First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted 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 3rd Reading
April 14, 2025
SENATE
Amended 2nd Reading
April 11, 2025
SENATE SPONSORSHIP
Ball and Pelton B., Roberts, Coleman, Cutter, Exum, Gonzales J., Jodeh, Kipp, Michaelson
Jenet, Mullica, Snyder, Wallace, Weissman, Winter F.
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, amend
2
(20); and add (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
(20) "State military forces" means the National Guard of this state10
as defined in section 28-3-101 (12), and any other militia or military11
forces organized under the laws of the state.12
(21.5) "U
NIFORM CODE OF MILITARY JUSTICE" MEANS THE13
FEDERAL "UNIFORM CODE OF MILITARY JUSTICE", 10 U.S.C. SEC. 801 ET14
SEQ.15
SECTION 2. In Colorado Revised Statutes, add 28-3.1-102.5 as16
279-2- follows:1
28-3.1-102.5. Construction of code - incorporation of federal2
"Uniform Code of Military Justice" - references to regulations -3
legislative intent. (1) T
HE GENERAL ASSEMBLY INTENDS THAT THE STATE4
MILITARY FORCES BE REGULATED IN A MANNER CONSISTENT WITH THE5
REGULATION OF THE ARMED FORCES OF THE UNITED STATES AND THAT6
THE "COLORADO CODE OF MILITARY JUSTICE" ENACTED IN THIS ARTICLE7
3.1
BE CONSTRUED CONSISTENT WITH THIS PURPOSE .8
(2) (a) T
HE FEDERAL "UNIFORM CODE OF MILITARY JUSTICE",9
FEDERAL RULES ADOPTED PURSUANT TO THE FEDERAL "UNIFORM CODE OF10
M
ILITARY JUSTICE", AND THE MANUAL FOR COURTS -MARTIAL UNITED11
S
TATES PUBLISHED BY THE FEDERAL DEPARTMENT OF DEFENSE ARE12
INCORPORATED INTO THE "COLORADO CODE OF MILITARY JUSTICE", THIS13
ARTICLE 3.1, AND GOVERN AND ARE APPLICABLE TO THE STATE MILITARY14
FORCES, INCLUDING THE COLORADO NATIONAL GUARD, EXCEPT AS15
OTHERWISE PROVIDED IN THIS ARTICLE 3.1 AND REGULATIONS ADOPTED16
BY THE GOVERNOR.17
(b) F
OR THE PURPOSES OF THIS ARTICLE 3.1, REFERENCES IN THE18
FEDERAL "UNIFORM CODE OF MILITARY JUSTICE", FEDERAL RULES19
ADOPTED PURSUANT TO THE "UNIFORM CODE OF MILITARY JUSTICE", AND20
THE MANUAL FOR COURTS-MARTIAL UNITED STATES TO:21
(I) T
HE PRESIDENT OF THE UNITED STATES MEANS THE GOVERNOR ,22
AND THE DUTIES, FUNCTIONS, AND AUTHORITY OF THE PRESIDENT ARE23
ATTRIBUTABLE TO THE GOVERNOR ;24
(II) T
HE SECRETARY OR SECRETARY CONCERNED MEANS THE25
ADJUTANT GENERAL OF THIS STATE , AND THE DUTIES, FUNCTIONS, AND26
AUTHORITY OF THE SECRETARY OR SECRETARY CONCERNED ARE27
279
-3- ATTRIBUTABLE TO THE ADJUTANT GENERAL ; AND1
(III) T
HE ARMED FORCES, THE ARMY OF THE UNITED STATES, THE2
U
NITED STATES AIR FORCE, OR SIMILAR MILITARY ORGANIZATIONS3
INCLUDES MILITARY, MILITARY FORCES, THE MILITARY SERVICES, AND4
STATE MILITARY FORCES.5
(3) R
EFERENCES IN THIS ARTICLE 3.1 TO THE GOVERNOR 'S6
REGULATIONS INCLUDE REGULATIONS PREPARED BY THE ADJUTANT7
GENERAL AND APPROVED BY THE GOVERNOR PURSUANT TO SECTION8
28-3-106 (1)(j).9
SECTION 3. In Colorado Revised Statutes, amend 28-3.1-10310
as follows:11
28-3.1-103. Persons subject to this code. This code applies to all12
members of the state military forces
AT ALL TIMES; EXCEPT THAT THIS13
CODE DOES NOT APPLY TO A MEMBER OF THE STATE MILITARY FORCES14
WHILE ORDERED TO ACTIVE FEDERAL SERVICE PURSUANT TO TITLE 10 OF15
THE UNITED STATES CODE.16
SECTION 4. In Colorado Revised Statutes, 28-3.1-114, amend17
