reglab/statecodes huggingface dataset:
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 3 - TRIAL PROCEDURE (§§ 28-3.1-301 — 28-3.1-319) › Section 28-3.1-314 - Depositions

(1)
At any time after charges have been signed as provided in section
28-3.1-214
, any party may take oral or written depositions, unless an authority competent to convene a court-martial for the trial of those charges forbids such depositions for good cause. If a deposition is to be taken before charges are referred for trial, such authority shall designate lawyers to represent the prosecution and the defense.
(2)
The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
(3)
Depositions shall be taken and authenticated by any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths.
(4)
An authenticated deposition taken upon reasonable notice to the other parties, if otherwise admissible under the rules of evidence, may be used in evidence before any court-martial or in any proceeding before a court of inquiry.
L. 83: Entire article added, p. 1178, § 1, effective June 10.
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 3 - TRIAL PROCEDURE (§§ 28-3.1-301 — 28-3.1-319) › Section 28-3.1-315 - Admissibility of records of courts of inquiry

Records of courts of inquiry are not admissible as evidence in any court-martial.
L. 83: Entire article added, p. 1178, § 1, effective June 10.
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 3 - TRIAL PROCEDURE (§§ 28-3.1-301 — 28-3.1-319) › Section 28-3.1-316 - Voting and rulings

(1)
Voting by members of a general or special court-martial on questions of challenge, on the findings, and on the sentence shall be by secret written ballot. The junior member in rank of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.
(2)
The military judge of a general or special court-martial shall rule upon interlocutory questions, other than a challenge, arising during the proceedings. Any ruling made by the military judge upon any interlocutory question, other than a motion for a finding of not guilty or the question of the accused's sanity, is final and constitutes the ruling of the court. However, the military judge may change the ruling at any time during the trial; except that he or she may not change a ruling on a motion for a finding of not guilty that was granted. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in section
28-3.1-317
, beginning with the junior member in rank.
(3)
Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:
(a)
That the accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt;
(b)
That, in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he or she must be acquitted;
(c)
That, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and
(d)
That the burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the prosecution.
(4)
The provisions of subsections (1), (2), and (3) of this section shall not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum decision is filed, it shall be sufficient if the findings of fact appear therein.
L. 83: Entire article added, p. 1178, § 1, effective June 10. L. 2002: (2), (3)(a), and (3)(b) amended, p. 611, § 83, effective May 24.
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 3 - TRIAL PROCEDURE (§§ 28-3.1-301 — 28-3.1-319) › Section 28-3.1-317 - Number of votes required

(1)
No person may be convicted of an offense except by the unanimous concurrence of the members present at the time the vote is taken.
(2)
All sentences shall be determined by the vote of two-thirds of the members present at the time the vote is taken.
(3)
All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
L. 83: Entire article added, p. 1179, § 1, effective June 10.
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 3 - TRIAL PROCEDURE (§§ 28-3.1-301 — 28-3.1-319) › Section 28-3.1-318 - Court to announce action

A court-martial shall announce its findings and sentence to the parties as soon as determined.
L. 83: Entire article added, p. 1179, § 1, effective June 10.
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 3 - TRIAL PROCEDURE (§§ 28-3.1-301 — 28-3.1-319) › Section 28-3.1-319 - Record of trial

General and special courts-martial shall keep a verbatim record of the trial of each case. Upon a request of the accused, a reviewing authority, or the state judge advocate general, the record shall be transcribed and authenticated by the president or the military judge. If the record cannot be authenticated by either the president or the military judge by reason of his or her death, disability, or absence, it shall be authenticated by two members of the court. In all other courts-martial, records of trial shall contain such matter and be authenticated in such manner as the governor prescribes by regulation.
L. 83: Entire article added, p. 1179, § 1, effective June 10. L. 2002: Entire section amended, p. 611, § 84, effective May 24.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-401 - Cruel and unusual punishments prohibited

Cruel and unusual punishment may not be adjudged by any court-martial or inflicted upon any person subject to this code.
L. 83: Entire article added, p. 1180, § 1, effective June 10.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-402 - Maximum limits

The punishment which a court-martial may direct for an offense shall not exceed limits prescribed by this code.
L. 83: Entire article added, p. 1180, § 1, effective June 10.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-402.5 - Classification of offenses

