Colorado 2025 Regular Session

Colorado Senate Bill SB279 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-1021.02 Conrad Imel x2313
8	8		SENATE BILL 25-279
9	9		Senate Committees House Committees
10	10		State, Veterans, & Military Affairs
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING UPDATES TO THE "COLORADO CODE OF MILITARY101
14	14		J
15	15		USTICE".102
16	16		Bill Summary
17	17		(Note: This summary applies to this bill as introduced and does
18	18		not reflect any amendments that may be subsequently adopted. If this bill
19	19		passes third reading in the house of introduction, a bill summary that
20	20		applies to the reengrossed version of this bill will be available at
21	21		http://leg.colorado.gov
22	22		.)
23	23		The bill incorporates the federal "Uniform Code of Military
24	24		Justice" (federal code) into the "Colorado Code of Military Justice" (state
25	25		code), including specifically the punitive articles and general article of the
26	26		federal code, which describe punishable offenses, and the statute of
27	27		limitations that applies to charges brought pursuant to the state code. The
28	28		bill repeals sections of the state code that are duplicative of the
29	29		SENATE
30		-	Amended 3rd Reading
31		-	April 14, 2025
32		-	SENATE
33	30		Amended 2nd Reading
34	31		April 11, 2025
35	32		SENATE SPONSORSHIP
36		-	Ball and Pelton B., Roberts, Coleman, Cutter, Exum, Gonzales J., Jodeh, Kipp, Michaelson
37		-	Jenet, Mullica, Snyder, Wallace, Weissman, Winter F.
	33	+	Ball and Pelton B., Roberts
38	34		HOUSE SPONSORSHIP
39	35		Duran and Hartsook,
40	36		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
41	37		Capital letters or bold & italic numbers indicate new material to be added to existing law.
42	38		Dashes through the words or numbers indicate deletions from existing law. incorporated federal code.
43	39		Additionally, the bill:
44	40		! Applies the state code to a member of the state military
45	41		forces (member) at all times, except when the member is
46	42		ordered to active federal service pursuant to title 10 of the
47	43		United States Code;
48	44		! Clarifies a commanding officer's authority to impose
49	45		nonjudicial punishment under the state code;
50	46		! Makes changes to the procedures that govern, punitive
51	47		authority of, and review of the decisions of courts-martial;
52	48		! Repeals courts of inquiry from the state code; and
53	49		! If concurrent civilian and military jurisdiction exists over
54	50		the same offense and a district attorney has filed felony
55	51		charges against a member for the offense, requires the state
56	52		military forces to defer felony prosecution of the member
57	53		to the district attorney.
58	54		Be it enacted by the General Assembly of the State of Colorado:1
59		-	SECTION 1. In Colorado Revised Statutes, 28-3.1-102, ~~amend~~
60		-	2
61		-	~~(20); and add (14.3) and~~ (21.5) as follows:3
	55	+	SECTION 1. In Colorado Revised Statutes, 28-3.1-102, add2
	56	+	(14.3) and
	57	+	(21.5) as follows:3
62	58		28-3.1-102. Definitions. As used in this article 3.1, unless the4
63	59		context otherwise requires:5
64	60		(14.3) "N
65	61		ATIONAL GUARD" MEANS THE ARMY NATIONAL GUARD,
66	62		6
67	63		THE AIR NATIONAL GUARD, AND ANY OTHER COMPONENT CREATED OR7
68	64		AUTHORIZED UNDER THE LAWS OF THE UNITED STATES TO SERVE IN A8
69	65		SIMILAR MANNER PURSUANT TO TITLE 32 OF THE UNITED STATES CODE.9
70		-	(20) "State military forces" means the National Guard of this state10
71		-	as defined in section 28-3-101 (12), and any other militia or military11
72		-	forces organized under the laws of the state.12
73	66		(21.5) "U
74		-	NIFORM CODE OF MILITARY JUSTICE" MEANS THE13
75		-	FEDERAL "UNIFORM CODE OF MILITARY JUSTICE", 10 U.S.C. SEC. 801 ET14
76		-	SEQ.15
77		-	SECTION 2. In Colorado Revised Statutes, add 28-3.1-102.5 as16
78		-	279-2- follows:1
79		-	28-3.1-102.5. Construction of code - incorporation of federal2
80		-	"Uniform Code of Military Justice" - references to regulations -3
81		-	legislative intent. (1) T
82		-	HE GENERAL ASSEMBLY INTENDS THAT THE STATE4
83		-	MILITARY FORCES BE REGULATED IN A MANNER CONSISTENT WITH THE5
84		-	REGULATION OF THE ARMED FORCES OF THE UNITED STATES AND THAT6
85		-	THE "COLORADO CODE OF MILITARY JUSTICE" ENACTED IN THIS ARTICLE7
	67	+	NIFORM CODE OF MILITARY JUSTICE" MEANS THE10
	68	+	FEDERAL "UNIFORM CODE OF MILITARY JUSTICE", 10 U.S.C. SEC. 801 ET11
	69	+	SEQ.12
	70	+	SECTION 2. In Colorado Revised Statutes, add 28-3.1-102.5 as13
	71	+	follows:14
	72	+	28-3.1-102.5. Construction of code - incorporation of federal15
	73	+	"Uniform Code of Military Justice" - references to regulations -16
	74	+	279-2- legislative intent. (1) T HE GENERAL ASSEMBLY INTENDS THAT THE STATE1
	75	+	MILITARY FORCES BE REGULATED IN A MANNER CONSISTENT WITH THE2
	76	+	REGULATION OF THE ARMED FORCES OF THE UNITED STATES AND THAT3
	77	+	THE "COLORADO CODE OF MILITARY JUSTICE" ENACTED IN THIS ARTICLE4
86	78		3.1
87		-	BE CONSTRUED CONSISTENT WITH THIS PURPOSE .8
	79	+	BE CONSTRUED CONSISTENT WITH THIS PURPOSE .5
88	80		(2) (a) T
89		-	HE FEDERAL "UNIFORM CODE OF MILITARY JUSTICE",9
90		-	FEDERAL RULES ADOPTED PURSUANT TO THE FEDERAL "UNIFORM CODE ~~OF10~~
	81	+	HE FEDERAL "UNIFORM CODE OF MILITARY JUSTICE",6
	82	+	FEDERAL RULES ADOPTED PURSUANT TO THE FEDERAL "UNIFORM CODE OF7
91	83		M
92		-	ILITARY JUSTICE", AND THE MANUAL FOR COURTS -MARTIAL ~~UNITED11~~
	84	+	ILITARY JUSTICE", AND THE MANUAL FOR COURTS -MARTIAL UNITED8
93	85		S
94		-	TATES PUBLISHED BY THE FEDERAL DEPARTMENT OF DEFENSE ~~ARE12~~
95		-	INCORPORATED INTO THE "COLORADO CODE OF MILITARY JUSTICE", ~~THIS13~~
96		-	ARTICLE 3.1, AND GOVERN AND ARE APPLICABLE TO THE STATE ~~MILITARY14~~
97		-	FORCES, INCLUDING THE COLORADO NATIONAL GUARD, EXCEPT ~~AS15~~
98		-	OTHERWISE PROVIDED IN THIS ARTICLE 3.1 AND REGULATIONS ~~ADOPTED16~~
99		-	BY THE GOVERNOR.17
	86	+	TATES PUBLISHED BY THE FEDERAL DEPARTMENT OF DEFENSE ARE9
	87	+	INCORPORATED INTO THE "COLORADO CODE OF MILITARY JUSTICE", THIS10
	88	+	ARTICLE 3.1, AND GOVERN AND ARE APPLICABLE TO THE STATE MILITARY11
	89	+	FORCES, INCLUDING THE COLORADO NATIONAL GUARD, EXCEPT AS12
	90	+	OTHERWISE PROVIDED IN THIS ARTICLE 3.1 AND REGULATIONS ADOPTED13
	91	+	BY THE GOVERNOR.14
100	92		(b) F
101		-	OR THE PURPOSES OF THIS ARTICLE 3.1, REFERENCES IN ~~THE18~~
102		-	FEDERAL "UNIFORM CODE OF MILITARY JUSTICE", FEDERAL ~~RULES19~~
103		-	ADOPTED PURSUANT TO THE "UNIFORM CODE OF MILITARY JUSTICE", ~~AND20~~
104		-	THE MANUAL FOR COURTS-MARTIAL UNITED STATES TO:21
	93	+	OR THE PURPOSES OF THIS ARTICLE 3.1, REFERENCES IN THE15
	94	+	FEDERAL "UNIFORM CODE OF MILITARY JUSTICE", FEDERAL RULES16
	95	+	ADOPTED PURSUANT TO THE "UNIFORM CODE OF MILITARY JUSTICE", AND17
	96	+	THE MANUAL FOR COURTS-MARTIAL UNITED STATES TO:18
105	97		(I) T
