martial has the same powers of punishment as18
a general court-martial,
INCLUDING THE AUTHORITY TO ORDER A BAD19
CONDUCT DISCHARGE; except that:20
(a) (I) confinement may not be more than ninety days and
A21
SPECIAL COURT-MARTIAL THAT DOES NOT CONSIST OF A MILITARY JUDGE22
ALONE, AS DESCRIBED IN SECTION 28-3.1-201 (2)(b)(I), SHALL NOT IMPOSE23
CONFINEMENT FOR MORE THAN ONE HUNDRED EIGHTY DAYS AND SHALL24
NOT ORDER A DISMISSAL OR DISHONORABLE DISCHARGE ; AND25
(II) A
SPECIAL COURT-MARTIAL THAT CONSISTS OF A MILITARY26
JUDGE ALONE PURSUANT TO SECTION 28-3.1-201 (2)(b)(II) SHALL NOT27
279
-9- IMPOSE CONFINEMENT FOR MORE THAN NINETY DAYS AND SHALL NOT1
ORDER A DISMISSAL OR DISHONORABLE DISCHARGE ; AND2
(b) The fine or forfeiture of pay and allowances imposed by a3
special court-martial may MUST not be more than the maximum pay and4
allowances received for six unit training assemblies or six days of annual5
training, whichever is applicable according to duty status.6
(3) N
OTWITHSTANDING SECTION 16-10-101, A SPECIAL
7
COURT-MARTIAL CONSISTING OF A JUDGE ALONE HAS THE AUTHORITY TO8
TRY CASES AND IMPOSE PUNISHMENTS AS SET FORTH IN THIS SECTION .9
SECTION 8. In Colorado Revised Statutes, 28-3.1-205, amend10
(1) as follows:11
28-3.1-205. Jurisdiction of summary courts-martial.12
(1) (a) Summary courts-martial have jurisdiction to try any A person13
subject to this code, except commissioned officers, warrant officers,14
cadets, and candidates, AND A PERSON WHO OBJECTS TO TRIAL BY15
SUMMARY COURT-MARTIAL AS DESCRIBED IN SUBSECTION (1)(b) OF THIS16
SECTION, for any offense made punishable under this code, EXCEPT FOR17
CONDUCT THAT CONSTITUTES AN OFFENSE DESCRIBED IN ARTICLE 120 (a),18
120 (b), 120b (a),
OR 120b (b) OF THE FEDERAL "UNIFORM CODE OF19
M
ILITARY JUSTICE", 10 U.S.C. SEC. 920 (a) AND (b) AND 10 U.S.C. SEC.20
920b (a)
AND (b).21
(b) A
N ACCUSED PERSON MAY OBJECT TO TRIAL BY A SUMMARY22
COURT-MARTIAL. IF AN ACCUSED PERSON OBJECTS , A SUMMARY23
COURT-MARTIAL SHALL NOT TRY THE PERSON AND THE CONVENING24
AUTHORITY, OR OFFICER TO WHOM THE CASE IS REFERRED BY THE25
CONVENING AUTHORITY, SHALL ORDER THE ACCUSED TRIED BY A GENERAL26
COURT-MARTIAL OR SPECIAL COURT-MARTIAL, AS APPROPRIATE.27
279
-10- SECTION 9. In Colorado Revised Statutes, 28-3.1-213, amend1
(3) as follows:2
28-3.1-213. Absent and additional members. (3) E
XCEPT FOR3
A LAWFULLY CONVENED SPECIAL COURT -MARTIAL THAT CONSISTS OF A4
MILITARY JUDGE ALONE, AS DESCRIBED IN SECTION 28-3.1-201 (2)(b)(II),5
whenever a special court-martial is reduced below
TO FEWER THAN three6
members, the trial may MUST not proceed unless the convening authority7
appoints new members sufficient in number to provide not less than AT8
LEAST three members. When the new members have been sworn, the trial9
may proceed as if no evidence has WAS previously been introduced,10
unless a verbatim record of the testimony of previously examined11
