Senate Bill 25-279 Rerevised

A Bill for an Act

• Page 1, Line 101Concerning updates to the "Colorado Code of Military

• Page 1, Line 102Justice".

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 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.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 28-3.1-102, amend(20); andadd(14.3) and (21.5) as follows:

• Page 2, Line 328-3.1-102.  Definitions. As used in this article 3.1, unless the context otherwise requires:

• Page 2, Line 4(14.3)  "National Guard" means the Army National Guard,

• Page 2, Line 5the Air National Guard, and any other component created or

• Page 2, Line 6authorized under the laws of the United States to serve in a similar manner pursuant to title 32 of the United States code.

• Page 2, Line 7(20)  "State military forces" means the National Guard of this state

• Page 2, Line 8as defined in section 28-3-101 (12), and any other militia or military forces organized under the laws of the state.

• Page 2, Line 9(21.5)  "Uniform Code of Military Justice" means the

• Page 2, Line 10federal "Uniform Code of Military Justice", 10 U.S.C. sec. 801 et seq.

• Page 2, Line 11SECTION 2.  In Colorado Revised Statutes, add 28-3.1-102.5 as follows:

• Page 3, Line 128-3.1-102.5.  Construction of code - incorporation of federal

• Page 3, Line 2"Uniform Code of Military Justice" - references to regulations -

• Page 3, Line 3legislative intent. (1)  The general assembly intends that the state

• Page 3, Line 4military forces be regulated in a manner consistent with the

• Page 3, Line 5regulation of the armed forces of the United States and that

• Page 3, Line 6the "Colorado Code of Military Justice" enacted in this article 3.1 be construed consistent with this purpose.

• Page 3, Line 7(2) (a)  The federal "Uniform Code of Military Justice",

• Page 3, Line 8federal rules adopted pursuant to the federal "Uniform Code of

• Page 3, Line 9Military Justice", and the manual for courts-martial United

• Page 3, Line 10States published by the federal department of defense are

• Page 3, Line 11incorporated into the "Colorado Code of Military Justice", this

• Page 3, Line 12article 3.1, and govern and are applicable to the state military

• Page 3, Line 13forces, including the Colorado National Guard, except as

• Page 3, Line 14otherwise provided in this article 3.1 and regulations adopted by the governor.

• Page 3, Line 15(b)  For the purposes of this article 3.1, references in the

• Page 3, Line 16federal "Uniform Code of Military Justice", federal rules

• Page 3, Line 17adopted pursuant to the "Uniform Code of Military Justice", and the manual for courts-martial United States to:

• Page 3, Line 18(I)  The president of the United States means the governor,

• Page 3, Line 19and the duties, functions, and authority of the president are attributable to the governor;

• Page 3, Line 20(II)  The secretary or secretary concerned means the

• Page 3, Line 21adjutant general of this state, and the duties, functions, and

• Page 3, Line 22authority of the secretary or secretary concerned are attributable to the adjutant general; and

• Page 4, Line 1(III)  The armed forces, the Army of the United States, the

• Page 4, Line 2United States Air Force, or similar military organizations

• Page 4, Line 3includes military, military forces, the military services, and state military forces.

• Page 4, Line 4(3)  References in this article 3.1 to the governor's

• Page 4, Line 5regulations include regulations prepared by the adjutant

• Page 4, Line 6general and approved by the governor pursuant to section28-3-106 (1)(j).

• Page 4, Line 7SECTION 3.  In Colorado Revised Statutes, amend 28-3.1-103 as follows:

• Page 4, Line 828-3.1-103.  Persons subject to this code. This code applies to all

• Page 4, Line 9members of the state military forces at all times; except that this

• Page 4, Line 10code does not apply to a member of the state military forces

• Page 4, Line 11while ordered to active federal service pursuant to title 10 of the United States Code.

• Page 4, Line 12SECTION 4.  In Colorado Revised Statutes, 28-3.1-114, amend

• Page 4, Line 13(1), (2) introductory portion, (2)(a) introductory portion, (2)(a)(III),

• Page 4, Line 14(2)(a)(IV), (2)(a)(V), (2)(b) introductory portion, (2)(b)(IV), (2)(b)(V),

• Page 4, Line 15(4.4), and (4.7); repeal (2)(a)(I), (2)(b)(I), and (2.5); and add (2)(a)(VI), (2)(b)(VI), and (2)(b)(VII) as follows:

• Page 4, Line 1628-3.1-114.  Commanding officer's nonjudicial punishment.

