SENATE BILL 232

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Crystal Brantley

AN ACT

RELATING TO COMPETENCY; PROVIDING FOR THE DETERMINATION OF COMPETENCY OF A CHILD.

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

     SECTION 1. [NEW MATERIAL] DETERMINATION OF COMPETENCY OF A CHILD.--

          A. The question of competency of a child may be raised by the court or by written motion of either party to the proceeding, accompanied by any documents supporting the motion.

          B. The court may order a determination of a child's competency if the court finds that a compelling reason exists to evaluate and determine competency. The age of the child shall not alone be a compelling reason.

          C. When determining competency for a child defendant, the child shall be presumed to be competent.

          D. Upon the court ordering a determination of competency of a child, the child's competency shall be evaluated by an independent child psychologist recognized by the court as an expert.

          E. The determination of competency shall include:

                (1) an evaluation of the child's ability to understand relevant information;

                (2) an assessment of the child's ability to appreciate the consequences of choices;

                (3) a measurement of the child's reasoning skills in weighing options and outcomes; and

                (4) the child's ability to express a choice clearly.

          F. As used in this section, "child" means a person under eighteen years of age.

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