witnesses or a stipulation thereof is read to the court in the presence of the12
accused and counsel.13
SECTION 10. In Colorado Revised Statutes, amend 28-3.1-30114
as follows:15
28-3.1-301. General procedures. The procedure GOVERNOR MAY16
PRESCRIBE, BY REGULATION , PRETRIAL, TRIAL, AND POST-TRIAL17
PROCEDURES, including modes of proof, in cases before military courts18
and other military tribunals. may be prescribed by the governor by19
regulation and shall THE PROCEDURES, so far as practicable, MUST be the20
principles of law and the rules of evidence generally recognized in the21
trial of criminal cases in the courts of Colorado and in the trial of22
courts-martial of the United States, but such procedure may THE23
PROCEDURES MUST not be contrary to or inconsistent with this code.24
SECTION 11. In Colorado Revised Statutes, 28-3.1-306, add (3)25
as follows:26
28-3.1-306. Challenges. (3) I
F THE EXERCISE OF A PEREMPTORY27
279
-11- CHALLENGE OR CHALLENGE FOR CAUSE REDUCES THE NUMBER OF1
MEMBERS TO FEWER THAN THE REQUIRED NUMBER OF MEMBERS FOR THE2
COURT-MARTIAL AS DESCRIBED IN SECTION 28-1.3-213, THE CONVENING3
AUTHORITY SHALL APPOINT NEW MEMBERS TO THE COURT -MARTIAL4
PURSUANT TO SECTION 28-1.3-213.5
SECTION 12. In Colorado Revised Statutes, repeal and reenact,6
with amendments, 28-3.1-308 as follows:7
28-3.1-308. Statute of limitations. T
HE STATUTE OF LIMITATIONS8
TO BRING CHARGES FOR AN OFFENSE PURSUANT TO THIS ARTICLE 3.1 IS THE9
SAME AS IN THE FEDERAL "UNIFORM CODE OF MILITARY JUSTICE".10
SECTION 13. In Colorado Revised Statutes, amend 28-3.1-40711
as follows:12
28-3.1-407. Initial action on the record by convening authority13
- staff judge advocate review. (1) After a trial by court-martial, the14
record shall be forwarded
MILITARY JUDGE WHO PRESIDED OVER THE15
COURT-MARTIAL SHALL FORWARD THE RECORD OF THE COURT -MARTIAL16
to the convening authority. as reviewing authority, and action thereon17
may be taken by the person who convened the court, a commissioned18
officer commanding for the time being, a successor in command, or the19
governor. The reviewer may approve the sentence or such part, amount,20
or commuted form of the sentence as he or she sees fit and may suspend21
or defer the execution of the sentence. UPON RECEIPT OF THE RECORD OF22
THE COURT-MARTIAL, THE CONVENING AUTHORITY SHALL FORWARD THE23
RECORD TO THE STAFF JUDGE ADVOCATE DESIGNATED BY THE STATE24
JUDGE ADVOCATE GENERAL .25
(2) T
HE STAFF JUDGE ADVOCATE SHALL REVIEW THE RECORD AND26
SUBMIT A WRITTEN OPINION TO THE CONVENING AUTHORITY . THE STAFF27
279
-12- JUDGE ADVOCATE'S OPINION MUST INCLUDE:1
(a) C
ONCLUSIONS ABOUT WHETHER :2
(I) T
HE COURT-MARTIAL HAD JURISDICTION OVER THE ACCUSED ;3
(II) T
HE CHARGE AND SPECIFICATION STATED AN OFFENSE ; AND4
(III) T
HE SENTENCE WAS WITHIN THE LIMITS PRESCRIBED AS A5
MATTER OF LAW;6
(b) I
F THE ACCUSED MAKES ALLEGATIONS IN WRITING , A RESPONSE7