• Page 4, Line 17(1) (a)  Punishment may be imposed for any offense cognizable by a

• Page 4, Line 18court-martial upon any member of the state military forces under this

• Page 4, Line 19section. Under such regulations as The governor may, by regulation,

• Page 4, Line 20prescribe limitations may be placed on the powers granted by in this

• Page 4, Line 21section with respect to:

• Page 5, Line 1(I)  The kind and amount of punishment authorized, the

• Page 5, Line 2suspension of punishment, and the levels of commanding officers and

• Page 5, Line 3warrant officers exercising command authorized to exercise those powers; and

• Page 5, Line 4(II)  The kinds of courts-martial to which a case may be

• Page 5, Line 5referred upon a demand for a trial by court-martial by the accused member of the state military forces.

• Page 5, Line 6(b)  Except in the case of the imposition of fines upon

• Page 5, Line 7officers and warrant officers, punishment must not be imposed

• Page 5, Line 8upon a member of the state military forces pursuant to this

• Page 5, Line 9section if the member has, before the imposition of punishment, demanded trial by court-martial in lieu of punishment.

• Page 5, Line 10(c)  If authorized by regulations of the governor, the governor or

• Page 5, Line 11an officer of general rank in command a commanding officer who,

• Page 5, Line 12pursuant to this code, is authorized to exercise general

• Page 5, Line 13court-martial jurisdiction or an officer of general rank in

• Page 5, Line 14command may delegate his or her the officer's powers under

• Page 5, Line 15pursuant to this section to a principal assistant. If subject to disciplinary

• Page 5, Line 16punishment, the accused must be afforded the opportunity to be

• Page 5, Line 17represented by defense counsel having the qualifications prescribed under

• Page 5, Line 18section 28-3.1-102 (10), if available. Otherwise, the accused must be

• Page 5, Line 19afforded the opportunity to be represented by any available commissioned

• Page 5, Line 20officer of his or her choice. The accused may also employ civilian counsel

• Page 5, Line 21of his or her own choosing at his or her own expense. In all proceedings,

• Page 5, Line 22the accused is allowed three duty days, or longer on written justification,

• Page 5, Line 23to reply to the notification of intent to impose punishment under this

• Page 5, Line 24section.

• Page 6, Line 1(2)  Subject to subsection (1) of this section, any a commanding

• Page 6, Line 2officer may, in addition to or in lieu of admonition or punitive

• Page 6, Line 3reprimand, impose one or more of the following disciplinary punishments without the intervention of a court-martial:

• Page 6, Line 4(a)  Upon an a commissioned or warrant officer of his or her the commanding officer's command:

• Page 6, Line 5(I)  Withholding of privileges for not more than two weeks, which need not be consecutive;

• Page 6, Line 6(III)  If imposed by the governor, the adjutant general, or a

• Page 6, Line 7commanding officer of the Army or National Guard, A fine or forfeiture

• Page 6, Line 8of pay and allowance allowances of not more than the amount of pay

• Page 6, Line 9and allowance allowances received for two four unit training

• Page 6, Line 10assemblies or two four days of annual training, whichever is applicable according to duty status;

• Page 6, Line 11(IV)  An admonition; or

• (V)  A reprimand; or

• Page 6, Line 12(VI)  If imposed by a commanding officer who has the

• Page 6, Line 13authority to exercise general court-martial jurisdiction or an officer of general or flag rank in command:

• Page 6, Line 14(A)  Arrest in quarters for not more than thirty consecutive days; or

• Page 6, Line 15(B)  Restriction to certain specified limits, with or without

• Page 6, Line 16suspension from duty, for not more than thirty consecutive days;

• Page 6, Line 17(b)  Upon other military personnel of his or her the commanding officer's command:

• Page 6, Line 18(I)  Withholding of privileges for not more than two weeks, which need not be consecutive;

• Page 7, Line 1(IV)  Reduction to next inferior grade if the grade from which he

• Page 7, Line 2or she was demoted was established by the command or an equivalent or

• Page 7, Line 3lower command; or in rank, as authorized by regulations adopted by the governor;

• Page 7, Line 4(V)  A fine of any amount up to the maximum pay and allowances

• Page 7, Line 5received for two or forfeiture of pay and allowances of not more

• Page 7, Line 6than four unit training assemblies or two four days of annual training, whichever is applicable according to duty status;

• Page 7, Line 7(VI)  An admonition; or

• (VII)  A reprimand.

