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Second Regular Session
Sixty-first General Assembly
LLS NO. 980653.01D JBB
SENATE BILL 98176
STATE OF COLORADO
BY SENATOR Feeley
STATE, VETERANS & MILITARY
A BILL FOR AN ACT
CONCERNING UNAUTHORIZED MILITARY ACTIVITIES.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Establishes that any 2 or more persons who associate
as an unauthorized military organization or demonstrate with arms
in public commit a class 1 misdemeanor. Defines "unauthorized
military organization" as a unit with arms, command structure,
training, and discipline designed to function as a combat unit
not authorized by state or federal statute. Creates an exception
for military training and instruction authorized by state or federal
statute conducted at a school or college.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 1 of article 9 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
189120.5. Unauthorized military organization penalties exceptions. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES, "UNAUTHORIZED MILITARY ORGANIZATION" MEANS ANY UNIT WITH ARMS, COMMAND STRUCTURE, TRAINING, AND DISCIPLINE DESIGNED TO FUNCTION AS A COMBAT OR COMBAT SUPPORT UNIT NOT AUTHORIZED PURSUANT TO STATE OR FEDERAL STATUTE.
(2) ANY TWO OR MORE PERSONS WHO ASSOCIATE AS AN UNAUTHORIZED MILITARY ORGANIZATION OR WHO DEMONSTRATE WITH ARMS IN PUBLIC WITHOUT THE GOVERNOR'S AUTHORITY SHALL BE GUILTY OF A CLASS 1 MISDEMEANOR.
(3) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT ANY SCHOOL OR COLLEGE FROM CONDUCTING ANY MILITARY TRAINING AND INSTRUCTION AUTHORIZED UNDER THE PROVISIONS OF ANY STATE OR FEDERAL LAW.
SECTION 2. Effective date applicability. (1) This act shall take effect September 1, 1998, unless a referendum petition is filed during the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution. If such a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on February 1, 1999.
(2) The provisions of this act shall apply to offenses committed on or after the applicable effective date of this act.