106		-	HE PRESIDENT OF THE UNITED STATES MEANS THE GOVERNOR ,22
107		-	AND THE DUTIES, FUNCTIONS, AND AUTHORITY OF THE PRESIDENT ~~ARE23~~
108		-	ATTRIBUTABLE TO THE GOVERNOR ;24
	98	+	HE PRESIDENT OF THE UNITED STATES MEANS THE GOVERNOR ,19
	99	+	AND THE DUTIES, FUNCTIONS, AND AUTHORITY OF THE PRESIDENT ARE20
	100	+	ATTRIBUTABLE TO THE GOVERNOR ;21
109	101		(II) T
110		-	HE SECRETARY OR SECRETARY CONCERNED MEANS THE25
111		-	ADJUTANT GENERAL OF THIS STATE , AND THE DUTIES, FUNCTIONS, AND26
112		-	AUTHORITY OF THE SECRETARY OR SECRETARY CONCERNED ARE27
	102	+	HE SECRETARY OR SECRETARY CONCERNED MEANS THE22
	103	+	ADJUTANT GENERAL OF THIS STATE , AND THE DUTIES, FUNCTIONS, AND23
	104	+	AUTHORITY OF THE SECRETARY OR SECRETARY CONCERNED ARE24
	105	+	ATTRIBUTABLE TO THE ADJUTANT GENERAL ; AND25
	106	+	(III) T
	107	+	HE ARMED FORCES, THE ARMY OF THE UNITED STATES, THE26
	108	+	U
	109	+	NITED STATES AIR FORCE, OR SIMILAR MILITARY ORGANIZATIONS27
113	110		279
114		-	-3- ATTRIBUTABLE TO THE ADJUTANT GENERAL ; AND1
115		-	(III) T
116		-	HE ARMED FORCES, THE ARMY OF THE UNITED STATES, THE2
117		-	U
118		-	NITED STATES AIR FORCE, OR SIMILAR MILITARY ORGANIZATIONS3
119		-	INCLUDES MILITARY, MILITARY FORCES, THE MILITARY SERVICES, AND4
120		-	STATE MILITARY FORCES.5
	111	+	-3- INCLUDES MILITARY, MILITARY FORCES, THE MILITARY SERVICES, AND1
	112	+	STATE MILITARY FORCES.2
121	113		(3) R
122		-	EFERENCES IN THIS ARTICLE 3.1 TO THE GOVERNOR 'S6
123		-	REGULATIONS INCLUDE REGULATIONS PREPARED BY THE ADJUTANT7
124		-	GENERAL AND APPROVED BY THE GOVERNOR PURSUANT TO SECTION8
125		-	28-3-106 (1)(j).9
126		-	SECTION 3. In Colorado Revised Statutes, amend 28-3.1-10310
	114	+	EFERENCES IN THIS ARTICLE 3.1 TO THE GOVERNOR 'S3
	115	+	REGULATIONS INCLUDE REGULATIONS PREPARED BY THE ADJUTANT4
	116	+	GENERAL AND APPROVED BY THE GOVERNOR PURSUANT TO SECTION5
	117	+	28-3-106 (1)(j).6
	118	+	SECTION 3. In Colorado Revised Statutes, amend 28-3.1-1037
	119	+	as follows:8
	120	+	28-3.1-103. Persons subject to this code. This code applies to all9
	121	+	members of the state military forces
	122	+	AT ALL TIMES; EXCEPT THAT THIS10
	123	+	CODE DOES NOT APPLY TO A MEMBER OF THE STATE MILITARY FORCES11
	124	+	WHILE ORDERED TO ACTIVE FEDERAL SERVICE PURSUANT TO TITLE 10 OF12
	125	+	THE UNITED STATES CODE.13
	126	+	SECTION 4. In Colorado Revised Statutes, 28-3.1-114, amend14
	127	+	(1), (2) introductory portion, (2)(a) introductory portion, (2)(a)(III),15
	128	+	(2)(a)(IV), (2)(a)(V), (2)(b) introductory portion, (2)(b)(IV), (2)(b)(V),16
	129	+	(4.4), and (4.7); repeal (2)(a)(I), (2)(b)(I), and (2.5); and add (2)(a)(VI),17
	130	+	(2)(b)(VI), and (2)(b)(VII) as follows:18
	131	+	28-3.1-114. Commanding officer's nonjudicial punishment.19
	132	+	(1) (a) Punishment may be imposed for any offense cognizable by a20
	133	+	court-martial upon any member of the state military forces under this21
	134	+	section. Under such regulations as
	135	+	The governor may, BY REGULATION,22
	136	+	prescribe limitations may be placed on the powers granted by IN this23
	137	+	section with respect to:24
	138	+	(I) The kind and amount of punishment authorized,
	139	+	THE25
	140	+	SUSPENSION OF PUNISHMENT, and the levels of commanding officers and26
	141	+	warrant officers exercising command authorized to exercise those powers;27
	142	+	279
	143	+	-4- AND1
	144	+	(II) T
	145	+	HE KINDS OF COURTS-MARTIAL TO WHICH A CASE MAY BE2
	146	+	REFERRED UPON A DEMAND FOR A TRIAL BY COURT -MARTIAL BY THE3
	147	+	ACCUSED MEMBER OF THE STATE MILITARY FORCES .4
	148	+	(b) E
	149	+	XCEPT IN THE CASE OF THE IMPOSITION OF FINES UPON5
	150	+	OFFICERS AND WARRANT OFFICERS , PUNISHMENT MUST NOT BE IMPOSED6
	151	+	UPON A MEMBER OF THE STATE MILITARY FORCES PURSUANT TO THIS7
	152	+	SECTION IF THE MEMBER HAS, BEFORE THE IMPOSITION OF PUNISHMENT ,8
	153	+	DEMANDED TRIAL BY COURT -MARTIAL IN LIEU OF PUNISHMENT.9
	154	+	(c) If authorized by regulations of the governor, the governor or
	155	+	10
	156	+	an officer of general rank in command A COMMANDING OFFICER WHO ,11
	157	+	PURSUANT TO THIS CODE , IS AUTHORIZED TO EXERCISE GENERAL12
	158	+	COURT-MARTIAL JURISDICTION OR AN OFFICER OF GENERAL RANK IN13
	159	+	COMMAND may delegate his or her THE OFFICER'S powers under14
	160	+	PURSUANT TO this section to a principal assistant. If subject to disciplinary15
	161	+	punishment, the accused must be afforded the opportunity to be16
	162	+	represented by defense counsel having the qualifications prescribed under17
	163	+	section 28-3.1-102 (10), if available. Otherwise, the accused must be18
	164	+	afforded the opportunity to be represented by any available commissioned19
	165	+	officer of his or her choice. The accused may also employ civilian counsel20
	166	+	of his or her own choosing at his or her own expense. In all proceedings,21
	167	+	the accused is allowed three duty days, or longer on written justification,22
	168	+	to reply to the notification of intent to impose punishment under this23
	169	+	section.24
	170	+	(2) Subject to subsection (1) of this section, any A commanding25
	171	+	officer may, in addition to or in lieu of admonition or
	172	+	PUNITIVE26
	173	+	reprimand, impose one or more of the following disciplinary punishments27
	174	+	279
	175	+	-5- without the intervention of a court-martial:1
	176	+	(a) Upon an A COMMISSIONED OR WARRANT officer of his or her2
	177	+	THE COMMANDING OFFICER 'S command:3
	178	+	(I) Withholding of privileges for not more than two weeks, which4
	179	+	need not be consecutive;5
	180	+	(III) If imposed by the governor, the adjutant general, or a6
	181	+	commanding officer of the Army or National Guard, A fine or forfeiture7
	182	+	of pay and allowance ALLOWANCES of not more than the amount of pay8
	183	+	and allowance ALLOWANCES received for two FOUR unit training9
	184	+	assemblies or two FOUR days of annual training, whichever is applicable10
	185	+	according to duty status;11
	186	+	(IV) An admonition; or12
	187	+	(V) A reprimand;
	188	+	OR13
	189	+	(VI) I
	190	+	F IMPOSED BY A COMMANDING OFFICER WHO HAS THE14
	191	+	AUTHORITY TO EXERCISE GENERAL COURT -MARTIAL JURISDICTION OR AN15
	192	+	OFFICER OF GENERAL OR FLAG RANK IN COMMAND :16
	193	+	(A) A
	194	+	RREST IN QUARTERS FOR NOT MORE THAN THIRTY17
	195	+	CONSECUTIVE DAYS; OR18
	196	+	(B) R
	197	+	ESTRICTION TO CERTAIN SPECIFIED LIMITS, WITH OR WITHOUT19
	198	+	SUSPENSION FROM DUTY , FOR NOT MORE THAN THIRTY CONSECUTIVE20
	199	+	DAYS;21
	200	+	(b) Upon other military personnel of his or her
	201	+	THE COMMANDING22
	202	+	OFFICER'S command:23
	203	+	(I) Withholding of privileges for not more than two weeks, which24
	204	+	need not be consecutive;25
	205	+	(IV) Reduction to next inferior grade if the grade from which he26
	206	+	or she was demoted was established by the command or an equivalent or27
	207	+	279
