SENATE BILL 2

57th legislature - STATE OF NEW MEXICO - first special session, 2025

INTRODUCED BY

Katy M. Duhigg and Christine Chandler

and Michelle Paulene Abeyta and Pamelya Herndon

 

 

 

 

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.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 31-9-1 NMSA 1978 (being Laws 1988, Chapter 107, Section 1 and Laws 1988, Chapter 108, Section 1, as amended) is amended to read:

     "31-9-1. DETERMINATION OF COMPETENCY--RAISING THE

ISSUE.--

          A. When a party or the court raises a question as to a defendant's competency to stand trial in a criminal case, the proceeding shall be suspended until the issue is determined.

          B. Unless the case is dismissed upon motion of a party or through diversion, if the question of a defendant's competency is raised in a court other than a district court or metropolitan court, the case shall be transferred to the district court; provided that if the question of a defendant's competency is raised in a metropolitan court and the court determines that the defendant is not competent to stand trial, the case shall be transferred to the district court."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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