TO EACH ALLEGATION OF ERROR MADE IN WRITING BY THE ACCUSED ; AND8
(c) I
N AN OPINION ABOUT THE FINDINGS OF A SUMMARY9
COURT-MARTIAL, ADVICE TO THE CONVENING AUTHORITY ON THE10
SUFFICIENCY OF THE EVIDENCE AS TO EACH FINDING MADE BY THE11
SUMMARY COURT-MARTIAL.12
(3) A
CONVENING AUTHORITY SHALL NOT ACT ON THE FINDINGS OF13
OR SENTENCE IMPOSED BY A COURT -MARTIAL BEFORE THE STAFF JUDGE14
ADVOCATE REVIEW.15
(4) (a) A
FTER RECEIVING THE STAFF JUDGE ADVOCATE 'S WRITTEN16
OPINION DESCRIBED IN SUBSECTION (2) OF THIS SECTION, THE CONVENING17
AUTHORITY OF A GENERAL COURT -MARTIAL OR A SPECIAL18
COURT-MARTIAL:19
(I) S
HALL NOT ACT ON THE FINDINGS OF THE COURT-MARTIAL; AND20
(II) M
AY ACT AS DESCRIBED IN SUBSECTION (4)(b) OF THIS21
SECTION ON THE SENTENCE OF THE COURT -MARTIAL IF:22
(A) T
HE TOTAL PERIOD OF A SENTENCE TO CONFINEMENT IMPOSED23
FOR ALL OFFENSES INVOLVED, RUNNING CONSECUTIVELY, IS LESS THAN24
ONE HUNDRED EIGHTY DAYS ; AND25
(B) T
HE COURT-MARTIAL DID NOT IMPOSE A SENTENCE OF26
DISMISSAL OR DISHONORABLE DISCHARGE .27
279
-13- (b) A CONVENING AUTHORITY ACTING ON A SENTENCE IMPOSED BY1
A COURT-MARTIAL PURSUANT TO SUBSECTION (4)(a)(II) OF THIS SECTION2
MAY:3
(I) A
PPROVE THE COURT-MARTIAL'S SENTENCE;4
(II) D
ISAPPROVE, COMMUTE, OR SUSPEND THE COURT-MARTIAL'S5
SENTENCE, IN WHOLE OR IN PART; OR6
(III) D
ISAPPROVE THE COURT-MARTIAL'S SENTENCE AND ORDER A7
REHEARING ON THE SENTENCE .8
(c) A
FTER APPROPRIATE STAFF JUDGE ADVOCATE REVIEW , THE9
CONVENING AUTHORITY OF A SUMMARY COURT -MARTIAL MAY:10
(I) A
PPROVE THE COURT-MARTIAL'S FINDINGS AND SENTENCE;11
(II) D
ISMISS ANY CHARGE OR SPECIFICATION BY SETTING ASIDE12
THE FINDING OF GUILTY;13
(III) C
HANGE THE COURT-MARTIAL'S FINDING OF GUILTY OF THE14
CHARGE OR SPECIFICATION TO A FINDING OF GUILTY OF A LESSER15
INCLUDED OFFENSE;16
(IV) D
ISAPPROVE THE COURT-MARTIAL'S FINDINGS AND SENTENCE17
AND DISMISS THE CHARGE AND SPECIFICATION ;18
(V) D
ISAPPROVE THE COURT-MARTIAL'S FINDINGS AND SENTENCE19
AND ORDER A REHEARING ON THE FINDINGS AND SENTENCE ;20
(VI) D
ISAPPROVE, COMMUTE, OR SUSPEND THE COURT-MARTIAL'S21
SENTENCE, IN WHOLE OR IN PART; OR22
(VII) D
ISAPPROVE THE COURT-MARTIAL'S SENTENCE AND ORDER23
A REHEARING AS TO THE SENTENCE.24
(5) I
F, PURSUANT TO THIS SECTION, THE CONVENING AUTHORITY25
REDUCES, COMMUTES, OR SUSPENDS THE SENTENCE, THE DECISION OF THE26
CONVENING AUTHORITY MUST INCLUDE A WRITTEN EXPLANATION OF THE27
279
-14- REASONS FOR THE ACTION.1
(6) T
HE CONVENING AUTHORITY SHALL FORWARD ITS FINAL2
DECISION TO THE MILITARY JUDGE WHO PRESIDED OVER THE3
COURT-MARTIAL AND PROVIDE COPIES OF THE DECISION TO THE ACCUSED4
AND TO ANY VICTIM OF THE OFFENSE . THE MILITARY JUDGE SHALL5
INCORPORATE THE CONVENING AUTHORITY 'S FINAL DECISION INTO THE6
RECORD.7
SECTION 14. In Colorado Revised Statutes, 28-3.1-421, amend8
(1) introductory portion as follows:9
28-3.1-421. Appeal by the state. (1) In a trial by court-martial
10