	208	+	-6- lower command; or IN RANK, AS AUTHORIZED BY REGULATIONS ADOPTED1
	209	+	BY THE GOVERNOR;2
	210	+	(V) A fine of any amount up to the maximum pay and allowances3
	211	+	received for two OR FORFEITURE OF PAY AND ALLOWANCES OF NOT MORE4
	212	+	THAN FOUR unit training assemblies or two FOUR days of annual training,5
	213	+	whichever is applicable according to duty status;6
	214	+	(VI) A
	215	+	N ADMONITION; OR7
	216	+	(VII) A
	217	+	REPRIMAND.8
	218	+	(2.5) If the commanding officer is of field grade, grade of O-4 or
	219	+	9
	220	+	rank of major or above, he or she may impose on an enlisted member any10
	221	+	one or a combination of the following disciplinary punishments without11
	222	+	the intervention of a court-martial:12
	223	+	(a) Any of the punishments stated in subsections (2)(b)(I) to13
	224	+	(2)(b)(III) of this section;14
	225	+	(b) A fine of any amount up to the maximum pay and allowances15
	226	+	received for two unit training assemblies or two days of annual training,16
	227	+	whichever is applicable according to duty status;17
	228	+	(c) Reduction to the lowest or any intermediate pay grade, if the18
	229	+	current grade from which he or she is demoted is within the promotion19
	230	+	authority of the officer imposing the reduction or an officer subordinate20
	231	+	to the one imposing the reduction, but enlisted members in military grades21
	232	+	above E-4 may not be reduced by more than two military grades.22
	233	+	(4.4) Maximum allowable punishments, of withholding of23
	234	+	privileges, restrictions, and extra duties may MUST not be combined to run24
	235	+	consecutively.25
	236	+	(4.7) The officer who imposes the punishment pursuant to this26
	237	+	section, or the successor in command, may, at any time, suspend, set27
	238	+	279
	239	+	-7- aside, mitigate, or remit any part or amount of the punishment and restore1
	240	+	all rights, privileges, and property affected. The officer also may:2
	241	+	(a) Mitigate reduction in grade to forfeiture of pay;3
	242	+	(b) Mitigate arrest in quarters to restriction; or4
	243	+	(c) Mitigate extra duties to restriction.5
	244	+	SECTION 5. In Colorado Revised Statutes, 28-3.1-201, amend6
	245	+	(2)(b) as follows:7
	246	+	28-3.1-201. Courts-martial - jurisdiction - composition.8
	247	+	(2) The three kinds of courts-martial are:9
	248	+	(b) Special courts-martial,
	249	+	WHICH ARE EITHER OF THE FOLLOWING10
	250	+	TYPES:11
	251	+	(I) A
	252	+	SPECIAL COURT-MARTIAL consisting of a military judge and12
	253	+	not less than three members. or
	254	+	A SPECIAL COURT-MARTIAL CONSISTING13
	255	+	OF A MILITARY JUDGE AND NOT LESS THAN THREE MEMBERS AS DESCRIBED14
	256	+	IN THIS SUBSECTION (2)(b)(I) IS SUBJECT TO SECTION 28-3.1-204 (2)(a)(I)15
	257	+	AND (2)(b) AND ANY LIMITATIONS PRESCRIBED IN REGULATION .16
	258	+	(II) A
	259	+	SPECIAL COURT-MARTIAL consisting of only a military17
	260	+	judge, if the accused so requests under the same conditions as those18
	261	+	prescribed in paragraph (a) of this subsection (2)
	262	+	SUBSECTION (2)(a) OF19
	263	+	THIS SECTION OR IF THE CASE IS SO REFERRED BY THE CONVENING20
	264	+	AUTHORITY. A SPECIAL COURT-MARTIAL CONSISTING OF ONLY A MILITARY21
	265	+	JUDGE AS DESCRIBED IN THIS SUBSECTION (2)(b)(II) IS SUBJECT TO22
	266	+	SECTION 28-3.1-204 (2)(a)(II) AND (2)(b) AND ANY LIMITATIONS23
	267	+	PRESCRIBED IN REGULATION.24
	268	+	SECTION 6. In Colorado Revised Statutes, 28-3.1-203, amend25
	269	+	(1) introductory portion, (1)(a), (1)(e), and (1)(f) as follows:26
	270	+	28-3.1-203. Jurisdiction of general courts-martial. (1) General27
	271	+	279
	272	+	-8- courts-martial have jurisdiction to try persons subject to this code for any1
	273	+	AN offense punishable under this code and may adjudge any of the2
	274	+	following punishments:3
	275	+	(a) Confinement for not more than two FIVE years, unless4
	276	+	otherwise specified in this code;5
	277	+	(e) Dismissal, or dishonorable discharge, OR BAD CONDUCT6
	278	+	DISCHARGE;7
	279	+	(f) Reduction of a noncommissioned officer ENLISTED PERSONNEL8
	280	+	to any inferior grade; or9
	281	+	SECTION 7. In Colorado Revised Statutes, amend 28-3.1-20410
127	282		as follows:11
128		-	28-3.1-103. Persons subject to this code. This code applies to all12
129		-	members of the state military forces
130		-	AT ALL TIMES; EXCEPT THAT THIS13
131		-	CODE DOES NOT APPLY TO A MEMBER OF THE STATE MILITARY FORCES14
132		-	WHILE ORDERED TO ACTIVE FEDERAL SERVICE PURSUANT TO TITLE 10 OF15
133		-	THE UNITED STATES CODE.16
134		-	SECTION 4. In Colorado Revised Statutes, 28-3.1-114, amend17
135		-	(1), (2) introductory portion, (2)(a) introductory portion, (2)(a)(III),18
136		-	(2)(a)(IV), (2)(a)(V), (2)(b) introductory portion, (2)(b)(IV), (2)(b)(V),19
137		-	(4.4), and (4.7); repeal (2)(a)(I), (2)(b)(I), and (2.5); and add (2)(a)(VI),20
138		-	(2)(b)(VI), and (2)(b)(VII) as follows:21
139		-	28-3.1-114. Commanding officer's nonjudicial punishment.22
140		-	(1) (a) Punishment may be imposed for any offense cognizable by a23
141		-	court-martial upon any member of the state military forces under this24
142		-	section. Under such regulations as
143		-	The governor may, BY REGULATION,25
144		-	prescribe limitations may be placed on the powers granted by IN this26
145		-	section with respect to:27
	283	+	28-3.1-204. Jurisdiction of special courts-martial. (1) Special12
	284	+	courts-martial have jurisdiction to try any A person subject to this code for13
	285	+	any AN offense punishable under this code, EXCEPT FOR CONDUCT THAT14
	286	+	CONSTITUTES AN OFFENSE DESCRIBED IN ARTICLE 120 (a), 120 (b), 120b15
	287	+	(a),
	288	+	OR 120b (b) OF THE FEDERAL "UNIFORM CODE OF MILITARY JUSTICE",16
	289	+	10
	290	+	U.S.C. SEC. 920 (a) AND (b) AND 10 U.S.C. SEC. 920b (a) AND (b).17
	291	+	(2) A special court-martial has the same powers of punishment as18
	292	+	a general court-martial,
	293	+	INCLUDING THE AUTHORITY TO ORDER A BAD19
	294	+	CONDUCT DISCHARGE; except that:20
	295	+	(a) (I) confinement may not be more than ninety days and
	296	+	A21
	297	+	SPECIAL COURT-MARTIAL THAT DOES NOT CONSIST OF A MILITARY JUDGE22
	298	+	ALONE, AS DESCRIBED IN SECTION 28-3.1-201 (2)(b)(I), SHALL NOT IMPOSE23
	299	+	CONFINEMENT FOR MORE THAN ONE HUNDRED EIGHTY DAYS AND SHALL24
	300	+	NOT ORDER A DISMISSAL OR DISHONORABLE DISCHARGE ; AND25
	301	+	(II) A
	302	+	SPECIAL COURT-MARTIAL THAT CONSISTS OF A MILITARY26
	303	+	JUDGE ALONE PURSUANT TO SECTION 28-3.1-201 (2)(b)(II) SHALL NOT27
146	304		279
147		-	-4- (I) The kind and amount of punishment authorized, THE1
148		-	SUSPENSION OF PUNISHMENT, and the levels of commanding officers and2
149		-	warrant officers exercising command authorized to exercise those powers;3
150		-	AND4
151		-	(II) T
152		-	HE KINDS OF COURTS-MARTIAL TO WHICH A CASE MAY BE5
153		-	REFERRED UPON A DEMAND FOR A TRIAL BY COURT -MARTIAL BY THE6
