State of New Mexico
                      House of Representatives
  
                      FORTY-THIRD LEGISLATURE
                        FIRST SESSION, 1997
  
  
                                                 February 6, 1997
  
  
  Mr. Speaker:
  
       Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
  whom has been referred
  
                        HOUSE BILL 101
                               
  has had it under consideration and reports same with
  recommendation that it DO PASS, amended as follows:
  
       1.  On page 8, line 14, strike the period and insert in lieu
  thereof a colon, and on line 15, strike "If" and insert "if".    
  
       2.  On page 10, line 16, following the period insert
  "Interference under this section shall not include efforts by
  facilities or individuals to establish whether there is reasonable
  cause to believe that there is adult abuse, neglect or
  exploitation.".
  
       3.  On page 17, line 17, between "professionals" and the
  semicolon insert "pursuant to the Probate Code".
  
       4.  On page 22, line 5, strike "refuses" and insert in lieu
  thereof "is unable".
       
       5.  On page 22, line 6, after "placement" insert "or
  services".
  
       6.  On page 25, between lines 24 and 25, insert the following
  new section:
       
       "Section 13.  Section 27-7-27 NMSA 1978 (being Laws 1989,
  Chapter 389, Section 14, as amended) is amended to read:
  
       "27-7-27.  HEARING ON PETITION.--
  
            A.  The hearing on a petition for renewal of an emergency
  ex-parte order for protective services or for an order for non-
  emergency protective placement or services shall be held under the
  following conditions:
  
                 (1)  the adult shall be present unless the court
  determines it is impossible for the adult to be present or it is not
  in the adult's best interest because of a threat to that adult's
  health and safety;
  
                 (2)  the adult has the right to counsel whether or
  not the adult is present at the hearing.  If the person is indigent,
  the court shall appoint counsel no later than the time of the filing
  of the petition;
  
                 (3)  counsel appointed by the court pursuant to
  Paragraph (2) of this subsection shall interview the allegedly
  incapacitated adult prior to any hearing on the petition or any
  application for renewal of the original emergency order;
  
                 (4)  the adult shall have the right to trial by
  jury upon request by the adult or his counsel only in hearings held
  on petitions for non-emergency protective placement or services; and
  
                 (5)  the adult has the right at his own expense or,
  if indigent, at the expense of the state to secure an independent
  medical, psychological or psychiatric examination relevant to the
  issue involved in any hearing under this section and to present a
  report of this independent evaluation or the evaluator's personal
  testimony as evidence at the hearing.
  
            B.  The duty of counsel representing an adult for whom a
  petition for an order for emergency protective services or for non-
  emergency protective placement or services has been filed shall be
  to represent the adult by presenting his declared position to the
  court.
  
            C.  The court shall issue for the record a statement of
  its findings in support of any order for renewal of emergency pro-
  
  tective services or for non-emergency protective placement or
  services."".
  
       7.  Renumber succeeding sections accordingly.
  
       8.  On page 27, strike lines 15 and 16, and insert in lieu
  thereof "department petitions the court appoint pursuant to the
  Probate Code;".
  
                                Respectfully submitted,
  
  
  
                                                                                               
                                                              Gary King, Chairman
  
  
  Adopted                       Not Adopted                       
            (Chief Clerk)                       (Chief Clerk)
  
                         Date             
  
  The roll call vote was 9  For 0  Against
  Yes:      9
            Excused:  Sandel
            Absent:   None
  
  
                                                     114896.2
                                                     116063.1
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