(1), (2) introductory portion, (2)(a) introductory portion, (2)(a)(III),18
(2)(a)(IV), (2)(a)(V), (2)(b) introductory portion, (2)(b)(IV), (2)(b)(V),19
(4.4), and (4.7); repeal (2)(a)(I), (2)(b)(I), and (2.5); and add (2)(a)(VI),20
(2)(b)(VI), and (2)(b)(VII) as follows:21
28-3.1-114. Commanding officer's nonjudicial punishment.22
(1) (a) Punishment may be imposed for any offense cognizable by a23
court-martial upon any member of the state military forces under this24
section. Under such regulations as
The governor may, BY REGULATION,25
prescribe limitations may be placed on the powers granted by IN this26
section with respect to:27
279
-4- (I) The kind and amount of punishment authorized, THE1
SUSPENSION OF PUNISHMENT, and the levels of commanding officers and2
warrant officers exercising command authorized to exercise those powers;3
AND4
(II) T
HE KINDS OF COURTS-MARTIAL TO WHICH A CASE MAY BE5
REFERRED UPON A DEMAND FOR A TRIAL BY COURT -MARTIAL BY THE6
ACCUSED MEMBER OF THE STATE MILITARY FORCES .7
(b) E
XCEPT IN THE CASE OF THE IMPOSITION OF FINES UPON8
OFFICERS AND WARRANT OFFICERS , PUNISHMENT MUST NOT BE IMPOSED9
UPON A MEMBER OF THE STATE MILITARY FORCES PURSUANT TO THIS10
SECTION IF THE MEMBER HAS, BEFORE THE IMPOSITION OF PUNISHMENT ,11
DEMANDED TRIAL BY COURT -MARTIAL IN LIEU OF PUNISHMENT.12
(c) If authorized by regulations of the governor, the governor or
13
an officer of general rank in command A COMMANDING OFFICER WHO ,14
PURSUANT TO THIS CODE , IS AUTHORIZED TO EXERCISE GENERAL15
COURT-MARTIAL JURISDICTION OR AN OFFICER OF GENERAL RANK IN16
COMMAND may delegate his or her THE OFFICER'S powers under17
PURSUANT TO this section to a principal assistant. If subject to disciplinary18
punishment, the accused must be afforded the opportunity to be19
represented by defense counsel having the qualifications prescribed under20
section 28-3.1-102 (10), if available. Otherwise, the accused must be21
afforded the opportunity to be represented by any available commissioned22
officer of his or her choice. The accused may also employ civilian counsel23
of his or her own choosing at his or her own expense. In all proceedings,24
the accused is allowed three duty days, or longer on written justification,25
to reply to the notification of intent to impose punishment under this26
section.27
279
-5- (2) Subject to subsection (1) of this section, any A commanding1
officer may, in addition to or in lieu of admonition or
PUNITIVE2
reprimand, impose one or more of the following disciplinary punishments3
without the intervention of a court-martial:4
(a) Upon an
A COMMISSIONED OR WARRANT officer of his or her5
THE COMMANDING OFFICER 'S command:6
(I) Withholding of privileges for not more than two weeks, which7
need not be consecutive;8
(III) If imposed by the governor, the adjutant general, or a9
commanding officer of the Army or National Guard, A fine or forfeiture10
of pay and allowance ALLOWANCES of not more than the amount of pay11
and allowance ALLOWANCES received for two FOUR unit training12
assemblies or two FOUR days of annual training, whichever is applicable13
according to duty status;14
(IV) An admonition; or15
(V) A reprimand;
OR16
(VI) I
F IMPOSED BY A COMMANDING OFFICER WHO HAS THE17