154		-	ACCUSED MEMBER OF THE STATE MILITARY FORCES .7
155		-	(b) E
156		-	XCEPT IN THE CASE OF THE IMPOSITION OF FINES UPON8
157		-	OFFICERS AND WARRANT OFFICERS , PUNISHMENT MUST NOT BE IMPOSED9
158		-	UPON A MEMBER OF THE STATE MILITARY FORCES PURSUANT TO THIS10
159		-	SECTION IF THE MEMBER HAS, BEFORE THE IMPOSITION OF PUNISHMENT ,11
160		-	DEMANDED TRIAL BY COURT -MARTIAL IN LIEU OF PUNISHMENT.12
161		-	(c) If authorized by regulations of the governor, the governor or
162		-	13
163		-	an officer of general rank in command A COMMANDING OFFICER WHO ,14
164		-	PURSUANT TO THIS CODE , IS AUTHORIZED TO EXERCISE GENERAL15
165		-	COURT-MARTIAL JURISDICTION OR AN OFFICER OF GENERAL RANK IN16
166		-	COMMAND may delegate his or her THE OFFICER'S powers under17
167		-	PURSUANT TO this section to a principal assistant. If subject to disciplinary18
168		-	punishment, the accused must be afforded the opportunity to be19
169		-	represented by defense counsel having the qualifications prescribed under20
170		-	section 28-3.1-102 (10), if available. Otherwise, the accused must be21
171		-	afforded the opportunity to be represented by any available commissioned22
172		-	officer of his or her choice. The accused may also employ civilian counsel23
173		-	of his or her own choosing at his or her own expense. In all proceedings,24
174		-	the accused is allowed three duty days, or longer on written justification,25
175		-	to reply to the notification of intent to impose punishment under this26
176		-	section.27
177		-	279
178		-	-5- (2) Subject to subsection (1) of this section, any A commanding1
179		-	officer may, in addition to or in lieu of admonition or
180		-	PUNITIVE2
181		-	reprimand, impose one or more of the following disciplinary punishments3
182		-	without the intervention of a court-martial:4
183		-	(a) Upon an
184		-	A COMMISSIONED OR WARRANT officer of his or her5
185		-	THE COMMANDING OFFICER 'S command:6
186		-	(I) Withholding of privileges for not more than two weeks, which7
187		-	need not be consecutive;8
188		-	(III) If imposed by the governor, the adjutant general, or a9
189		-	commanding officer of the Army or National Guard, A fine or forfeiture10
190		-	of pay and allowance ALLOWANCES of not more than the amount of pay11
191		-	and allowance ALLOWANCES received for two FOUR unit training12
192		-	assemblies or two FOUR days of annual training, whichever is applicable13
193		-	according to duty status;14
194		-	(IV) An admonition; or15
195		-	(V) A reprimand;
196		-	OR16
197		-	(VI) I
198		-	F IMPOSED BY A COMMANDING OFFICER WHO HAS THE17
199		-	AUTHORITY TO EXERCISE GENERAL COURT -MARTIAL JURISDICTION OR AN18
200		-	OFFICER OF GENERAL OR FLAG RANK IN COMMAND :19
201		-	(A) A
202		-	RREST IN QUARTERS FOR NOT MORE THAN THIRTY20
203		-	CONSECUTIVE DAYS; OR21
204		-	(B) R
205		-	ESTRICTION TO CERTAIN SPECIFIED LIMITS, WITH OR WITHOUT22
206		-	SUSPENSION FROM DUTY , FOR NOT MORE THAN THIRTY CONSECUTIVE23
207		-	DAYS;24
208		-	(b) Upon other military personnel of his or her
209		-	THE COMMANDING25
210		-	OFFICER'S command:26
211		-	(I) Withholding of privileges for not more than two weeks, which27
212		-	279
213		-	-6- need not be consecutive;1
214		-	(IV) Reduction to next inferior grade if the grade from which he2
215		-	or she was demoted was established by the command or an equivalent or3
216		-	lower command; or IN RANK, AS AUTHORIZED BY REGULATIONS ADOPTED4
217		-	BY THE GOVERNOR;5
218		-	(V) A fine of any amount up to the maximum pay and allowances6
219		-	received for two OR FORFEITURE OF PAY AND ALLOWANCES OF NOT MORE7
220		-	THAN FOUR unit training assemblies or two FOUR days of annual training,8
221		-	whichever is applicable according to duty status;9
222		-	(VI) A
223		-	N ADMONITION; OR10
224		-	(VII) A
225		-	REPRIMAND.11
226		-	(2.5) If the commanding officer is of field grade, grade of O-4 or
227		-	12
228		-	rank of major or above, he or she may impose on an enlisted member any13
229		-	one or a combination of the following disciplinary punishments without14
230		-	the intervention of a court-martial:15
231		-	(a) Any of the punishments stated in subsections (2)(b)(I) to16
232		-	(2)(b)(III) of this section;17
233		-	(b) A fine of any amount up to the maximum pay and allowances18
234		-	received for two unit training assemblies or two days of annual training,19
235		-	whichever is applicable according to duty status;20
236		-	(c) Reduction to the lowest or any intermediate pay grade, if the21
237		-	current grade from which he or she is demoted is within the promotion22
238		-	authority of the officer imposing the reduction or an officer subordinate23
239		-	to the one imposing the reduction, but enlisted members in military grades24
240		-	above E-4 may not be reduced by more than two military grades.25
241		-	(4.4) Maximum allowable punishments, of withholding of26
242		-	privileges, restrictions, and extra duties may MUST not be combined to run27
243		-	279
244		-	-7- consecutively.1
245		-	(4.7) The officer who imposes the punishment pursuant to this2
246		-	section, or the successor in command, may, at any time, suspend, set3
247		-	aside, mitigate, or remit any part or amount of the punishment and restore4
248		-	all rights, privileges, and property affected. The officer also may:5
249		-	(a) Mitigate reduction in grade to forfeiture of pay;6
250		-	(b) Mitigate arrest in quarters to restriction; or7
251		-	(c) Mitigate extra duties to restriction.8
252		-	SECTION 5. In Colorado Revised Statutes, 28-3.1-201, amend9
253		-	(2)(b) as follows:10
254		-	28-3.1-201. Courts-martial - jurisdiction - composition.11
255		-	(2) The three kinds of courts-martial are:12
256		-	(b) Special courts-martial,
257		-	WHICH ARE EITHER OF THE FOLLOWING13
258		-	TYPES:14
259		-	(I) A
260		-	SPECIAL COURT-MARTIAL consisting of a military judge and15
261		-	not less than three members. or
262		-	A SPECIAL COURT-MARTIAL CONSISTING16
263		-	OF A MILITARY JUDGE AND NOT LESS THAN THREE MEMBERS AS DESCRIBED17
264		-	IN THIS SUBSECTION (2)(b)(I) IS SUBJECT TO SECTION 28-3.1-204 (2)(a)(I)18
265		-	AND (2)(b) AND ANY LIMITATIONS PRESCRIBED IN REGULATION .19
266		-	(II) A
267		-	SPECIAL COURT-MARTIAL consisting of only a military20
268		-	judge, if the accused so requests under the same conditions as those21
269		-	prescribed in paragraph (a) of this subsection (2)
270		-	SUBSECTION (2)(a) OF22
271		-	THIS SECTION OR IF THE CASE IS SO REFERRED BY THE CONVENING23
272		-	AUTHORITY. A SPECIAL COURT-MARTIAL CONSISTING OF ONLY A MILITARY24
273		-	JUDGE AS DESCRIBED IN THIS SUBSECTION (2)(b)(II) IS SUBJECT TO25
274		-	SECTION 28-3.1-204 (2)(a)(II) AND (2)(b) AND ANY LIMITATIONS26
275		-	PRESCRIBED IN REGULATION.27
276		-	279
277		-	-8- SECTION 6. In Colorado Revised Statutes, 28-3.1-203, amend1