A conviction by general court-martial of any military offense for which an accused received a sentence greater than one year of confinement or a conviction by a general court-martial of any offense that, at the time the offense was committed, carries a maximum term of confinement of three years or greater as set forth under
10 U.S.C. sec. 877
to
10 U.S.C. sec. 934
, as amended, or pursuant to an executive order, is a felony offense. Except for convictions by a summary court-martial, all other military offenses are misdemeanors. Any conviction by a special court-martial is a misdemeanor. Any conviction by a summary court-martial is not a criminal conviction.
Added by 2018 Ch. 95, § 15, eff. 4/2/2018.
L. 2018: Entire section added, (SB 18-135), ch. 95, p. 747, § 15, effective April 2.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-403 - Effective date of sentences

(1)
Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances, in addition to confinement not suspended, the forfeiture may apply to pay and allowances becoming due before or after the date the sentence is approved by the convening authority.
(2)
Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended shall be excluded in computing the service of the terms of confinement.
(3)
On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his or her jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in his or her sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his or her jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.
(4)
All other sentences of court-martial are effective on the date ordered executed. In no case may a sentence be executed until final action is taken on review.
(5)
In the militia or state military forces not in federal service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the governor.
(6)
Notwithstanding subsection (3) of this section, unless waived by the accused, an officer exercising summary court-martial jurisdiction shall defer service of a sentence to confinement pursuant to section
28-3.1-205(4)(a)
, pending the conclusion of any appeal following review and approval pursuant to section
28-3.1-420
.
Amended by 2018 Ch. 95,§ 16, eff. 4/2/2018.
L. 83: Entire article added, p. 1180, § 1, effective June 10. L. 2002: (3) amended, p. 611, § 85, effective May 24. L. 2018: (6) added, (SB 18-135), ch. 95, p. 747, § 16, effective April 2.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-404 - Execution of confinement

(1)
A sentence of confinement adjudged by a military court may be carried into execution by confinement in any place of confinement under the control of any of the forces of the state military forces or in any jail, penitentiary, or prison designated for that purpose. Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of the state.
(2)
The omission of the words "hard labor" from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.
(3)
The keepers, sheriffs, officers, and wardens of city or county jails and of all other jails, penitentiaries, or prisons designated by the convening authority shall receive persons ordered into confinement before trial or persons committed to confinement by a military court and shall confine them according to law.
L. 83: Entire article added, p. 1180, § 1, effective June 10.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-405 - Commitment under sentence of confinement

When a sentence of confinement is imposed to be served other than in a guardhouse, the convening authority shall issue a writ in the following or similar form:
STATE OF ________________________
)
)
ss.
________ COUNTY OF______________
)
To the Sheriff of ___________________ County, ___________________, State of Colorado.
WHEREAS, ___________________ of ___________________ in the ___________________ County of ___________________, a member of the Colorado National Guard, was on the ___________________ day of ___________________, 20___________________, tried by court-martial and found guilty of ___________________ in violation of the Colorado Military Code and was sentenced to serve ___________________ days imprisonment; and
WHEREAS, as such sentence was approved and ordered executed by the convening authority, on the ___________________ day of ___________________, 20___________________;
THEREFORE, you were commanded to take the body of the said ___________________ and commit him or her to the keeper of the jail, who is hereby commanded to receive the body of the said ___________________ and keep him or her safely for the term of ___________________ days, after which he or she shall be released.
Fail not, but do as herein commanded and make a return within sixty (60) days from this date.
Dated at ___________________, in the ___________________ County of ___________________ this ___________________ day of ___________________, 20___________________.
L. 83: Entire article added, p. 1181, § 1, effective June 10. L. 2002: Entire section amended, p. 612, § 86, effective May 24.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-406 - Collection of fines

(1)
All fines imposed as a sentence of a court-martial shall be paid at the time of approval of the sentence by the convening authority.
(2)
The commitment to the county jail for nonpayment of fines shall be in the following or similar form:
STATE OF ________________________
)
)
ss.
________ COUNTY OF______________
)
To the Sheriff of ___________________ County ___________________, State of Colorado.
WHEREAS, ___________________ of ___________________ in the ___________________ County of ___________________, a member of the Colorado National Guard, was on the ___________________ day of ___________________, 20___________________, tried by court-martial and found guilty of ___________________ in violation of the Colorado Military Code and was sentenced to pay a fine of ___________________ Dollars; and
WHEREAS, such fine has not been paid;
NOW, THEREFORE, by authority of the State of Colorado, you are hereby commanded to take the body of the said ___________________ and commit it to the keeper of the jail in the County of ___________________, who is hereby commanded to receive the body of the said ___________________ and keep him or her safely until he or she pays the sum above mentioned, or shall have served one (1) day for each dollar of said fine, after which time he or she shall be released.
Fail not, but make service and return within sixty (60) days from this date.
Dated at ___________________, in the ___________________ County of ___________________ this ___________________ day of ___________________, 20___________________.
___________________
L. 83: Entire article added, p. 1181, § 1, effective June 10. L. 2002: (2) amended, p. 612, § 87, effective May 24.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-407 - Initial action on the record