AUTHORITY TO EXERCISE GENERAL COURT -MARTIAL JURISDICTION OR AN18
OFFICER OF GENERAL OR FLAG RANK IN COMMAND :19
(A) A
RREST IN QUARTERS FOR NOT MORE THAN THIRTY20
CONSECUTIVE DAYS; OR21
(B) R
ESTRICTION TO CERTAIN SPECIFIED LIMITS, WITH OR WITHOUT22
SUSPENSION FROM DUTY , FOR NOT MORE THAN THIRTY CONSECUTIVE23
DAYS;24
(b) Upon other military personnel of his or her
THE COMMANDING25
OFFICER'S command:26
(I) Withholding of privileges for not more than two weeks, which27
279
-6- need not be consecutive;1
(IV) Reduction to next inferior grade if the grade from which he2
or she was demoted was established by the command or an equivalent or3
lower command; or IN RANK, AS AUTHORIZED BY REGULATIONS ADOPTED4
BY THE GOVERNOR;5
(V) A fine of any amount up to the maximum pay and allowances6
received for two OR FORFEITURE OF PAY AND ALLOWANCES OF NOT MORE7
THAN FOUR unit training assemblies or two FOUR days of annual training,8
whichever is applicable according to duty status;9
(VI) A
N ADMONITION; OR10
(VII) A
REPRIMAND.11
(2.5) If the commanding officer is of field grade, grade of O-4 or
12
rank of major or above, he or she may impose on an enlisted member any13
one or a combination of the following disciplinary punishments without14
the intervention of a court-martial:15
(a) Any of the punishments stated in subsections (2)(b)(I) to16
(2)(b)(III) of this section;17
(b) A fine of any amount up to the maximum pay and allowances18
received for two unit training assemblies or two days of annual training,19
whichever is applicable according to duty status;20
(c) Reduction to the lowest or any intermediate pay grade, if the21
current grade from which he or she is demoted is within the promotion22
authority of the officer imposing the reduction or an officer subordinate23
to the one imposing the reduction, but enlisted members in military grades24
above E-4 may not be reduced by more than two military grades.25
(4.4) Maximum allowable punishments, of withholding of26
privileges, restrictions, and extra duties may MUST not be combined to run27
279
-7- consecutively.1
(4.7) The officer who imposes the punishment pursuant to this2
section, or the successor in command, may, at any time, suspend, set3
aside, mitigate, or remit any part or amount of the punishment and restore4
all rights, privileges, and property affected. The officer also may:5
(a) Mitigate reduction in grade to forfeiture of pay;6
(b) Mitigate arrest in quarters to restriction; or7
(c) Mitigate extra duties to restriction.8
SECTION 5. In Colorado Revised Statutes, 28-3.1-201, amend9
(2)(b) as follows:10
28-3.1-201. Courts-martial - jurisdiction - composition.11
(2) The three kinds of courts-martial are:12
(b) Special courts-martial,
WHICH ARE EITHER OF THE FOLLOWING13
TYPES:14
(I) A
SPECIAL COURT-MARTIAL consisting of a military judge and15
not less than three members. or
A SPECIAL COURT-MARTIAL CONSISTING16
OF A MILITARY JUDGE AND NOT LESS THAN THREE MEMBERS AS DESCRIBED17
IN THIS SUBSECTION (2)(b)(I) IS SUBJECT TO SECTION 28-3.1-204 (2)(a)(I)18
AND (2)(b) AND ANY LIMITATIONS PRESCRIBED IN REGULATION .19
(II) A
SPECIAL COURT-MARTIAL consisting of only a military20
judge, if the accused so requests under the same conditions as those21