278		-	(1) introductory portion, (1)(a), (1)(e), and (1)(f) as follows:2
279		-	28-3.1-203. Jurisdiction of general courts-martial. (1) General3
280		-	courts-martial have jurisdiction to try persons subject to this code for any4
281		-	AN offense punishable under this code and may adjudge any of the5
282		-	following punishments:6
283		-	(a) Confinement for not more than two FIVE years, unless7
284		-	otherwise specified in this code;8
285		-	(e) Dismissal, or dishonorable discharge, OR BAD CONDUCT9
286		-	DISCHARGE;10
287		-	(f) Reduction of a noncommissioned officer ENLISTED PERSONNEL11
288		-	to any inferior grade; or12
289		-	SECTION 7. In Colorado Revised Statutes, amend 28-3.1-20413
290		-	as follows:14
291		-	28-3.1-204. Jurisdiction of special courts-martial. (1) Special15
292		-	courts-martial have jurisdiction to try any A person subject to this code for16
293		-	any AN offense punishable under this code, EXCEPT FOR CONDUCT THAT17
294		-	CONSTITUTES AN OFFENSE DESCRIBED IN ARTICLE 120 (a), 120 (b), 120b18
295		-	(a),
296		-	OR 120b (b) OF THE FEDERAL "UNIFORM CODE OF MILITARY JUSTICE",19
297		-	10
298		-	U.S.C. SEC. 920 (a) AND (b) AND 10 U.S.C. SEC. 920b (a) AND (b).20
299		-	(2) A special court-martial has the same powers of punishment as21
300		-	a general court-martial,
301		-	INCLUDING THE AUTHORITY TO ORDER A BAD22
302		-	CONDUCT DISCHARGE; except that:23
303		-	(a) (I) confinement may not be more than ninety days and
304		-	A24
305		-	SPECIAL COURT-MARTIAL THAT DOES NOT CONSIST OF A MILITARY JUDGE25
306		-	ALONE, AS DESCRIBED IN SECTION 28-3.1-201 (2)(b)(I), SHALL NOT IMPOSE26
307		-	CONFINEMENT FOR MORE THAN ONE HUNDRED EIGHTY DAYS AND SHALL27
308		-	279
309		-	-9- NOT ORDER A DISMISSAL OR DISHONORABLE DISCHARGE ; AND1
310		-	(II) A
311		-	SPECIAL COURT-MARTIAL THAT CONSISTS OF A MILITARY2
312		-	JUDGE ALONE PURSUANT TO SECTION 28-3.1-201 (2)(b)(II) SHALL NOT3
313		-	IMPOSE CONFINEMENT FOR MORE THAN NINETY DAYS AND SHALL NOT4
314		-	ORDER A DISMISSAL OR DISHONORABLE DISCHARGE ; AND5
315		-	(b) The fine or forfeiture of pay and allowances imposed by a6
316		-	special court-martial may
317		-	MUST not be more than the maximum pay and7
318		-	allowances received for six unit training assemblies or six days of annual8
319		-	training, whichever is applicable according to duty status.9
	305	+	-9- IMPOSE CONFINEMENT FOR MORE THAN NINETY DAYS AND SHALL NOT1
	306	+	ORDER A DISMISSAL OR DISHONORABLE DISCHARGE ; AND2
	307	+	(b) The fine or forfeiture of pay and allowances imposed by a3
	308	+	special court-martial may MUST not be more than the maximum pay and4
	309	+	allowances received for six unit training assemblies or six days of annual5
	310	+	training, whichever is applicable according to duty status.6
320	311		(3) N
321	312		OTWITHSTANDING SECTION 16-10-101, A SPECIAL
	313	+	7
	314	+	COURT-MARTIAL CONSISTING OF A JUDGE ALONE HAS THE AUTHORITY TO8
	315	+	TRY CASES AND IMPOSE PUNISHMENTS AS SET FORTH IN THIS SECTION .9
	316	+	SECTION 8. In Colorado Revised Statutes, 28-3.1-205, amend10
	317	+	(1) as follows:11
	318	+	28-3.1-205. Jurisdiction of summary courts-martial.12
	319	+	(1) (a) Summary courts-martial have jurisdiction to try any A person13
	320	+	subject to this code, except commissioned officers, warrant officers,14
	321	+	cadets, and candidates, AND A PERSON WHO OBJECTS TO TRIAL BY15
	322	+	SUMMARY COURT-MARTIAL AS DESCRIBED IN SUBSECTION (1)(b) OF THIS16
	323	+	SECTION, for any offense made punishable under this code, EXCEPT FOR17
	324	+	CONDUCT THAT CONSTITUTES AN OFFENSE DESCRIBED IN ARTICLE 120 (a),18
	325	+	120 (b), 120b (a),
	326	+	OR 120b (b) OF THE FEDERAL "UNIFORM CODE OF19
	327	+	M
	328	+	ILITARY JUSTICE", 10 U.S.C. SEC. 920 (a) AND (b) AND 10 U.S.C. SEC.20
	329	+	920b (a)
	330	+	AND (b).21
	331	+	(b) A
	332	+	N ACCUSED PERSON MAY OBJECT TO TRIAL BY A SUMMARY22
	333	+	COURT-MARTIAL. IF AN ACCUSED PERSON OBJECTS , A SUMMARY23
	334	+	COURT-MARTIAL SHALL NOT TRY THE PERSON AND THE CONVENING24
	335	+	AUTHORITY, OR OFFICER TO WHOM THE CASE IS REFERRED BY THE25
	336	+	CONVENING AUTHORITY, SHALL ORDER THE ACCUSED TRIED BY A GENERAL26
	337	+	COURT-MARTIAL OR SPECIAL COURT-MARTIAL, AS APPROPRIATE.27
	338	+	279
	339	+	-10- SECTION 9. In Colorado Revised Statutes, 28-3.1-213, amend1
	340	+	(3) as follows:2
	341	+	28-3.1-213. Absent and additional members. (3) E
	342	+	XCEPT FOR3
	343	+	A LAWFULLY CONVENED SPECIAL COURT -MARTIAL THAT CONSISTS OF A4
	344	+	MILITARY JUDGE ALONE, AS DESCRIBED IN SECTION 28-3.1-201 (2)(b)(II),5
	345	+	whenever a special court-martial is reduced below
	346	+	TO FEWER THAN three6
	347	+	members, the trial may MUST not proceed unless the convening authority7
	348	+	appoints new members sufficient in number to provide not less than AT8
	349	+	LEAST three members. When the new members have been sworn, the trial9
	350	+	may proceed as if no evidence has WAS previously been introduced,10
	351	+	unless a verbatim record of the testimony of previously examined11
	352	+	witnesses or a stipulation thereof is read to the court in the presence of the12
	353	+	accused and counsel.13
	354	+	SECTION 10. In Colorado Revised Statutes, amend 28-3.1-30114
	355	+	as follows:15
	356	+	28-3.1-301. General procedures. The procedure GOVERNOR MAY16
	357	+	PRESCRIBE, BY REGULATION , PRETRIAL, TRIAL, AND POST-TRIAL17
	358	+	PROCEDURES, including modes of proof, in cases before military courts18
	359	+	and other military tribunals. may be prescribed by the governor by19
	360	+	regulation and shall THE PROCEDURES, so far as practicable, MUST be the20
	361	+	principles of law and the rules of evidence generally recognized in the21
	362	+	trial of criminal cases in the courts of Colorado and in the trial of22
	363	+	courts-martial of the United States, but such procedure may THE23
	364	+	PROCEDURES MUST not be contrary to or inconsistent with this code.24
	365	+	SECTION 11. In Colorado Revised Statutes, 28-3.1-306, add (3)25
	366	+	as follows:26
	367	+	28-3.1-306. Challenges. (3) I
	368	+	F THE EXERCISE OF A PEREMPTORY27
	369	+	279
	370	+	-11- CHALLENGE OR CHALLENGE FOR CAUSE REDUCES THE NUMBER OF1
	371	+	MEMBERS TO FEWER THAN THE REQUIRED NUMBER OF MEMBERS FOR THE2
	372	+	COURT-MARTIAL AS DESCRIBED IN SECTION 28-1.3-213, THE CONVENING3
	373	+	AUTHORITY SHALL APPOINT NEW MEMBERS TO THE COURT -MARTIAL4
	374	+	PURSUANT TO SECTION 28-1.3-213.5
	375	+	SECTION 12. In Colorado Revised Statutes, repeal and reenact,6
	376	+	with amendments, 28-3.1-308 as follows:7
	377	+	28-3.1-308. Statute of limitations. T
	378	+	HE STATUTE OF LIMITATIONS8
	379	+	TO BRING CHARGES FOR AN OFFENSE PURSUANT TO THIS ARTICLE 3.1 IS THE9
	380	+	SAME AS IN THE FEDERAL "UNIFORM CODE OF MILITARY JUSTICE".10
	381	+	SECTION 13. In Colorado Revised Statutes, amend 28-3.1-40711
	382	+	as follows:12
	383	+	28-3.1-407. Initial action on the record by convening authority13
