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NM SB2

NM SB2
Criminal Competency


summary

Introduced
10/01/2025
In Committee
10/02/2025
Crossed Over
10/01/2025
Passed
10/03/2025
Dead
Signed/Enacted/Adopted
10/03/2025

Introduced Session

2025 1st Special Session

Bill Summary

AN ACT RELATING TO CRIMINAL COMPETENCY; PROVIDING FOR A METROPOLITAN COURT TO RETAIN JURISDICTION OF A CASE IN WHICH THE QUESTION OF A DEFENDANT'S COMPETENCY IS RAISED UNLESS THE METROPOLITAN COURT DETERMINES THAT THE DEFENDANT IS NOT COMPETENT TO STAND TRIAL; DECLARING AN EMERGENCY.

AI Summary

This bill modifies existing New Mexico law regarding criminal competency proceedings by allowing metropolitan courts to retain jurisdiction over cases where a defendant's competency is questioned, with a key provision that if the metropolitan court determines the defendant is not competent to stand trial, the case will then be transferred to district court. Currently, if a competency issue is raised in a court other than a district court, the case is automatically transferred to district court. The bill provides metropolitan courts with more discretion in handling competency determinations, potentially reducing unnecessary case transfers and allowing these courts to initially assess a defendant's ability to understand and participate in their own criminal proceedings. The bill also includes an emergency clause, which means it would take effect immediately upon passage, emphasizing the urgency and importance of the legal change for public safety and judicial efficiency.

Committee Categories

Justice

Sponsors (9)

Last Action

Signed by Governor - Chapter 4 - Oct. 3 (on 10/03/2025)

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