prescribed in paragraph (a) of this subsection (2)
SUBSECTION (2)(a) OF22
THIS SECTION OR IF THE CASE IS SO REFERRED BY THE CONVENING23
AUTHORITY. A SPECIAL COURT-MARTIAL CONSISTING OF ONLY A MILITARY24
JUDGE AS DESCRIBED IN THIS SUBSECTION (2)(b)(II) IS SUBJECT TO25
SECTION 28-3.1-204 (2)(a)(II) AND (2)(b) AND ANY LIMITATIONS26
PRESCRIBED IN REGULATION.27
279
-8- SECTION 6. In Colorado Revised Statutes, 28-3.1-203, amend1
(1) introductory portion, (1)(a), (1)(e), and (1)(f) as follows:2
28-3.1-203. Jurisdiction of general courts-martial. (1) General3
courts-martial have jurisdiction to try persons subject to this code for any4
AN offense punishable under this code and may adjudge any of the5
following punishments:6
(a) Confinement for not more than two FIVE years, unless7
otherwise specified in this code;8
(e) Dismissal, or dishonorable discharge, OR BAD CONDUCT9
DISCHARGE;10
(f) Reduction of a noncommissioned officer ENLISTED PERSONNEL11
to any inferior grade; or12
SECTION 7. In Colorado Revised Statutes, amend 28-3.1-20413
as follows:14
28-3.1-204. Jurisdiction of special courts-martial. (1) Special15
courts-martial have jurisdiction to try any A person subject to this code for16
any AN offense punishable under this code, EXCEPT FOR CONDUCT THAT17
CONSTITUTES AN OFFENSE DESCRIBED IN ARTICLE 120 (a), 120 (b), 120b18
(a),
OR 120b (b) OF THE FEDERAL "UNIFORM CODE OF MILITARY JUSTICE",19
10
U.S.C. SEC. 920 (a) AND (b) AND 10 U.S.C. SEC. 920b (a) AND (b).20
(2) A special court-martial has the same powers of punishment as21
a general court-martial,
INCLUDING THE AUTHORITY TO ORDER A BAD22
CONDUCT DISCHARGE; except that:23
(a) (I) confinement may not be more than ninety days and
A24
SPECIAL COURT-MARTIAL THAT DOES NOT CONSIST OF A MILITARY JUDGE25
ALONE, AS DESCRIBED IN SECTION 28-3.1-201 (2)(b)(I), SHALL NOT IMPOSE26
CONFINEMENT FOR MORE THAN ONE HUNDRED EIGHTY DAYS AND SHALL27
279
-9- NOT ORDER A DISMISSAL OR DISHONORABLE DISCHARGE ; AND1
(II) A
SPECIAL COURT-MARTIAL THAT CONSISTS OF A MILITARY2
JUDGE ALONE PURSUANT TO SECTION 28-3.1-201 (2)(b)(II) SHALL NOT3
IMPOSE CONFINEMENT FOR MORE THAN NINETY DAYS AND SHALL NOT4
ORDER A DISMISSAL OR DISHONORABLE DISCHARGE ; AND5
(b) The fine or forfeiture of pay and allowances imposed by a6
special court-martial may
MUST not be more than the maximum pay and7
allowances received for six unit training assemblies or six days of annual8
training, whichever is applicable according to duty status.9
(3) N
OTWITHSTANDING SECTION 16-10-101, A SPECIAL
10
COURT-MARTIAL CONSISTING OF A JUDGE ALONE HAS THE AUTHORITY TO11
TRY CASES AND IMPOSE PUNISHMENTS AS SET FORTH IN THIS SECTION .12
SECTION 8. In Colorado Revised Statutes, 28-3.1-205, amend13
(1) as follows:14
28-3.1-205. Jurisdiction of summary courts-martial.15
(1) (a) Summary courts-martial have jurisdiction to try any A person16
subject to this code, except commissioned officers, warrant officers,17
cadets, and candidates, AND A PERSON WHO OBJECTS TO TRIAL BY18
SUMMARY COURT-MARTIAL AS DESCRIBED IN SUBSECTION (1)(b) OF THIS19
SECTION, for any offense made punishable under this code, EXCEPT FOR20
CONDUCT THAT CONSTITUTES AN OFFENSE DESCRIBED IN ARTICLE 120 (a),21
120 (b), 120b (a),
OR 120b (b) OF THE FEDERAL "UNIFORM CODE OF22
M