After a trial by court-martial, the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or the governor. The reviewer may approve the sentence or such part, amount, or commuted form of the sentence as he or she sees fit and may suspend or defer the execution of the sentence.
L. 83: Entire article added, p. 1182, § 1, effective June 10. L. 2002: Entire section amended, p. 613, § 88, effective May 24.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-408 - Reconsideration and revision

(1)
If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.
(2)
(a)
Where there is an apparent error or omission in the record, or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action.
(b)
In no case, however, may the record be returned:
(I)
For reconsideration of a finding of not guilty or a ruling which amounts to a finding of not guilty; or
(II)
For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of the code; or
(III)
For increasing the severity of the sentence, unless the sentence prescribed for the offense is mandatory.
L. 83: Entire article added, p. 1182, § 1, effective June 10.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-409 - Rehearings

(1)
If the convening authority disapproves the findings and sentence of a court-martial, he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case, he or she shall state the reasons for disapproval. If he or she disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges.
(2)
Each rehearing shall take place before a court-martial whose composition shall not include any member or military judge of the court-martial which first heard the case. Upon a rehearing, the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed unless the sentence is based upon a finding of guilty of an offense considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory.
L. 83: Entire article added, p. 1182, § 1, effective June 10. L. 2002: Entire section amended, p. 613, § 89, effective May 24.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-410 - Approval by the convening authority

In acting on the findings and sentence of a court-martial, the convening authority may approve only those findings and the sentence or part or amount of the sentence which he or she finds correct in law and fact. Unless he or she indicates otherwise, approval of the sentence is approval of the findings and sentence.
L. 83: Entire article added, p. 1182, § 1, effective June 10. L. 2002: Entire section amended, p. 613, § 90, effective May 24.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-412 - Review counsel

(1)
Upon the final review of a sentence of any court-martial, the accused has the right to be represented by counsel before the reviewing authority, before the staff judge advocate, and before the state judge advocate general.
(2)
Upon the request of an accused, the state judge advocate general shall appoint a lawyer who is a member of the state military forces and who has the qualifications prescribed in section
28-3.1-211
if available, to represent the accused before the reviewing authority, before the staff judge advocate, and before the state judge advocate general in the review of cases specified in subsection (1) of this section.
(3)
The accused may be represented by civilian counsel, provided at his or her expense, before the reviewing authority, before the staff judge advocate, and before the state judge advocate general.
L. 83: Entire article added, p. 1184, § 1, effective June 10. L. 2002: (3) amended, p. 615, § 92, effective May 24.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-413 - Review by governor

Notwithstanding review procedures provided in this code, in any case where no right to review by the governor exists, the accused may, within thirty days after final action is taken by any reviewing authority, petition the governor to review such final action. The governor may take action as he or she deems appropriate. Failure of the governor to act within thirty days shall constitute a denial.
L. 83: Entire article added, p. 1184, § 1, effective June 10. L. 2002: Entire section amended, p. 615, § 93, effective May 24.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-414 - Error of law - lesser included offense

(1)
A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law, unless the error materially prejudices the substantial rights of the accused.
(2)
Any reviewing authority with the power to affirm a finding of guilty may affirm so much of the findings as includes a lesser included offense.
L. 83: Entire article added, p. 1184, § 1, effective June 10.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-415 - Vacation of suspension of sentence

(1)
Before the vacation of the suspension of any court-martial sentence, the officer having court-martial jurisdiction over a probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel, if he or she so desires.
(2)
The record of the hearing and the recommendation of the officer having court-martial jurisdiction shall be sent for action to the state judge advocate in cases involving a general court-martial sentence. If the state judge advocate vacates the suspension, any unexecuted part of the sentence shall be executed.
(3)
The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
L. 83: Entire article added, p. 1184, § 1, effective June 10. L. 2002: (1) amended, p. 615, § 94, effective May 24.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-416 - Petition for a new trial

At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the governor for a new trial on grounds of newly discovered evidence or fraud on the court-martial.
L. 83: Entire article added, p. 1184, § 1, effective June 10.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-417 - Remission and suspension