or in a trial by military judge only pursuant to section 28-3.1-316 (4) in11
which a punitive discharge may be adjudged, The state may SHALL not12
appeal a finding of not guilty with respect to the A charge or specification.13
In a trial by court-martial in which a punitive discharge may be adjudged,14
the state may appeal the following:15
SECTION 15. In Colorado Revised Statutes, repeal and reenact,16
with amendments, part 5 of article 3.1 of title 28 as follows:17
PART 518
PUNITIVE ARTICLES19
28-3.1-501. Punitive articles of the federal "Uniform Code of20
Military Justice" incorporated. P
URSUANT TO SECTION 28-3.1-102.5,21
THE PUNITIVE ARTICLES, 10 U.S.C. SECS. 877 TO 933, AND THE GENERAL22
ARTICLE, 10 U.S.C. SEC. 934, OF THE FEDERAL "UNIFORM CODE OF23
M
ILITARY JUSTICE" ARE INCORPORATED INTO THE "COLORADO CODE OF24
M
ILITARY JUSTICE", THIS ARTICLE 3.1; EXCEPT THAT THE MAXIMUM25
PUNISHMENTS AND CLASSIFICATIONS OF OFFENSES SET FORTH IN SECTIONS26
28-3.1-402
AND 28-3.1-402.5 APPLY TO CONVICTIONS PURSUANT TO THIS27
279
-15- ARTICLE 3.1.1
SECTION 16. In Colorado Revised Statutes, add 28-3.1-606.52
as follows:3
28-3.1-606.5. Concurrent jurisdiction with civil authorities. I
F4
CONCURRENT CIVILIAN AND MILITARY JURISDICTION EXISTS TO PROSECUTE5
THE SAME OFFENSE ALLEGEDLY COMMITTED BY A MEMBER OF THE STATE6
MILITARY FORCES, AND A DISTRICT ATTORNEY WITH JURISDICTION TO7
PROSECUTE THE OFFENSE HAS FILED FELONY CHARGES AGAINST THE8
MEMBER PURSUANT TO STATE LAW , THE STATE MILITARY FORCES SHALL9
DEFER PROSECUTION OF THE OFFENSE OTHERWISE SUBJECT TO THIS CODE10
TO THE DISTRICT ATTORNEY . IF A DISTRICT ATTORNEY DECLINES TO11
PURSUE FELONY CHARGES OR
DISMISSES CHARGES WITHOUT TRIAL, A12
COURT-MARTIAL MAY BE CONVENED AGAINST THE MEMBER IN13
ACCORDANCE WITH THIS CODE .14
SECTION 17. In Colorado Revised Statutes, repeal 28-3.1-111,15
28-3.1-112, 28-3.1-113, 28-3.1-214, 28-3.1-215, 28-3.1-216, 28-3.1-217,16
28-3.1-218, 28-3.1-219, 28-3.1-302, 28-3.1-304, 28-3.1-305, 28-3.1-307,17
28-3.1-309, 28-3.1-310, 28-3.1-314, 28-3.1-315, 28-3.1-316, 28-3.1-317,18
28-3.1-318, 28-3.1-319, and 28-3.1-605.19
SECTION 18. Act subject to petition - effective date -20
applicability. (1) This act takes effect September 1, 2025; except that,21
if a referendum petition is filed pursuant to section 1 (3) of article V of22
the state constitution against this act or an item, section, or part of this act23
within the ninety-day period after final adjournment of the general24
assembly, then the act, item, section, or part will not take effect unless25
approved by the people at the general election to be held in November26
2026 and, in such case, will take effect on the date of the official27
279
-16- declaration of the vote thereon by the governor.1
(2) This act applies to offenses committed on or after the2
applicable effective date of this act.3
279
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