	384	+	- staff judge advocate review. (1) After a trial by court-martial, the14
	385	+	record shall be forwarded
	386	+	MILITARY JUDGE WHO PRESIDED OVER THE15
	387	+	COURT-MARTIAL SHALL FORWARD THE RECORD OF THE COURT -MARTIAL16
	388	+	to the convening authority. as reviewing authority, and action thereon17
	389	+	may be taken by the person who convened the court, a commissioned18
	390	+	officer commanding for the time being, a successor in command, or the19
	391	+	governor. The reviewer may approve the sentence or such part, amount,20
	392	+	or commuted form of the sentence as he or she sees fit and may suspend21
	393	+	or defer the execution of the sentence. UPON RECEIPT OF THE RECORD OF22
	394	+	THE COURT-MARTIAL, THE CONVENING AUTHORITY SHALL FORWARD THE23
	395	+	RECORD TO THE STAFF JUDGE ADVOCATE DESIGNATED BY THE STATE24
	396	+	JUDGE ADVOCATE GENERAL .25
	397	+	(2) T
	398	+	HE STAFF JUDGE ADVOCATE SHALL REVIEW THE RECORD AND26
	399	+	SUBMIT A WRITTEN OPINION TO THE CONVENING AUTHORITY . THE STAFF27
	400	+	279
	401	+	-12- JUDGE ADVOCATE'S OPINION MUST INCLUDE:1
	402	+	(a) C
	403	+	ONCLUSIONS ABOUT WHETHER :2
	404	+	(I) T
	405	+	HE COURT-MARTIAL HAD JURISDICTION OVER THE ACCUSED ;3
	406	+	(II) T
	407	+	HE CHARGE AND SPECIFICATION STATED AN OFFENSE ; AND4
	408	+	(III) T
	409	+	HE SENTENCE WAS WITHIN THE LIMITS PRESCRIBED AS A5
	410	+	MATTER OF LAW;6
	411	+	(b) I
	412	+	F THE ACCUSED MAKES ALLEGATIONS IN WRITING , A RESPONSE7
	413	+	TO EACH ALLEGATION OF ERROR MADE IN WRITING BY THE ACCUSED ; AND8
	414	+	(c) I
	415	+	N AN OPINION ABOUT THE FINDINGS OF A SUMMARY9
	416	+	COURT-MARTIAL, ADVICE TO THE CONVENING AUTHORITY ON THE10
	417	+	SUFFICIENCY OF THE EVIDENCE AS TO EACH FINDING MADE BY THE11
	418	+	SUMMARY COURT-MARTIAL.12
	419	+	(3) A
	420	+	CONVENING AUTHORITY SHALL NOT ACT ON THE FINDINGS OF13
	421	+	OR SENTENCE IMPOSED BY A COURT -MARTIAL BEFORE THE STAFF JUDGE14
	422	+	ADVOCATE REVIEW.15
	423	+	(4) (a) A
	424	+	FTER RECEIVING THE STAFF JUDGE ADVOCATE 'S WRITTEN16
	425	+	OPINION DESCRIBED IN SUBSECTION (2) OF THIS SECTION, THE CONVENING17
	426	+	AUTHORITY OF A GENERAL COURT -MARTIAL OR A SPECIAL18
	427	+	COURT-MARTIAL:19
	428	+	(I) S
	429	+	HALL NOT ACT ON THE FINDINGS OF THE COURT-MARTIAL; AND20
	430	+	(II) M
	431	+	AY ACT AS DESCRIBED IN SUBSECTION (4)(b) OF THIS21
	432	+	SECTION ON THE SENTENCE OF THE COURT -MARTIAL IF:22
	433	+	(A) T
	434	+	HE TOTAL PERIOD OF A SENTENCE TO CONFINEMENT IMPOSED23
	435	+	FOR ALL OFFENSES INVOLVED, RUNNING CONSECUTIVELY, IS LESS THAN24
	436	+	ONE HUNDRED EIGHTY DAYS ; AND25
	437	+	(B) T
	438	+	HE COURT-MARTIAL DID NOT IMPOSE A SENTENCE OF26
	439	+	DISMISSAL OR DISHONORABLE DISCHARGE .27
	440	+	279
	441	+	-13- (b) A CONVENING AUTHORITY ACTING ON A SENTENCE IMPOSED BY1
	442	+	A COURT-MARTIAL PURSUANT TO SUBSECTION (4)(a)(II) OF THIS SECTION2
	443	+	MAY:3
	444	+	(I) A
	445	+	PPROVE THE COURT-MARTIAL'S SENTENCE;4
	446	+	(II) D
	447	+	ISAPPROVE, COMMUTE, OR SUSPEND THE COURT-MARTIAL'S5
	448	+	SENTENCE, IN WHOLE OR IN PART; OR6
	449	+	(III) D
	450	+	ISAPPROVE THE COURT-MARTIAL'S SENTENCE AND ORDER A7
	451	+	REHEARING ON THE SENTENCE .8
	452	+	(c) A
	453	+	FTER APPROPRIATE STAFF JUDGE ADVOCATE REVIEW , THE9
	454	+	CONVENING AUTHORITY OF A SUMMARY COURT -MARTIAL MAY:10
	455	+	(I) A
	456	+	PPROVE THE COURT-MARTIAL'S FINDINGS AND SENTENCE;11
	457	+	(II) D
	458	+	ISMISS ANY CHARGE OR SPECIFICATION BY SETTING ASIDE12
	459	+	THE FINDING OF GUILTY;13
	460	+	(III) C
	461	+	HANGE THE COURT-MARTIAL'S FINDING OF GUILTY OF THE14
	462	+	CHARGE OR SPECIFICATION TO A FINDING OF GUILTY OF A LESSER15
	463	+	INCLUDED OFFENSE;16
	464	+	(IV) D
	465	+	ISAPPROVE THE COURT-MARTIAL'S FINDINGS AND SENTENCE17
	466	+	AND DISMISS THE CHARGE AND SPECIFICATION ;18
	467	+	(V) D
	468	+	ISAPPROVE THE COURT-MARTIAL'S FINDINGS AND SENTENCE19
	469	+	AND ORDER A REHEARING ON THE FINDINGS AND SENTENCE ;20
	470	+	(VI) D
	471	+	ISAPPROVE, COMMUTE, OR SUSPEND THE COURT-MARTIAL'S21
	472	+	SENTENCE, IN WHOLE OR IN PART; OR22
	473	+	(VII) D
	474	+	ISAPPROVE THE COURT-MARTIAL'S SENTENCE AND ORDER23
	475	+	A REHEARING AS TO THE SENTENCE.24
	476	+	(5) I
	477	+	F, PURSUANT TO THIS SECTION, THE CONVENING AUTHORITY25
	478	+	REDUCES, COMMUTES, OR SUSPENDS THE SENTENCE, THE DECISION OF THE26
	479	+	CONVENING AUTHORITY MUST INCLUDE A WRITTEN EXPLANATION OF THE27
	480	+	279
	481	+	-14- REASONS FOR THE ACTION.1
	482	+	(6) T
	483	+	HE CONVENING AUTHORITY SHALL FORWARD ITS FINAL2
	484	+	DECISION TO THE MILITARY JUDGE WHO PRESIDED OVER THE3
	485	+	COURT-MARTIAL AND PROVIDE COPIES OF THE DECISION TO THE ACCUSED4
	486	+	AND TO ANY VICTIM OF THE OFFENSE . THE MILITARY JUDGE SHALL5
	487	+	INCORPORATE THE CONVENING AUTHORITY 'S FINAL DECISION INTO THE6
	488	+	RECORD.7
	489	+	SECTION 14. In Colorado Revised Statutes, 28-3.1-421, amend8
	490	+	(1) introductory portion as follows:9
	491	+	28-3.1-421. Appeal by the state. (1) In a trial by court-martial
322	492		10
323		-	COURT-MARTIAL CONSISTING OF A JUDGE ALONE HAS THE AUTHORITY TO11
324		-	TRY CASES AND IMPOSE PUNISHMENTS AS SET FORTH IN THIS SECTION .12
325		-	SECTION 8. In Colorado Revised Statutes, 28-3.1-205, amend13
326		-	(1) as follows:14
327		-	28-3.1-205. Jurisdiction of summary courts-martial.15
328		-	(1) (a) Summary courts-martial have jurisdiction to try any A person16
329		-	subject to this code, except commissioned officers, warrant officers,17
330		-	cadets, and candidates, AND A PERSON WHO OBJECTS TO TRIAL BY18
331		-	SUMMARY COURT-MARTIAL AS DESCRIBED IN SUBSECTION (1)(b) OF THIS19
332		-	SECTION, for any offense made punishable under this code, EXCEPT FOR20
333		-	CONDUCT THAT CONSTITUTES AN OFFENSE DESCRIBED IN ARTICLE 120 (a),21
334		-	120 (b), 120b (a),
335		-	OR 120b (b) OF THE FEDERAL "UNIFORM CODE OF22
	493	+	or in a trial by military judge only pursuant to section 28-3.1-316 (4) in11
	494	+	which a punitive discharge may be adjudged, The state may SHALL not12
	495	+	appeal a finding of not guilty with respect to the A charge or specification.13
	496	+	In a trial by court-martial in which a punitive discharge may be adjudged,14
	497	+	the state may appeal the following:15
	498	+	SECTION 15. In Colorado Revised Statutes, repeal and reenact,16
	499	+	with amendments, part 5 of article 3.1 of title 28 as follows:17
	500	+	PART 518
	501	+	PUNITIVE ARTICLES19
	502	+	28-3.1-501. Punitive articles of the federal "Uniform Code of20
	503	+	Military Justice" incorporated. P
	504	+	URSUANT TO SECTION 28-3.1-102.5,21
	505	+	THE PUNITIVE ARTICLES, 10 U.S.C. SECS. 877 TO 933, AND THE GENERAL22
	506	+	ARTICLE, 10 U.S.C. SEC. 934, OF THE FEDERAL "UNIFORM CODE OF23
336	507		M
337		-	ILITARY JUSTICE", 10 U.S.C. SEC. 920 (a) AND (b) AND 10 U.S.C. SEC.23
338		-	920b (a)
339		-	AND (b).24
340		-	(b) A
341		-	N ACCUSED PERSON MAY OBJECT TO TRIAL BY A SUMMARY25