• Page 7, Line 8(2.5)  If the commanding officer is of field grade, grade of O-4 or

• Page 7, Line 9rank of major or above, he or she may impose on an enlisted member any

• Page 7, Line 10one or a combination of the following disciplinary punishments without the intervention of a court-martial:

• Page 7, Line 11(a)  Any of the punishments stated in subsections (2)(b)(I) to (2)(b)(III) of this section;

• Page 7, Line 12(b)  A fine of any amount up to the maximum pay and allowances

• Page 7, Line 13received for two unit training assemblies or two days of annual training, whichever is applicable according to duty status;

• Page 7, Line 14(c)  Reduction to the lowest or any intermediate pay grade, if the

• Page 7, Line 15current grade from which he or she is demoted is within the promotion

• Page 7, Line 16authority of the officer imposing the reduction or an officer subordinate

• Page 7, Line 17to the one imposing the reduction, but enlisted members in military grades above E-4 may not be reduced by more than two military grades.

• Page 7, Line 18(4.4)  Maximum allowable punishments, of withholding of

• Page 7, Line 19privileges, restrictions, and extra duties may must not be combined to run consecutively.

• Page 8, Line 1(4.7)  The officer who imposes the punishment pursuant to this

• Page 8, Line 2section, or the successor in command, may, at any time, suspend, set

• Page 8, Line 3aside, mitigate, or remit any part or amount of the punishment and restore all rights, privileges, and property affected. The officer also may:

• Page 8, Line 4(a)  Mitigate reduction in grade to forfeiture of pay;

• (b)  Mitigate arrest in quarters to restriction; or

• Page 8, Line 5(c)  Mitigate extra duties to restriction.

• Page 8, Line 6SECTION 5.  In Colorado Revised Statutes, 28-3.1-201, amend (2)(b) as follows:

• Page 8, Line 728-3.1-201.  Courts-martial - jurisdiction - composition. (2)  The three kinds of courts-martial are:

• Page 8, Line 8(b)  Special courts-martial, which are either of the following types:

• Page 8, Line 9(I)  A special court-martial consisting of a military judge and

• Page 8, Line 10not less than three members. or A special court-martial consisting

• Page 8, Line 11of a military judge and not less than three members as described

• Page 8, Line 12in this subsection (2)(b)(I) is subject to section 28-3.1-204 (2)(a)(I) and (2)(b) and any limitations prescribed in regulation.

• Page 8, Line 13(II)  A special court-martial consisting of only a military

• Page 8, Line 14judge, if the accused so requests under the same conditions as those

• Page 8, Line 15prescribed in paragraph (a) of this subsection (2) subsection (2)(a) of

• Page 8, Line 16this section or if the case is so referred by the convening

• Page 8, Line 17authority. A special court-martial consisting of only a military

• Page 8, Line 18judge as described in this subsection (2)(b)(II) is subject to

• Page 8, Line 19section 28-3.1-204 (2)(a)(II) and (2)(b) and any limitations

• Page 8, Line 20prescribed in regulation.

• Page 9, Line 1SECTION 6.  In Colorado Revised Statutes, 28-3.1-203, amend (1) introductory portion, (1)(a), (1)(e), and (1)(f) as follows:

• Page 9, Line 228-3.1-203.  Jurisdiction of general courts-martial. (1)  General

• Page 9, Line 3courts-martial have jurisdiction to try persons subject to this code for any

• Page 9, Line 4an offense punishable under this code and may adjudge any of the following punishments:

• Page 9, Line 5(a)  Confinement for not more than two five years, unless otherwise specified in this code;

• Page 9, Line 6(e)  Dismissal, or dishonorable discharge, or bad conduct discharge;

• Page 9, Line 7(f)  Reduction of a noncommissioned officer enlisted personnel to any inferior grade; or

• Page 9, Line 8SECTION 7.  In Colorado Revised Statutes, amend 28-3.1-204 as follows:

• Page 9, Line 928-3.1-204.  Jurisdiction of special courts-martial. (1)  Special

• Page 9, Line 10courts-martial have jurisdiction to try any a person subject to this code for

• Page 9, Line 11any an offense punishable under this code, except for conduct that

• Page 9, Line 12constitutes an offense described in article 120 (a), 120 (b), 120b

• Page 9, Line 13(a), or 120b (b) of the federal "Uniform Code of Military Justice", 10 U.S.C. sec. 920 (a) and (b) and 10 U.S.C. sec. 920b (a) and (b).