ILITARY JUSTICE", 10 U.S.C. SEC. 920 (a) AND (b) AND 10 U.S.C. SEC.23
920b (a)
AND (b).24
(b) A
N ACCUSED PERSON MAY OBJECT TO TRIAL BY A SUMMARY25
COURT-MARTIAL. IF AN ACCUSED PERSON OBJECTS , A SUMMARY26
COURT-MARTIAL SHALL NOT TRY THE PERSON AND THE C ONVENING27
279
-10- AUTHORITY, OR OFFICER TO WHOM THE CASE IS REFERRED BY THE1
CONVENING AUTHORITY, SHALL ORDER THE ACCUSED TRIED BY A GENERAL2
COURT-MARTIAL OR SPECIAL COURT-MARTIAL, AS APPROPRIATE.3
SECTION 9. In Colorado Revised Statutes, 28-3.1-213, amend4
(3) as follows:5
28-3.1-213. Absent and additional members. (3) E
XCEPT FOR6
A LAWFULLY CONVENED SPECIAL COURT -MARTIAL THAT CONSISTS OF A7
MILITARY JUDGE ALONE, AS DESCRIBED IN SECTION 28-3.1-201 (2)(b)(II),8
whenever a special court-martial is reduced below
TO FEWER THAN three9
members, the trial may MUST not proceed unless the convening authority10
appoints new members sufficient in number to provide not less than AT11
LEAST three members. When the new members have been sworn, the trial12
may proceed as if no evidence has WAS previously been introduced,13
unless a verbatim record of the testimony of previously examined14
witnesses or a stipulation thereof is read to the court in the presence of the15
accused and counsel.16
SECTION 10. In Colorado Revised Statutes, amend 28-3.1-30117
as follows:18
28-3.1-301. General procedures. The procedure GOVERNOR MAY19
PRESCRIBE, BY REGULATION , PRETRIAL, TRIAL, AND POST-TRIAL20
PROCEDURES, including modes of proof, in cases before military courts21
and other military tribunals. may be prescribed by the governor by22
regulation and shall THE PROCEDURES, so far as practicable, MUST be the23
principles of law and the rules of evidence generally recognized in the24
trial of criminal cases in the courts of Colorado and in the trial of25
courts-martial of the United States, but such procedure may THE26
PROCEDURES MUST not be contrary to or inconsistent with this code.27
279
-11- SECTION 11. In Colorado Revised Statutes, 28-3.1-306, add (3)1
as follows:2
28-3.1-306. Challenges. (3) I
F THE EXERCISE OF A PEREMPTORY3
CHALLENGE OR CHALLENGE FOR CAUSE REDUCES THE NUMBER OF4
MEMBERS TO FEWER THAN THE REQUIRED NUMBER OF MEMBERS FOR THE5
COURT-MARTIAL AS DESCRIBED IN SECTION 28-1.3-213, THE CONVENING6
AUTHORITY SHALL APPOINT NEW MEMBERS TO THE COURT -MARTIAL7
PURSUANT TO SECTION 28-1.3-213.8
SECTION 12. In Colorado Revised Statutes, repeal and reenact,9
with amendments, 28-3.1-308 as follows:10
28-3.1-308. Statute of limitations. T
HE STATUTE OF LIMITATIONS11
TO BRING CHARGES FOR AN OFFENSE PURSUANT TO THIS ARTICLE 3.1 IS THE12
SAME AS IN THE FEDERAL "UNIFORM CODE OF MILITARY JUSTICE".13
SECTION 13. In Colorado Revised Statutes, amend 28-3.1-40714
as follows:15
28-3.1-407. Initial action on the record by convening authority16
- staff judge advocate review. (1) After a trial by court-martial, the17
record shall be forwarded
MILITARY JUDGE WHO PRESIDED OVER THE18
COURT-MARTIAL SHALL FORWARD THE RECORD OF THE COURT -MARTIAL19
to the convening authority. as reviewing authority, and action thereon20
may be taken by the person who convened the court, a commissioned21
officer commanding for the time being, a successor in command, or the22
governor. The reviewer may approve the sentence or such part, amount,23