342		-	COURT-MARTIAL. IF AN ACCUSED PERSON OBJECTS , A SUMMARY26
343		-	COURT-MARTIAL SHALL NOT TRY THE PERSON AND THE C ONVENING27
	508	+	ILITARY JUSTICE" ARE INCORPORATED INTO THE "COLORADO CODE OF24
	509	+	M
	510	+	ILITARY JUSTICE", THIS ARTICLE 3.1; EXCEPT THAT THE MAXIMUM25
	511	+	PUNISHMENTS AND CLASSIFICATIONS OF OFFENSES SET FORTH IN SECTIONS26
	512	+	28-3.1-402
	513	+	AND 28-3.1-402.5 APPLY TO CONVICTIONS PURSUANT TO THIS27
344	514		279
345		-	-~~10- AUTHORITY,~~ ~~OR OFFICER TO WHOM THE CASE IS REFERRED BY THE1~~
346		-	~~CONVENING AUTHORITY~~, ~~SHALL ORDER THE ACCUSED TRIED BY A GENERAL2~~
347		-	~~COURT-MARTIAL OR SPECIAL COURT-MARTIAL,~~ AS ~~APPROPRIATE.~~3
348		-	~~SECTION 9. In Colorado Revised Statutes,~~ 28-3.1-~~213, amend4~~
349		-	~~(3) as follows:5~~
350		-	~~28-3.1-213. Absent~~ and ~~additional members.~~ ~~(3) E~~
351		-	~~XCEPT FOR6~~
352		-	A ~~LAWFULLY CONVENED SPECIAL COURT -MARTIAL THAT CONSISTS OF A7~~
353		-	~~MILITARY JUDGE ALONE,~~ ~~AS DESCRIBED IN SECTION 28-3.1-201 (2)(b)(II),8~~
354		-	~~whenever a special court-martial~~ ~~is reduced below~~
355		-	TO ~~FEWER THAN three9~~
356		-	~~members,~~ the ~~trial may MUST not proceed unless the convening authority10~~
357		-	~~appoints new members sufficient in number to provide not less than AT11~~
358		-	~~LEAST three members.~~ ~~When the new members have been sworn~~, ~~the trial12~~
359		-	may ~~proceed as if no evidence has WAS previously been introduced,13~~
360		-	~~unless a verbatim record of the testimony of previously examined14~~
361		-	~~witnesses or a stipulation thereof is read to the court~~ in ~~the presence of the15~~
362		-	~~accused and counsel~~.16
363		-	~~SECTION 10~~. ~~In Colorado Revised Statutes~~, ~~amend~~ 28-3.1-~~30117~~
364		-	~~as follows:~~18
365		-	28-3.1-~~301~~. ~~General procedures~~. ~~The procedure GOVERNOR MAY19~~
366		-	~~PRESCRIBE, BY REGULATION , PRETRIAL,~~ ~~TRIAL, AND POST-TRIAL20~~
367		-	~~PROCEDURES~~, ~~including modes of proof~~, ~~in cases before military courts21~~
368		-	~~and other military tribunals.~~ ~~may be prescribed by the governor by22~~
369		-	~~regulation and shall~~ THE ~~PROCEDURES~~, ~~so far as practicable~~, ~~MUST be the23~~
370		-	~~principles~~ of ~~law and~~ the ~~rules of evidence generally recognized in the24~~
371		-	~~trial of criminal cases in~~ the ~~courts of Colorado and in the trial of25~~
372		-	~~courts-martial of~~ the ~~United States,~~ ~~but such procedure may THE26~~
373		-	~~PROCEDURES MUST not be contrary to or inconsistent with this code.27~~
	515	+	-15- ARTICLE 3.1.1
	516	+	SECTION 16. In Colorado Revised Statutes, add 28-3.1-606.52
	517	+	as follows:3
	518	+	28-3.1-606.5. Concurrent jurisdiction with civil authorities. I
	519	+	F4
	520	+	CONCURRENT CIVILIAN AND MILITARY JURISDICTION EXISTS TO PROSECUTE5
	521	+	THE SAME OFFENSE ALLEGEDLY COMMITTED BY A MEMBER OF THE STATE6
	522	+	MILITARY FORCES, AND A DISTRICT ATTORNEY WITH JURISDICTION TO7
	523	+	PROSECUTE THE OFFENSE HAS FILED FELONY CHARGES AGAINST THE8
	524	+	MEMBER PURSUANT TO STATE LAW , THE STATE MILITARY FORCES SHALL9
	525	+	DEFER PROSECUTION OF THE OFFENSE OTHERWISE SUBJECT TO THIS CODE10
	526	+	TO THE DISTRICT ATTORNEY . IF A DISTRICT ATTORNEY DECLINES TO11
	527	+	PURSUE FELONY CHARGES OR
	528	+	DISMISSES CHARGES WITHOUT TRIAL, A12
	529	+	COURT-MARTIAL MAY BE CONVENED AGAINST THE MEMBER IN13
	530	+	ACCORDANCE WITH THIS CODE .14
	531	+	SECTION 17. In Colorado Revised Statutes, repeal 28-3.1-111,15
	532	+	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
	533	+	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
	534	+	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
	535	+	28-3.1-318, 28-3.1-319, and 28-3.1-605.19
	536	+	SECTION 18. Act subject to petition - effective date -20
	537	+	applicability. (1) This act takes effect September 1, 2025; except that,21
	538	+	if a referendum petition is filed pursuant to section 1 (3) of article V of22
	539	+	the state constitution against this act or an item, section, or part of this act23
	540	+	within the ninety-day period after final adjournment of the general24
	541	+	assembly, then the act, item, section, or part will not take effect unless25
	542	+	approved by the people at the general election to be held in November26
	543	+	2026 and, in such case, will take effect on the date of the official27
374	544		279
375		-	-11- SECTION 11. In Colorado Revised Statutes, 28-3.1-306, add (3)1
376		-	as follows:2
377		-	28-3.1-306. Challenges. (3) I
378		-	F THE EXERCISE OF A PEREMPTORY3
379		-	CHALLENGE OR CHALLENGE FOR CAUSE REDUCES THE NUMBER OF4
380		-	MEMBERS TO FEWER THAN THE REQUIRED NUMBER OF MEMBERS FOR THE5
381		-	COURT-MARTIAL AS DESCRIBED IN SECTION 28-1.3-213, THE CONVENING6
382		-	AUTHORITY SHALL APPOINT NEW MEMBERS TO THE COURT -MARTIAL7
383		-	PURSUANT TO SECTION 28-1.3-213.8
384		-	SECTION 12. In Colorado Revised Statutes, repeal and reenact,9
385		-	with amendments, 28-3.1-308 as follows:10
386		-	28-3.1-308. Statute of limitations. T
387		-	HE STATUTE OF LIMITATIONS11
388		-	TO BRING CHARGES FOR AN OFFENSE PURSUANT TO THIS ARTICLE 3.1 IS THE12
389		-	SAME AS IN THE FEDERAL "UNIFORM CODE OF MILITARY JUSTICE".13
390		-	SECTION 13. In Colorado Revised Statutes, amend 28-3.1-40714
391		-	as follows:15
392		-	28-3.1-407. Initial action on the record by convening authority16
393		-	- staff judge advocate review. (1) After a trial by court-martial, the17
394		-	record shall be forwarded
395		-	MILITARY JUDGE WHO PRESIDED OVER THE18
396		-	COURT-MARTIAL SHALL FORWARD THE RECORD OF THE COURT -MARTIAL19
397		-	to the convening authority. as reviewing authority, and action thereon20
398		-	may be taken by the person who convened the court, a commissioned21
399		-	officer commanding for the time being, a successor in command, or the22
400		-	governor. The reviewer may approve the sentence or such part, amount,23
401		-	or commuted form of the sentence as he or she sees fit and may suspend24
402		-	or defer the execution of the sentence. UPON RECEIPT OF THE RECORD OF25
403		-	THE COURT-MARTIAL, THE CONVENING AUTHORITY SHALL FORWARD THE26
404		-	RECORD TO THE STAFF JUDGE ADVOCATE DESIGNATED BY THE STATE27
405		-	279
406		-	-12- JUDGE ADVOCATE GENERAL .1
407		-	(2) T
408		-	HE STAFF JUDGE ADVOCATE SHALL REVIEW THE RECORD AND2
409		-	SUBMIT A WRITTEN OPINION TO THE CONVENING AUTHORITY . THE STAFF3
410		-	JUDGE ADVOCATE'S OPINION MUST INCLUDE:4
411		-	(a) C
412		-	ONCLUSIONS ABOUT WHETHER :5
413		-	(I) T
414		-	HE COURT-MARTIAL HAD JURISDICTION OVER THE ACCUSED ;6
415		-	(II) T
416		-	HE CHARGE AND SPECIFICATION STATED AN OFFENSE ; AND7
417		-	(III) T
418		-	HE SENTENCE WAS WITHIN THE LIMITS PRESCRIBED AS A8
419		-	MATTER OF LAW;9
420		-	(b) I
421		-	F THE ACCUSED MAKES ALLEGATIONS IN WRITING , A RESPONSE10
422		-	TO EACH ALLEGATION OF ERROR MADE IN WRITING BY THE ACCUSED ; AND11