• Page 9, Line 14(2)  A special court-martial has the same powers of punishment as

• Page 9, Line 15a general court-martial, including the authority to order a bad conduct discharge; except that:

• Page 9, Line 16(a) (I)  confinement may not be more than ninety days and A

• Page 9, Line 17special court-martial that does not consist of a military judge

• Page 9, Line 18alone, as described in section 28-3.1-201 (2)(b)(I), shall not impose

• Page 9, Line 19confinement for more than one hundred eighty days and shall not order a dismissal or dishonorable discharge; and

• Page 10, Line 1(II)  A special court-martial that consists of a military

• Page 10, Line 2judge alone pursuant to section 28-3.1-201 (2)(b)(II) shall not

• Page 10, Line 3impose confinement for more than ninety days and shall not order a dismissal or dishonorable discharge; and

• Page 10, Line 4(b)  The fine or forfeiture of pay and allowances imposed by a

• Page 10, Line 5special court-martial may must not be more than the maximum pay and

• Page 10, Line 6allowances received for six unit training assemblies or six days of annual training, whichever is applicable according to duty status.

• Page 10, Line 7(3)  Notwithstanding section 16-10-101, a special

• Page 10, Line 8court-martial consisting of a judge alone has the authority to try cases and impose punishments as set forth in this section.

• Page 10, Line 9SECTION 8.  In Colorado Revised Statutes, 28-3.1-205, amend (1) as follows:

• Page 10, Line 1028-3.1-205.  Jurisdiction of summary courts-martial.

• Page 10, Line 11(1) (a)  Summary courts-martial have jurisdiction to try any a person

• Page 10, Line 12subject to this code, except commissioned officers, warrant officers,

• Page 10, Line 13cadets, and candidates, and a person who objects to trial by

• Page 10, Line 14summary court-martial as described in subsection (1)(b) of this

• Page 10, Line 15section, for any offense made punishable under this code, except for

• Page 10, Line 16conduct that constitutes an offense described in article 120 (a),

• Page 10, Line 17120 (b), 120b (a), or 120b (b) of the federal "Uniform Code of

• Page 10, Line 18Military Justice", 10 U.S.C. sec. 920 (a) and (b) and 10 U.S.C. sec. 920b (a) and (b).

• Page 10, Line 19(b)  An accused person may object to trial by a summary

• Page 10, Line 20court-martial. If an accused person objects, a summary

• Page 10, Line 21court-martial shall not try the person and the convening

• Page 11, Line 1authority, or officer to whom the case is referred by the

• Page 11, Line 2convening authority, shall order the accused tried by a general court-martial or special court-martial, as appropriate.

• Page 11, Line 3SECTION 9.  In Colorado Revised Statutes, 28-3.1-213, amend (3) as follows:

• Page 11, Line 428-3.1-213.  Absent and additional members. (3)  Except for

• Page 11, Line 5a lawfully convened special court-martial that consists of a

• Page 11, Line 6military judge alone, as described in section 28-3.1-201 (2)(b)(II),

• Page 11, Line 7whenever a special court-martial is reduced below to fewer than three

• Page 11, Line 8members, the trial may must not proceed unless the convening authority

• Page 11, Line 9appoints new members sufficient in number to provide not less than at

• Page 11, Line 10least three members. When the new members have been sworn, the trial

• Page 11, Line 11may proceed as if no evidence has was previously been introduced,

• Page 11, Line 12unless a verbatim record of the testimony of previously examined

• Page 11, Line 13witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel.

• Page 11, Line 14SECTION 10.  In Colorado Revised Statutes, amend 28-3.1-301 as follows:

• Page 11, Line 1528-3.1-301.  General procedures. The procedure governor may

• Page 11, Line 16prescribe, by regulation, pretrial, trial, and post-trial

• Page 11, Line 17procedures, including modes of proof, in cases before military courts

• Page 11, Line 18and other military tribunals. may be prescribed by the governor by

• Page 11, Line 19regulation and shall The procedures, so far as practicable, must be the

• Page 11, Line 20principles of law and the rules of evidence generally recognized in the

• Page 11, Line 21trial of criminal cases in the courts of Colorado and in the trial of

• Page 11, Line 22courts-martial of the United States, but such procedure may the

• Page 11, Line 23procedures must not be contrary to or inconsistent with this code.

• Page 12, Line 1SECTION 11.  In Colorado Revised Statutes, 28-3.1-306, add (3) as follows:

• Page 12, Line 228-3.1-306.  Challenges. (3)  If the exercise of a peremptory

• Page 12, Line 3challenge or challenge for cause reduces the number of

• Page 12, Line 4members to fewer than the required number of members for the

• Page 12, Line 5court-martial as described in section 28-1.3-213, the convening

• Page 12, Line 6authority shall appoint new members to the court-martial pursuant to section 28-1.3-213.