(1)
A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures.
(2)
The governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
L. 83: Entire article added, p. 1184, § 1, effective June 10.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-418 - Restoration

(1)
Under regulations prescribed by the governor, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, may be restored, unless a new trial or rehearing is ordered and the executed part is included in a sentence imposed upon a new trial or rehearing.
(2)
If a previously executed sentence of dishonorable discharge or other punitive discharge is not imposed on a new trial, the governor shall substitute a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his or her enlistment.
(3)
If a previously executed sentence of dismissal is not imposed on a new trial, the governor shall substitute a form of discharge authorized for administrative issue, and a commissioned officer dismissed by that sentence may be reappointed only by the governor to the commissioned grade and rank as that former officer would have attained had he or she not been dismissed. The reappointment of such a former officer may be made if a position vacancy is available under applicable tables of organization. All time between the dismissal and reappointment shall be considered as service for all state purposes.
L. 83: Entire article added, p. 1185, § 1, effective June 10. L. 2002: (2) and (3) amended, p. 615, § 95, effective May 24.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-419 - Finality of proceedings, findings, and sentences

The proceedings, findings, and sentences of courts-martial as reviewed and approved as required by this code and all dismissals and discharges carried into execution under sentences by courts-martial following review and approval as required by this code are final. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the state, subject only to action upon a petition for a new trial as provided by section
28-3.1-416
or action taken on appeal as provided by section
28-3.1-420
.
L. 83: Entire article added, p. 1185, § 1, effective June 10. L. 87: Entire section amended, p. 1176, § 2, effective April 16.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-420 - Appeal following review and approval

(1)
The accused, within thirty-five days after the date the final reviewing authority takes action, may take an appeal to the supreme court of the state of Colorado pursuant to the Colorado appellate rules.
(2)
When the accused petitions the governor pursuant to section
28-3.1-413
to review the final action of the reviewing authority, the time for filing notice of appeal is extended until thirty-five days after the governor announces his or her action or the petition is denied due to the governor's failure to act. No action or failure to act by the governor shall form the basis for appeal, nor shall the supreme court order review by the governor.
Amended by 2013 Ch. 58,§ 6, eff. 7/1/2013.
L. 87: Entire section added, p. 1177, § 3, effective April 16. L. 2002: (2) amended, p. 615, § 96, effective May 24. L. 2013: Entire section amended, (HB 13-1126), ch. 58, p.193, § 6, effective July 1.
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 4 - SENTENCES (§§ 28-3.1-401 — 28-3.1-421) › Section 28-3.1-421 - Appeal by the state

(1)
In a trial by court-martial or in a trial by military judge only pursuant to section
28-3.1-316(4)
in which a punitive discharge may be adjudged, the state may not appeal a finding of not guilty with respect to the charge or specification. In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following:
(a)
An order or ruling of the military judge that terminates the proceedings with respect to a charge or specification;
(b)
An order or ruling that excludes evidence that is substantial proof of a fact material in the proceeding;
(c)
An order or ruling that directs the disclosure of classified information;
(d)
An order or ruling that imposes sanctions for nondisclosure of classified information;
(e)
A refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information; or
(f)
A refusal by the military judge to enforce an order described in subsection (1)(e) of this section that has previously been issued by the appropriate authority.
(2)
An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within seventy-two hours of the order or ruling. Such notice must include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one that excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.
(3)
An appeal under this article 3.1 must be diligently prosecuted as provided by law.
(4)
An appeal under this article 3.1 must be forwarded to the court prescribed in this code. In ruling on an appeal under this article 3.1, that court may act only with respect to matters of law.
(5)
Any period of delay resulting from an appeal under this article 3.1 must be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
Added by 2018 Ch. 95,§ 17, eff. 4/2/2018.
L. 2018: Entire section added, (SB 18-135), ch. 95, p. 747, § 17, effective April 2.
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 5 - PUNITIVE ARTICLE (§§ 28-3.1-501 — 28-3.1-550) › Section 28-3.1-501 - Principal defined

A "principal", as used in this code, means any person punishable under this code who commits an offense punishable by this code or intentionally aids, abets, counsels, commands, solicits, or procures its commission or intentionally causes an act to be done which if directly performed by him or her would be punishable by this code.
Amended by 2018 Ch. 95,§ 18, eff. 4/2/2018.
L. 83: Entire article added, p. 1185, § 1, effective June 10. L. 2002: Entire section amended, p. 615, § 97, effective May 24. L. 2018: Entire section amended, (SB 18-135), ch. 95, p. 748, § 18, effective April 2.
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 5 - PUNITIVE ARTICLE (§§ 28-3.1-501 — 28-3.1-550) › Section 28-3.1-502 - Abetting offenders

Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his or her apprehension, trial, or punishment shall be punished as a court-martial directs.
L. 83: Entire article added, p. 1185, § 1, effective June 10. L. 2002: Entire section amended, p. 616, § 98, effective May 24.
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 5 - PUNITIVE ARTICLE (§§ 28-3.1-501 — 28-3.1-550) › Section 28-3.1-503 - Charges - offenses included

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or of an offense necessarily included therein, but not both.
L. 83: Entire article added, p. 1185, § 1, effective June 10.
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 5 - PUNITIVE ARTICLE (§§ 28-3.1-501 — 28-3.1-550) › Section 28-3.1-504 - Attempt to commit offense

(1)
An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending even though failing to effect its commission, is an attempt to commit that offense.
(2)
Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court-martial directs, unless otherwise specifically prescribed.
(3)
Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
L. 83: Entire article added, p. 1186, § 1, effective June 10.
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 5 - PUNITIVE ARTICLE (§§ 28-3.1-501 — 28-3.1-550) › Section 28-3.1-505 - Conspiracy to commit offense

Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial directs.
L. 83: Entire article added, p. 1186, § 1, effective June 10.
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 5 - PUNITIVE ARTICLE (§§ 28-3.1-501 — 28-3.1-550) › Section 28-3.1-506 - Solicitation

(1)
Any person subject to this code who solicits or advises another to desert in violation of section
28-3.1-509
or mutiny in violation of section
28-3.1-518
shall be punished as a court-martial directs.
(2)
Any person subject to this code who solicits or advises another to commit an act of misbehavior before the enemy or any hostile force in violation of section
28-3.1-523
or sedition in violation of section
28-3.1-518
shall be punished as court-martial directs.
L. 83: Entire article added, p. 1186, § 1, effective June 10.
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 5 - PUNITIVE ARTICLE (§§ 28-3.1-501 — 28-3.1-550) › Section 28-3.1-507 - Fraudulent enlistment, appointment, or separation

(1)
Any person shall be punished as a court-martial directs if he or she:
(a)
Procures his or her own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to his or her qualifications or medical fitness for that enlistment or appointment and receives pay or allowances thereunder; or
(b)
Procures his or her own separation from the state military forces by knowingly false representation or deliberate concealment as to his or her eligibility for that separation.
Amended by 2018 Ch. 95,§ 19, eff. 4/2/2018.
L. 83: Entire article added, p. 1186, § 1, effective June 10. L. 2002: Entire section amended, p. 616, § 99, effective May 24. L. 2018: (1)(a) amended, (SB 18-135), ch. 95, p. 748, § 19, effective April 2.
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 5 - PUNITIVE ARTICLE (§§ 28-3.1-501 — 28-3.1-550) › Section 28-3.1-508 - Unlawful enlistment, appointment, or separation

Any person subject to this code who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to him or her to be ineligible for such enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial directs.
L. 83: Entire article added, p. 1186, § 1, effective June 10. L. 2002: Entire section amended, p. 616, § 100, effective May 24.
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 5 - PUNITIVE ARTICLE (§§ 28-3.1-501 — 28-3.1-550) › Section 28-3.1-509 - Desertion

(1)
Any member of the state military forces is guilty of desertion if he or she:
(a)
Without authority, goes or remains absent from his or her unit, organization, or place of duty with intent to remain away therefrom permanently; or
(b)
Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or
(c)
Without being regularly separated from one of the state military forces, enlists or accepts an appointment in the same or another one of the state military forces or in one of the armed forces of the United States without fully disclosing the fact that he or she has not been regularly separated.
(2)
Any commissioned officer of the state military forces who, after tender of his or her resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
(3)
Any person found guilty of desertion or attempt to desert shall be punished as a court-martial directs.
L. 83: Entire article added, p. 1186, § 1, effective June 10. L. 2002: (1) and (2) amended, p. 616, § 101, effective May 24.
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 5 - PUNITIVE ARTICLE (§§ 28-3.1-501 — 28-3.1-550) › Section 28-3.1-510 - Absence without leave