or commuted form of the sentence as he or she sees fit and may suspend24
or defer the execution of the sentence. UPON RECEIPT OF THE RECORD OF25
THE COURT-MARTIAL, THE CONVENING AUTHORITY SHALL FORWARD THE26
RECORD TO THE STAFF JUDGE ADVOCATE DESIGNATED BY THE STATE27
279
-12- JUDGE ADVOCATE GENERAL .1
(2) T
HE STAFF JUDGE ADVOCATE SHALL REVIEW THE RECORD AND2
SUBMIT A WRITTEN OPINION TO THE CONVENING AUTHORITY . THE STAFF3
JUDGE ADVOCATE'S OPINION MUST INCLUDE:4
(a) C
ONCLUSIONS ABOUT WHETHER :5
(I) T
HE COURT-MARTIAL HAD JURISDICTION OVER THE ACCUSED ;6
(II) T
HE CHARGE AND SPECIFICATION STATED AN OFFENSE ; AND7
(III) T
HE SENTENCE WAS WITHIN THE LIMITS PRESCRIBED AS A8
MATTER OF LAW;9
(b) I
F THE ACCUSED MAKES ALLEGATIONS IN WRITING , A RESPONSE10
TO EACH ALLEGATION OF ERROR MADE IN WRITING BY THE ACCUSED ; AND11
(c) I
N AN OPINION ABOUT THE FINDINGS OF A SUMMARY12
COURT-MARTIAL, ADVICE TO THE CONVENING AUTHORITY ON THE13
SUFFICIENCY OF THE EVIDENCE AS TO EACH FINDING MADE BY THE14
SUMMARY COURT-MARTIAL.15
(3) A
CONVENING AUTHORITY SHALL NOT ACT ON THE FINDINGS OF16
OR SENTENCE IMPOSED BY A COURT -MARTIAL BEFORE THE STAFF JUDGE17
ADVOCATE REVIEW.18
(4) (a) A
FTER RECEIVING THE STAFF JUDGE ADVOCATE 'S WRITTEN19
OPINION DESCRIBED IN SUBSECTION (2) OF THIS SECTION, THE CONVENING20
AUTHORITY OF A GENERAL COURT -MARTIAL OR A SPECIAL21
COURT-MARTIAL:22
(I) S
HALL NOT ACT ON THE FINDINGS OF THE COURT-MARTIAL; AND23
(II) M
AY ACT AS DESCRIBED IN SUBSECTION (4)(b) OF THIS24
SECTION ON THE SENTENCE OF THE COURT -MARTIAL IF:25
(A) T
HE TOTAL PERIOD OF A SENTENCE TO CONFINEMENT IMPOSED26
FOR ALL OFFENSES INVOLVED, RUNNING CONSECUTIVELY, IS LESS THAN27
279
-13- ONE HUNDRED EIGHTY DAYS ; AND1
(B) T
HE COURT-MARTIAL DID NOT IMPOSE A SENTENCE OF2
DISMISSAL OR DISHONORABLE DISCHARGE .3
(b) A
CONVENING AUTHORITY ACTING ON A SENTENCE IMPOSED BY4
A COURT-MARTIAL PURSUANT TO SUBSECTION (4)(a)(II) OF THIS SECTION5
MAY:6
(I) A
PPROVE THE COURT-MARTIAL'S SENTENCE;7
(II) D
ISAPPROVE, COMMUTE, OR SUSPEND THE COURT-MARTIAL'S8
SENTENCE, IN WHOLE OR IN PART; OR9
(III) D
ISAPPROVE THE COURT-MARTIAL'S SENTENCE AND ORDER A10
REHEARING ON THE SENTENCE .11
(c) A
FTER APPROPRIATE STAFF JUDGE ADVOCATE REVIEW , THE12
CONVENING AUTHORITY OF A SUMMARY COURT -MARTIAL MAY:13
(I) A
PPROVE THE COURT-MARTIAL'S FINDINGS AND SENTENCE;14
(II) D
ISMISS ANY CHARGE OR SPECIFICATION BY SETTING ASIDE15
THE FINDING OF GUILTY;16
(III) C
HANGE THE COURT-MARTIAL'S FINDING OF GUILTY OF THE17
CHARGE OR SPECIFICATION TO A FINDING OF GUILTY OF A LESSER18
INCLUDED OFFENSE;19
(IV) D
ISAPPROVE THE COURT-MARTIAL'S FINDINGS AND SENTENCE20
AND DISMISS THE CHARGE AND SPECIFICATION ;21
(V) D
ISAPPROVE THE COURT-MARTIAL'S FINDINGS AND SENTENCE22
AND ORDER A REHEARING ON THE FINDINGS AND SENTENCE ;23
(VI) D
ISAPPROVE, COMMUTE, OR SUSPEND THE COURT-MARTIAL'S24
SENTENCE, IN WHOLE OR IN PART; OR25
(VII) D
ISAPPROVE THE COURT-MARTIAL'S SENTENCE AND ORDER26
A REHEARING AS TO THE SENTENCE.27
279
-14- (5) IF, PURSUANT TO THIS SECTION, THE CONVENING AUTHORITY1
REDUCES, COMMUTES, OR SUSPENDS THE SENTENCE, THE DECISION OF THE2
CONVENING AUTHORITY MUST INCLUDE A WRITTEN EXPLANATION OF THE3
REASONS FOR THE ACTION.4
(6) T
HE CONVENING AUTHORITY SHALL FORWARD ITS FINAL5
