FORTY-THIRD LEGISLATURE            HB 765/a
                        FIRST SESSION, 1997
  
  
                                                   March 20, 1997
  
  Mr. President:
  
      Your JUDICIARY COMMITTEE, to whom has been referred
  
                     HOUSE BILL 765, as amended
  
  has had it under consideration and reports same with recommendation
  that it DO PASS, amended as follows:
  
      1.  Strike House Judiciary Committee Amendments 2, 3 and 4.
  
      2.  On page 1, line 23, after the period strike the remainder
  of the line, strike lines 24 and 25, and on page 2, strike lines 1
  and 2, and insert in lieu thereof:
  
          "B.  If the court finds, by a preponderance of the
  evidence, that the defendant is mentally retarded, then no later
  than one year from the court's initial determination that the
  defendant is incompetent to stand trial, the department shall
  perform an evaluation to determine whether the defendant presents a
  likelihood of serious harm to himself or a likelihood of serious
  harm to others.
  
          C.  If the department evaluation results in a finding that
  the defendant presents a likelihood of serious harm to himself or a
  likelihood of serious harm to others, within sixty days of the
  department's evaluation the department:
  
               (1)  shall commence proceedings pursuant to Chapter
  43, Article 1 NMSA 1978 if the defendant was charged with first
  degree homicide, first degree sexual penetration, criminal sexual
  contact of a minor or arson in the initial proceedings, and the
  court presiding over the initial proceedings shall enter a finding
  that the respondent presents a likelihood of harm to others; or
  
               (2)  may commence proceedings pursuant to Chapter 43,
  Article 1 NMSA 1978 if the defendant was charged with any crime
  other than first degree homicide, first degree sexual penetration,
  criminal sexual contact of a minor or arson in the initial
  proceedings from which he was referred pursuant to this section to
  the department.
  
          
  
  
  
          D.  The criminal charges shall be dismissed without
  prejudice after the hearing pursuant to Chapter 43, Article 1 NMSA
  1978 or upon expiration of fourteen months from the court's initial
  determination that the defendant is incompetent to stand trial.".
  
      3.  Reletter the succeeding subsection accordingly.
  
  
                               Respectfully submitted,
  
  
  
                               __________________________________
                               Fernando R. Macias, Chairman 
  
  
  
  Adopted_______________________   Not Adopted_______________________
            (Chief Clerk)                          (Chief Clerk)
  
  
                    Date ________________________
  
  
  The roll call vote was  7  For  0  Against
          Yes:    7
          No:     0
               Excused:     Tsosie
          Absent: None
  
  
  H0765JU1                                              .119252.1