• Page 12, Line 7SECTION 12.  In Colorado Revised Statutes, repeal and reenact, with amendments, 28-3.1-308 as follows:

• Page 12, Line 828-3.1-308.  Statute of limitations.The statute of limitations

• Page 12, Line 9to bring charges for an offense pursuant to this article 3.1 is the same as in the federal "Uniform Code of Military Justice".

• Page 12, Line 10SECTION 13.  In Colorado Revised Statutes, amend 28-3.1-407 as follows:

• Page 12, Line 1128-3.1-407.  Initial action on the record by convening authority

• Page 12, Line 12- staff judge advocate review. (1)  After a trial by court-martial, the

• Page 12, Line 13record shall be forwarded military judge who presided over the

• Page 12, Line 14court-martial shall forward the record of the court-martial

• Page 12, Line 15to the convening authority. as reviewing authority, and action thereon

• Page 12, Line 16may be taken by the person who convened the court, a commissioned

• Page 12, Line 17officer commanding for the time being, a successor in command, or the

• Page 12, Line 18governor. The reviewer may approve the sentence or such part, amount,

• Page 12, Line 19or commuted form of the sentence as he or she sees fit and may suspend

• Page 12, Line 20or defer the execution of the sentence. Upon receipt of the record of

• Page 12, Line 21the court-martial, the convening authority shall forward the

• Page 12, Line 22record to the staff judge advocate designated by the state judge advocate general.

• Page 13, Line 1(2)  The staff judge advocate shall review the record and

• Page 13, Line 2submit a written opinion to the convening authority. The staff judge advocate's opinion must include:

• Page 13, Line 3(a)  Conclusions about whether:

• (I)  The court-martial had jurisdiction over the accused;

• Page 13, Line 4(II)  The charge and specification stated an offense; and

• Page 13, Line 5(III)  The sentence was within the limits prescribed as a matter of law;

• Page 13, Line 6(b)  If the accused makes allegations in writing, a response to each allegation of error made in writing by the accused; and

• Page 13, Line 7(c)  In an opinion about the findings of a summary

• Page 13, Line 8court-martial, advice to the convening authority on the

• Page 13, Line 9sufficiency of the evidence as to each finding made by the summary court-martial.

• Page 13, Line 10(3)  A convening authority shall not act on the findings of

• Page 13, Line 11or sentence imposed by a court-martial before the staff judge advocate review.

• Page 13, Line 12(4) (a)  After receiving the staff judge advocate's written

• Page 13, Line 13opinion described in subsection (2) of this section, the convening

• Page 13, Line 14authority of a general court-martial or a special court-martial:

• Page 13, Line 15(I)  Shall not act on the findings of the court-martial; and

• Page 13, Line 16(II)  May act as described in subsection (4)(b) of this section on the sentence of the court-martial if:

• Page 13, Line 17(A)  The total period of a sentence to confinement imposed

• Page 13, Line 18for all offenses involved, running consecutively, is less than one hundred eighty days; and

• Page 14, Line 1(B)  The court-martial did not impose a sentence of dismissal or dishonorable discharge.

• Page 14, Line 2(b)  A convening authority acting on a sentence imposed by

• Page 14, Line 3a court-martial pursuant to subsection (4)(a)(II) of this section may:

• Page 14, Line 4(I)  Approve the court-martial's sentence;

• Page 14, Line 5(II)  Disapprove, commute, or suspend the court-martial's sentence, in whole or in part; or

• Page 14, Line 6(III)  Disapprove the court-martial's sentence and order a rehearing on the sentence.

• Page 14, Line 7(c)  After appropriate staff judge advocate review, the convening authority of a summary court-martial may:

• Page 14, Line 8(I)  Approve the court-martial's findings and sentence;

• Page 14, Line 9(II)  Dismiss any charge or specification by setting aside the finding of guilty;

• Page 14, Line 10(III)  Change the court-martial's finding of guilty of the

• Page 14, Line 11charge or specification to a finding of guilty of a lesser included offense;

• Page 14, Line 12(IV)  Disapprove the court-martial's findings and sentence and dismiss the charge and specification;

• Page 14, Line 13(V)  Disapprove the court-martial's findings and sentence and order a rehearing on the findings and sentence;

• Page 14, Line 14(VI)  Disapprove, commute, or suspend the court-martial's sentence, in whole or in part; or

• Page 14, Line 15(VII)  Disapprove the court-martial's sentence and order

• Page 14, Line 16a rehearing as to the sentence.

