Bill

Bill > HB8


NM HB8

NM HB8
Criminal Competency & Treatment


summary

Introduced
02/10/2025
In Committee
02/20/2025
Crossed Over
02/15/2025
Passed
02/21/2025
Dead
Signed/Enacted/Adopted
02/27/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT RELATING TO PUBLIC SAFETY; AMENDING THE CRIMINAL COMPETENCY PROCEDURES TO PROVIDE FOR COMMUNITY-BASED COMPETENCY RESTORATION FOR NON-DANGEROUS DEFENDANTS, TO EXPAND THE LIST OF CRIMES FOR WHICH A DEFENDANT MAY BE CRIMINALLY COMMITTED, TO ALLOW THE COURT TO ADVISE A DISTRICT ATTORNEY TO CONSIDER INITIATING PROCEEDINGS FOR INVOLUNTARY COMMITMENT OR ASSISTED OUTPATIENT TREATMENT UPON DISMISSAL OF A CRIMINAL CASE AND TO ALLOW A COURT TO AUTHORIZE A DISTRICT ATTORNEY OR THE DEPARTMENT OF HEALTH TO USE THE REPORT OF A COMPETENCY EVALUATION IN INVOLUNTARY COMMITMENT AND ASSISTED OUTPATIENT TREATMENT PROCEEDINGS; AMENDING THE ASSISTED OUTPATIENT TREATMENT ACT TO AUTHORIZE A DISTRICT ATTORNEY OR THE ATTORNEY GENERAL TO FILE A PETITION FOR ASSISTED OUTPATIENT TREATMENT AND TO ALLOW A PETITION TO BE FILED UP TO THIRTY DAYS AFTER A QUALIFIED PROFESSIONAL HAS EXAMINED A DEFENDANT OR RESPONDENT; CREATING THE CRIME OF UNLAWFUL POSSESSION OF A WEAPON CONVERSION DEVICE AND PRESCRIBING PENALTIES; INCREASING THE PENALTIES FOR CERTAIN AUTOMOBILE THEFT FELONY OFFENSES; INCREASING THE PENALTY FOR THE CRIME OF MAKING A SHOOTING THREAT; PROVIDING FOR THE ALTERATION OF A BASIC SENTENCE FOR TRAFFICKING CERTAIN AMOUNTS OF FENTANYL; AMENDING THE REQUIREMENTS TO OBTAIN A WARRANT TO TEST THE BLOOD OF A PERSON SUSPECTED OF OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS AND HJC/HB 8/a ALLOWING CERTAIN MEDICAL PROFESSIONALS TO DRAW BLOOD FOR THE PURPOSES OF CHEMICAL BLOOD TESTS; MAKING CONFORMING AMENDMENTS.

AI Summary

This bill introduces several significant changes to criminal and public safety laws in New Mexico. It modifies criminal competency procedures by allowing community-based competency restoration for non-dangerous defendants, expanding the list of crimes for which a defendant may be criminally committed, and providing courts with more flexibility in handling cases involving individuals with mental health challenges. The bill creates a new crime of unlawful possession of a weapon conversion device, increases penalties for automobile theft and certain drug trafficking offenses, and enhances penalties for making shooting threats. Additionally, it amends regulations around chemical blood testing for individuals suspected of driving under the influence, allowing certain medical professionals to draw blood and adjusting the warrant process for such tests. The bill also expands who can file for assisted outpatient treatment, including district attorneys and attorneys general, and allows petitions to be filed up to 30 days after a professional examination. These changes aim to improve public safety, provide more comprehensive mental health interventions, and create stricter penalties for specific criminal activities.

Committee Categories

Justice

Sponsors (5)

Last Action

Signed by Governor - Chapter 4 - Feb. 27 (on 02/27/2025)

bill text


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bill summary

Document Type Source Location
State Bill Page https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=8&year=25
BillText https://www.nmlegis.gov/Sessions/25%20Regular/final/HB0008.pdf
Senate Floor Amendment 3 https://www.nmlegis.gov/Sessions/25%20Regular/bills/house/HB0008FS3.pdf
Senate SFL_2 HB 8 231207.1 - Sen. Craig W. Brandt Floor Amendment https://www.nmlegis.gov/Sessions/25%20Regular/Floor_Amendments/SFL_2%20HB%208%20231207.1.pdf
Senate SFL_7 HB 8 231202.1 - Sen. Anthony L. Thornton Floor Amendment https://www.nmlegis.gov/Sessions/25%20Regular/Floor_Amendments/SFL_7%20HB%208%20231202.1.pdf
Senate Floor Amendment 2 https://www.nmlegis.gov/Sessions/25%20Regular/bills/house/HB0008FS2.pdf
Senate Floor Amendment 1 https://www.nmlegis.gov/Sessions/25%20Regular/bills/house/HB0008FS1.pdf
Senate SFL_5 HB 8 231209.1 - Sen. Nicole Tobiassen Floor Amendment https://www.nmlegis.gov/Sessions/25%20Regular/floor_amendments/SFL_5%20HB%208%20231209.1.pdf
Senate SFL_4 HB 8 231225.1 - Sen. Crystal Brantley Floor Amendment https://www.nmlegis.gov/Sessions/25%20Regular/floor_amendments/SFL_4%20HB%208%20231225.1.pdf
Senate SFL_1 HB 8 231207.1 - Sen. Craig W. Brandt Floor Amendment https://www.nmlegis.gov/Sessions/25%20Regular/floor_amendments/SFL_1%20HB%208%20231207.1.pdf
Senate SFL_1 HB 8 231231.1 - Sen. Katy M. Duhigg Floor Amendment https://www.nmlegis.gov/Sessions/25%20Regular/floor_amendments/SFL_1%20HB%208%20231231.1.pdf
Senate SFL_1 HB 8 231220.1 - Sen. Joseph Cervantes Floor Amendment https://www.nmlegis.gov/Sessions/25%20Regular/floor_amendments/SFL_1%20HB%208%20231220.1.pdf
Senate SFL_6 HB 8 231203.1 - Sen. Nicholas A. Paul Floor Amendment https://www.nmlegis.gov/Sessions/25%20Regular/floor_amendments/SFL_6%20HB%208%20231203.1.pdf
SJC Committee Report https://www.nmlegis.gov/Sessions/25%20Regular/bills/house/HB0008JU1.pdf
House 230942.1 - Rep. Andrea Reeb Floor Amendment https://www.nmlegis.gov/Sessions/25%20Regular/Floor_Amendments/230942.1.pdf
House 230840.1 - Rep. Andrea Reeb Floor Amendment https://www.nmlegis.gov/Sessions/25%20Regular/Floor_Amendments/230840.1.pdf
LESC Analysis https://www.nmlegis.gov/Sessions/25%20Regular/LESCAnalysis/HB0008.PDF
HJC Committee Report https://www.nmlegis.gov/Sessions/25%20Regular/bills/house/HB0008JC1.pdf
House HJC1 HB8 230708.1 Committee Amendment https://www.nmlegis.gov/Sessions/25%20Regular/Committee_Subs_And_Amendments/HB0008JC1%20230708.1%20.pdf
House HJC1 HB8 230708 Committee Amendment https://www.nmlegis.gov/Sessions/25%20Regular/Committee_Subs_And_Amendments/HB0008JC1%20230708.pdf
Fiscal Note https://www.nmlegis.gov/Sessions/25%20Regular/firs/HB0008.PDF
BillText https://www.nmlegis.gov/Sessions/25%20Regular/bills/house/HB0008.pdf
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