DECISION TO THE MILITARY JUDGE WHO PRESIDED OVER THE6
COURT-MARTIAL AND PROVIDE COPIES OF THE DECISION TO THE ACCUSED7
AND TO ANY VICTIM OF THE OFFENSE . THE MILITARY JUDGE SHALL8
INCORPORATE THE CONVENING AUTHORITY 'S FINAL DECISION INTO THE9
RECORD.10
SECTION 14. In Colorado Revised Statutes, 28-3.1-421, amend11
(1) introductory portion as follows:12
28-3.1-421. Appeal by the state. (1) In a trial by court-martial
13
or in a trial by military judge only pursuant to section 28-3.1-316 (4) in14
which a punitive discharge may be adjudged, The state may SHALL not15
appeal a finding of not guilty with respect to the A charge or specification.16
In a trial by court-martial in which a punitive discharge may be adjudged,17
the state may appeal the following:18
SECTION 15. In Colorado Revised Statutes, repeal and reenact,19
with amendments, part 5 of article 3.1 of title 28 as follows:20
PART 521
PUNITIVE ARTICLES22
28-3.1-501. Punitive articles of the federal "Uniform Code of23
Military Justice" incorporated. P
URSUANT TO SECTION 28-3.1-102.5,24
THE PUNITIVE ARTICLES, 10 U.S.C. SECS. 877 TO 933, AND THE GENERAL25
ARTICLE, 10 U.S.C. SEC. 934, OF THE FEDERAL "UNIFORM CODE OF26
M
ILITARY JUSTICE" ARE INCORPORATED INTO THE "COLORADO CODE OF27
279
-15- MILITARY JUSTICE", THIS ARTICLE 3.1; EXCEPT THAT THE MAXIMUM1
PUNISHMENTS AND CLASSIFICATIONS OF OFFENSES SET FORTH IN SECTIONS2
28-3.1-402
AND 28-3.1-402.5 APPLY TO CONVICTIONS PURSUANT TO THIS3
ARTICLE 3.1.4
SECTION 16. In Colorado Revised Statutes, add 28-3.1-606.55
as follows:6
28-3.1-606.5. Concurrent jurisdiction with civil authorities. I
F7
CONCURRENT CIVILIAN AND MILITARY JURISDICTION EXISTS TO PROSECUTE8
THE SAME OFFENSE ALLEGEDLY COMMITTED BY A MEMBER OF THE STATE9
MILITARY FORCES, AND A DISTRICT ATTORNEY WITH JURISDICTION TO10
PROSECUTE THE OFFENSE HAS FILED FELONY CHARGES AGAINST THE11
MEMBER PURSUANT TO STATE LAW , THE STATE MILITARY FORCES SHALL12
DEFER PROSECUTION OF THE OFFENSE OTHERWISE SUBJECT TO THIS CODE13
TO THE DISTRICT ATTORNEY . IF A DISTRICT ATTORNEY DECLINES TO14
PURSUE FELONY CHARGES OR
DISMISSES CHARGES WITHOUT TRIAL, A15
COURT-MARTIAL MAY BE CONVENED AGAINST THE MEMBER IN16
ACCORDANCE WITH THIS CODE .17
SECTION 17. In Colorado Revised Statutes, repeal 28-3.1-111,18
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
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
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
28-3.1-318, 28-3.1-319, and 28-3.1-605.22
SECTION 18. Act subject to petition - effective date -23
applicability. (1) This act takes effect September 1, 2025; except that,24
if a referendum petition is filed pursuant to section 1 (3) of article V of25
the state constitution against this act or an item, section, or part of this act26
within the ninety-day period after final adjournment of the general27
279
-16- assembly, then the act, item, section, or part will not take effect unless1
approved by the people at the general election to be held in November2
2026 and, in such case, will take effect on the date of the official3
declaration of the vote thereon by the governor.4
(2) This act applies to offenses committed on or after the5
applicable effective date of this act.6
279
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