2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 2 - COURTS-MARTIAL (§§ 28-3.1-201 — 28-3.1-219) › Section 28-3.1-207 - Who may convene special courts-martial

The commanding officer of a garrison, fort, post, camp, air base, or other place where members of the military forces are on duty or of a division, brigade, regiment, wing, group, detached battalion, separate squadron, or any group of detached units placed under a command for this purpose may convene special courts-martial. In the Colorado Army National Guard, special courts-martial convening authorities include any officer with the grade of O-6 or rank of colonel serving as the commander of a major subordinate command. In the Colorado Air National Guard, special courts-martial convening authorities include group commanders. Special courts-martial may also be convened by superior authority. When any such commanding officer is an accuser, the court shall be convened by superior authority.
Amended by 2021 Ch. 206, § 8, eff. only if the federal government creates the Space National Guard in the "FY 2022 National Defense Authorization Act" and take effect on the date identified in the written notice from the resource and legislative director of the department of military and veterans affairs to the revisor of statutes, as required in section 10 of this act, that the Space National Guard was created or, if the notice does not specify that date, on the date of the notice to the revisor of statutes, or on the effective date of this act (5/28/2021), whichever is later government creates the Space National Guard in the "FY 2022 National Defense Authorization Act" and takes effect on date identified in written notice from the resource and legislative director of the department of military and veterans affairs to the revisor of statutes, as required in section 10 of this act, that the Space National Guard was created or, if the notice does not specify that date, on the date of the notice to the revisor of statutes, or on the effective date of this act (5/28/2021), whichever is later (amendment did not take effect).
Amended by 2018 Ch. 95, § 11, eff. 4/2/2018.
L. 83: Entire article added, p. 1170, § 1, effective June 10. L. 91: Entire section amended, p. 1378, § 4, effective April 1. L. 2018: Entire section amended, (SB 18-135), ch. 746, p. 746, § 11, effective April 2. L. 2021: Entire section amended, (HB 21-1231), ch. 1078, p. 1078, § 8, effective (see editor's note).
Section 15(2) of chapter 206 (HB 21-1231), Session Laws of Colorado 2021, provides that changes to this section take effect only if the federal government creates the Space National Guard in the "FY 2022 National Defense Authorization Act" and take effect on the date identified in the written notice from the resource and legislative director of the department of military and veterans affairs to the revisor of statutes, as required in section 28-5-703.5, that the Space National Guard was created or, if the notice does not specify that date, on the date of the notice to the revisor of statutes, or on May 28, 2021, whichever is later. As of publication date, the revisor of statutes had not received the written notice.