• Page 15, Line 1(5)  If, pursuant to this section, the convening authority

• Page 15, Line 2reduces, commutes, or suspends the sentence, the decision of the

• Page 15, Line 3convening authority must include a written explanation of the reasons for the action.

• Page 15, Line 4(6)  The convening authority shall forward its final

• Page 15, Line 5decision to the military judge who presided over the

• Page 15, Line 6court-martial and provide copies of the decision to the accused

• Page 15, Line 7and to any victim of the offense. The military judge shall

• Page 15, Line 8incorporate the convening authority's final decision into the record.

• Page 15, Line 9SECTION 14.  In Colorado Revised Statutes, 28-3.1-421, amend (1) introductory portion as follows:

• Page 15, Line 1028-3.1-421.  Appeal by the state. (1)  In a trial by court-martial

• Page 15, Line 11or in a trial by military judge only pursuant to section 28-3.1-316 (4) in

• Page 15, Line 12which a punitive discharge may be adjudged, The state may shall not

• Page 15, Line 13appeal a finding of not guilty with respect to the a charge or specification.

• Page 15, Line 14In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following:

• Page 15, Line 15SECTION 15.  In Colorado Revised Statutes, repeal and reenact, with amendments, part 5 of article 3.1 of title 28 as follows:

• Page 15, Line 16PART 5

• PUNITIVE ARTICLES

• Page 15, Line 1728-3.1-501.  Punitive articles of the federal "Uniform Code of

• Page 15, Line 18Military Justice" incorporated.Pursuant to section 28-3.1-102.5,

• Page 15, Line 19the punitive articles, 10 U.S.C. secs. 877 to 933, and the general

• Page 15, Line 20article, 10 U.S.C. sec. 934, of the federal "Uniform Code of

• Page 15, Line 21Military Justice" are incorporated into the "Colorado Code of

• Page 16, Line 1Military Justice", this article 3.1; except that the maximum

• Page 16, Line 2punishments and classifications of offenses set forth in sections

• Page 16, Line 328-3.1-402 and 28-3.1-402.5 apply to convictions pursuant to this article 3.1.

• Page 16, Line 4SECTION 16.  In Colorado Revised Statutes, add 28-3.1-606.5 as follows:

• Page 16, Line 528-3.1-606.5.  Concurrent jurisdiction with civil authorities.If

• Page 16, Line 6concurrent civilian and military jurisdiction exists to prosecute

• Page 16, Line 7the same offense allegedly committed by a member of the state

• Page 16, Line 8military forces, and a district attorney with jurisdiction to

• Page 16, Line 9prosecute the offense has filed felony charges against the

• Page 16, Line 10member pursuant to state law, the state military forces shall

• Page 16, Line 11defer prosecution of the offense otherwise subject to this code

• Page 16, Line 12to the district attorney. If a district attorney declines to

• Page 16, Line 13pursue felony charges or dismisses charges without trial, a

• Page 16, Line 14court-martial may be convened against the member in accordance with this code.

• Page 16, Line 15SECTION 17.  In Colorado Revised Statutes, repeal 28-3.1-111,

• Page 16, Line 1628-3.1-112, 28-3.1-113, 28-3.1-214, 28-3.1-215, 28-3.1-216, 28-3.1-217,

• Page 16, Line 1728-3.1-218, 28-3.1-219, 28-3.1-302, 28-3.1-304, 28-3.1-305, 28-3.1-307,

• Page 16, Line 1828-3.1-309, 28-3.1-310, 28-3.1-314, 28-3.1-315, 28-3.1-316, 28-3.1-317, 28-3.1-318, 28-3.1-319, and 28-3.1-605.

• Page 16, Line 19SECTION 18.  Act subject to petition - effective date -

• Page 16, Line 20applicability. (1)  This act takes effect September 1, 2025; except that,

• Page 16, Line 21if a referendum petition is filed pursuant to section 1 (3) of article V of

• Page 16, Line 22the state constitution against this act or an item, section, or part of this act

• Page 16, Line 23within the ninety-day period after final adjournment of the general

• Page 17, Line 1assembly, then the act, item, section, or part will not take effect unless

• Page 17, Line 2approved by the people at the general election to be held in November

• Page 17, Line 32026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

• Page 17, Line 4(2)  This act applies to offenses committed on or after the applicable effective date of this act.