This bill updates the Colorado Code of Military Justice (CCMJ) to align it more closely with the federal Uniform Code of Military Justice (UCMJ). It clarifies court-martial procedures, expands the types of punishments allowed, adjusts jurisdictional rules, and repeals outdated statutes.
Key Provisions
1. Updated Non-Judicial Punishment Authority
Commanders (based on rank) can impose non-judicial punishments, such as:
Fines equal to pay for up to two days of training
Admonitions or reprimands
Reductions in rank (with new limits based on rank)
Maximum punishments for restriction or duties cannot be combined consecutively.
2. Special Courts-Martial: Expanded Structure and Authority
Two types now defined:
With military judge and at least 3 members
Military judge only (at accused’s request or if referred)
Can impose up to 180 days of confinement and bad conduct discharges (with limits depending on court structure)
Certain sexual offenses (as defined in federal UCMJ Articles 120 and 120b) are excluded from special court-martial jurisdiction.
3. General Courts-Martial: Increased Maximum Punishments
Confinement extended from 2 to 5 years
May impose bad conduct discharges in addition to dishonorable discharges and dismissals.
Accused must consent to be tried in a summary court-martial.
Cannot try commissioned officers or serious sexual offenses.
If accused objects, case must be referred to a higher court-martial.
5. Appeals and Review Process Modernized
Record of trial sent to staff judge advocate for review before the convening authority may act.
Convening authority may:
Approve or disapprove findings/sentences
Order rehearings
Provide written explanation for any sentence reductions
Victims and accused must be notified of final decisions.
6. Statute of Limitations
CCMJ now adopts the federal UCMJ statute of limitations for military offenses.
7. Concurrent Civil and Military Jurisdiction
If a district attorney charges a felony, state military will defer prosecution under the CCMJ.
If DA declines or drops charges, military may pursue court-martial.
8. Incorporation of Federal Punitive Articles
Federal UCMJ Articles 877–934 now formally incorporated into Colorado law.
Colorado-specific sentencing limits still apply.
9. Repealed and Reenacted Sections
The bill repeals outdated sections of the CCMJ and replaces them with consolidated and updated versions, reducing duplication and improving clarity.
Effective Date
Takes effect September 1, 2025, unless a referendum petition is filed.
If referred, takes effect only if approved in the November 2026 election.
Applicability
Applies to offenses committed on or after the effective date.
Impact
Modernizes Colorado military justice
Aligns with current federal military law
Clarifies rights of service members and command authority
Strengthens procedural protections for both accused and victims in military proceedings.
Summary
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.
