If concurrent civilian and military jurisdiction exists to prosecute the same offense allegedly committed by a member of the state military forces, and a district attorney with jurisdiction to prosecute the offense has filed felony charges against the member pursuant to state law, the state military forces shall defer prosecution of the offense otherwise subject to this code to the district attorney. If a district attorney declines to pursue felony charges or dismisses charges without trial, a court-martial may be convened against the member in accordance with this code.

Source: L. 2025: Entire section added, (SB 25-279), ch. 411, p. 2340, § 16, effective September 1.

Editor's note: Section 18(2) of chapter 411 (SB 25-279), Session Laws of Colorado 2025, provides that the act adding this section applies to offenses committed on or after September 1, 2025.