423		-	(c) I
424		-	N AN OPINION ABOUT THE FINDINGS OF A SUMMARY12
425		-	COURT-MARTIAL, ADVICE TO THE CONVENING AUTHORITY ON THE13
426		-	SUFFICIENCY OF THE EVIDENCE AS TO EACH FINDING MADE BY THE14
427		-	SUMMARY COURT-MARTIAL.15
428		-	(3) A
429		-	CONVENING AUTHORITY SHALL NOT ACT ON THE FINDINGS OF16
430		-	OR SENTENCE IMPOSED BY A COURT -MARTIAL BEFORE THE STAFF JUDGE17
431		-	ADVOCATE REVIEW.18
432		-	(4) (a) A
433		-	FTER RECEIVING THE STAFF JUDGE ADVOCATE 'S WRITTEN19
434		-	OPINION DESCRIBED IN SUBSECTION (2) OF THIS SECTION, THE CONVENING20
435		-	AUTHORITY OF A GENERAL COURT -MARTIAL OR A SPECIAL21
436		-	COURT-MARTIAL:22
437		-	(I) S
438		-	HALL NOT ACT ON THE FINDINGS OF THE COURT-MARTIAL; AND23
439		-	(II) M
440		-	AY ACT AS DESCRIBED IN SUBSECTION (4)(b) OF THIS24
441		-	SECTION ON THE SENTENCE OF THE COURT -MARTIAL IF:25
442		-	(A) T
443		-	HE TOTAL PERIOD OF A SENTENCE TO CONFINEMENT IMPOSED26
444		-	FOR ALL OFFENSES INVOLVED, RUNNING CONSECUTIVELY, IS LESS THAN27
445		-	279
446		-	-13- ONE HUNDRED EIGHTY DAYS ; AND1
447		-	(B) T
448		-	HE COURT-MARTIAL DID NOT IMPOSE A SENTENCE OF2
449		-	DISMISSAL OR DISHONORABLE DISCHARGE .3
450		-	(b) A
451		-	CONVENING AUTHORITY ACTING ON A SENTENCE IMPOSED BY4
452		-	A COURT-MARTIAL PURSUANT TO SUBSECTION (4)(a)(II) OF THIS SECTION5
453		-	MAY:6
454		-	(I) A
455		-	PPROVE THE COURT-MARTIAL'S SENTENCE;7
456		-	(II) D
457		-	ISAPPROVE, COMMUTE, OR SUSPEND THE COURT-MARTIAL'S8
458		-	SENTENCE, IN WHOLE OR IN PART; OR9
459		-	(III) D
460		-	ISAPPROVE THE COURT-MARTIAL'S SENTENCE AND ORDER A10
461		-	REHEARING ON THE SENTENCE .11
462		-	(c) A
463		-	FTER APPROPRIATE STAFF JUDGE ADVOCATE REVIEW , THE12
464		-	CONVENING AUTHORITY OF A SUMMARY COURT -MARTIAL MAY:13
465		-	(I) A
466		-	PPROVE THE COURT-MARTIAL'S FINDINGS AND SENTENCE;14
467		-	(II) D
468		-	ISMISS ANY CHARGE OR SPECIFICATION BY SETTING ASIDE15
469		-	THE FINDING OF GUILTY;16
470		-	(III) C
471		-	HANGE THE COURT-MARTIAL'S FINDING OF GUILTY OF THE17
472		-	CHARGE OR SPECIFICATION TO A FINDING OF GUILTY OF A LESSER18
473		-	INCLUDED OFFENSE;19
474		-	(IV) D
475		-	ISAPPROVE THE COURT-MARTIAL'S FINDINGS AND SENTENCE20
476		-	AND DISMISS THE CHARGE AND SPECIFICATION ;21
477		-	(V) D
478		-	ISAPPROVE THE COURT-MARTIAL'S FINDINGS AND SENTENCE22
479		-	AND ORDER A REHEARING ON THE FINDINGS AND SENTENCE ;23
480		-	(VI) D
481		-	ISAPPROVE, COMMUTE, OR SUSPEND THE COURT-MARTIAL'S24
482		-	SENTENCE, IN WHOLE OR IN PART; OR25
483		-	(VII) D
484		-	ISAPPROVE THE COURT-MARTIAL'S SENTENCE AND ORDER26
485		-	A REHEARING AS TO THE SENTENCE.27
486		-	279
487		-	-14- (5) IF, PURSUANT TO THIS SECTION, THE CONVENING AUTHORITY1
488		-	REDUCES, COMMUTES, OR SUSPENDS THE SENTENCE, THE DECISION OF THE2
489		-	CONVENING AUTHORITY MUST INCLUDE A WRITTEN EXPLANATION OF THE3
490		-	REASONS FOR THE ACTION.4
491		-	(6) T
492		-	HE CONVENING AUTHORITY SHALL FORWARD ITS FINAL5
493		-	DECISION TO THE MILITARY JUDGE WHO PRESIDED OVER THE6
494		-	COURT-MARTIAL AND PROVIDE COPIES OF THE DECISION TO THE ACCUSED7
495		-	AND TO ANY VICTIM OF THE OFFENSE . THE MILITARY JUDGE SHALL8
496		-	INCORPORATE THE CONVENING AUTHORITY 'S FINAL DECISION INTO THE9
497		-	RECORD.10
498		-	SECTION 14. In Colorado Revised Statutes, 28-3.1-421, amend11
499		-	(1) introductory portion as follows:12
500		-	28-3.1-421. Appeal by the state. (1) In a trial by court-martial
501		-	13
502		-	or in a trial by military judge only pursuant to section 28-3.1-316 (4) in14
503		-	which a punitive discharge may be adjudged, The state may SHALL not15
504		-	appeal a finding of not guilty with respect to the A charge or specification.16
505		-	In a trial by court-martial in which a punitive discharge may be adjudged,17
506		-	the state may appeal the following:18
507		-	SECTION 15. In Colorado Revised Statutes, repeal and reenact,19
508		-	with amendments, part 5 of article 3.1 of title 28 as follows:20
509		-	PART 521
510		-	PUNITIVE ARTICLES22
511		-	28-3.1-501. Punitive articles of the federal "Uniform Code of23
512		-	Military Justice" incorporated. P
513		-	URSUANT TO SECTION 28-3.1-102.5,24
514		-	THE PUNITIVE ARTICLES, 10 U.S.C. SECS. 877 TO 933, AND THE GENERAL25
515		-	ARTICLE, 10 U.S.C. SEC. 934, OF THE FEDERAL "UNIFORM CODE OF26
516		-	M
517		-	ILITARY JUSTICE" ARE INCORPORATED INTO THE "COLORADO CODE OF27
518		-	279
519		-	-15- MILITARY JUSTICE", THIS ARTICLE 3.1; EXCEPT THAT THE MAXIMUM1
520		-	PUNISHMENTS AND CLASSIFICATIONS OF OFFENSES SET FORTH IN SECTIONS2
521		-	28-3.1-402
522		-	AND 28-3.1-402.5 APPLY TO CONVICTIONS PURSUANT TO THIS3
523		-	ARTICLE 3.1.4
524		-	SECTION 16. In Colorado Revised Statutes, add 28-3.1-606.55
525		-	as follows:6
526		-	28-3.1-606.5. Concurrent jurisdiction with civil authorities. I
527		-	F7
528		-	CONCURRENT CIVILIAN AND MILITARY JURISDICTION EXISTS TO PROSECUTE8
529		-	THE SAME OFFENSE ALLEGEDLY COMMITTED BY A MEMBER OF THE STATE9
530		-	MILITARY FORCES, AND A DISTRICT ATTORNEY WITH JURISDICTION TO10
531		-	PROSECUTE THE OFFENSE HAS FILED FELONY CHARGES AGAINST THE11
532		-	MEMBER PURSUANT TO STATE LAW , THE STATE MILITARY FORCES SHALL12
533		-	DEFER PROSECUTION OF THE OFFENSE OTHERWISE SUBJECT TO THIS CODE13
534		-	TO THE DISTRICT ATTORNEY . IF A DISTRICT ATTORNEY DECLINES TO14
535		-	PURSUE FELONY CHARGES OR
536		-	DISMISSES CHARGES WITHOUT TRIAL, A15
537		-	COURT-MARTIAL MAY BE CONVENED AGAINST THE MEMBER IN16
538		-	ACCORDANCE WITH THIS CODE .17
539		-	SECTION 17. In Colorado Revised Statutes, repeal 28-3.1-111,18
540		-	28-3.1-112, 28-3.1-113, 28-3.1-214, 28-3.1-215, 28-3.1-216, 28-3.1-217,19
541		-	28-3.1-218, 28-3.1-219, 28-3.1-302, 28-3.1-304, 28-3.1-305, 28-3.1-307,20
542		-	28-3.1-309, 28-3.1-310, 28-3.1-314, 28-3.1-315, 28-3.1-316, 28-3.1-317,21
543		-	28-3.1-318, 28-3.1-319, and 28-3.1-605.22
544		-	SECTION 18. Act subject to petition - effective date -23
545		-	applicability. (1) This act takes effect September 1, 2025; except that,24
546		-	if a referendum petition is filed pursuant to section 1 (3) of article V of25
547		-	the state constitution against this act or an item, section, or part of this act26
548		-	within the ninety-day period after final adjournment of the general27
549		-	279
550		-	-16- assembly, then the act, item, section, or part will not take effect unless1
551		-	approved by the people at the general election to be held in November2
552		-	2026 and, in such case, will take effect on the date of the official3
553		-	declaration of the vote thereon by the governor.4
554		-	(2) This act applies to offenses committed on or after the5
555		-	applicable effective date of this act.6
	545	+	-16- declaration of the vote thereon by the governor.1
	546	+	(2) This act applies to offenses committed on or after the2
	547	+	applicable effective date of this act.3
556	548		279
557	549		-17-