(1)
Any person subject to this code shall be punished as a court-martial directs when he or she, without authority:
(a)
Fails to go to his or her appointed place of duty at the time prescribed;
(b)
Goes from that place; or
(c)
Absents himself or herself or remains absent from his or her unit, organization, or place of duty at which he or she is required to be at the time prescribed.
L. 83: Entire article added, p. 1187, § 1, effective June 10. L. 2002: IP(1), (1)(a), and (1)(c) amended, p. 617, § 102, effective May 24.
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 5 - PUNITIVE ARTICLE (§§ 28-3.1-501 — 28-3.1-550) › Section 28-3.1-511 - Missing movement

Any person subject to this code who, through neglect or design, misses the movement of a ship, aircraft, or unit with which he or she is required in the course of duty to move must be punished as a court-martial directs.
Amended by 2018 Ch. 95,§ 20, eff. 4/2/2018.
L. 83: Entire article added, p. 1187, § 1, effective June 10. L. 2002: Entire section amended, p. 617, § 103, effective May 24. L. 2018: Entire section amended, (SB 18-135), ch. 95, p. 749, § 20, effective April 2.
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 5 - PUNITIVE ARTICLE (§§ 28-3.1-501 — 28-3.1-550) › Section 28-3.1-512 - Contempt toward officials

Any person subject to this code who uses contemptuous words against the president of the United States or the governor which may detrimentally affect the morale or effectiveness of any unit of the state military forces shall be punished as a court-martial directs.
L. 83: Entire article added, p. 1187, § 1, effective June 10.
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 5 - PUNITIVE ARTICLE (§§ 28-3.1-501 — 28-3.1-550) › Section 28-3.1-513 - Disrespect toward superior commissioned officer

Any person subject to this code who behaves with disrespect toward his or her superior commissioned officers shall be punished as a court-martial directs.
L. 83: Entire article added, p. 1187, § 1, effective June 10. L. 2002: Entire section amended, p. 617, § 104, effective May 24.
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 5 - PUNITIVE ARTICLE (§§ 28-3.1-501 — 28-3.1-550) › Section 28-3.1-514 - Assaulting or willfully disobeying superior commissioned officer

(1)
Any person subject to this code shall be punished by confinement of not more than ten years or such other punishment as a court-martial directs if he or she:
(a)
Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against such officer while he or she is in the execution of his or her office; or
(b)
Willfully disobeys a lawful command of his or her superior commissioned officer.
Amended by 2018 Ch. 95,§ 21, eff. 4/2/2018.
L. 83: Entire article added, p. 1187, § 1, effective June 10. L. 2002: Entire section amended, p. 617, § 105, effective May 24. L. 2018: IP(1) amended, (SB 18-135), ch. 95, p. 749, § 21, effective April 2.
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 5 - PUNITIVE ARTICLE (§§ 28-3.1-501 — 28-3.1-550) › Section 28-3.1-515 - Insubordinate conduct toward warrant officer or noncommissioned officer

(1)
Any warrant officer or enlisted member shall be punished as a court-martial directs if he or she:
(a)
Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of his or her office; or
(b)
Willfully disobeys the lawful order of a warrant officer or noncommissioned officer; or
(c)
Treats with contempt or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while that officer is in the execution of his or her office.
L. 83: Entire article added, p. 1187, § 1, effective June 10. L. 2002: IP(1), (1)(a), and (1)(c) amended, p. 617, § 106, effective May 24.
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 5 - PUNITIVE ARTICLE (§§ 28-3.1-501 — 28-3.1-550) › Section 28-3.1-516 - Failure to obey order or regulation

Any person subject to this code who violates or fails to obey any lawful general order or regulation, including an order to report for state active duty, or is derelict in the performance of his or her duties shall be punished as a court-martial directs.
Amended by 2018 Ch. 95,§ 22, eff. 4/2/2018.
L. 83: Entire article added, p. 1188, § 1, effective June 10. L. 2018: Entire section amended, (SB 18-135), ch. 95, p. 749, § 22, effective April 2.
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 5 - PUNITIVE ARTICLE (§§ 28-3.1-501 — 28-3.1-550) › Section 28-3.1-517 - Cruelty and maltreatment of inferiors

Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her orders must be punished as a court-martial directs.
Amended by 2018 Ch. 95,§ 23, eff. 4/2/2018.
L. 83: Entire article added, p. 1188, § 1, effective June 10. L. 2002: Entire section amended, p. 618, § 107, effective May 24. L. 2018: Entire section amended, (SB 18-135), ch. 95, p. 749, § 23, effective April 2.