The bill amends New Mexico law to enhance criminal competency procedures and address public safety concerns. It introduces community-based competency restoration for non-dangerous defendants and expands the list of crimes eligible for criminal commitment. Courts are now empowered to advise district attorneys on involuntary commitment or assisted outpatient treatment following the dismissal of a criminal case. The bill also allows competency evaluation reports to be used in involuntary commitment proceedings and enables district attorneys or the attorney general to file petitions for assisted outpatient treatment within thirty days of a qualified professional's examination of a defendant. Additionally, it establishes the crime of unlawful possession of a weapon conversion device and increases penalties for certain automobile theft offenses and making shooting threats.
Moreover, the bill revises the requirements for obtaining warrants for blood tests in DUI cases, allowing specific medical professionals to conduct these tests. It introduces a new section under the Criminal Sentencing Act that enhances penalties for trafficking fentanyl based on the quantity possessed, with increased sentences for larger amounts. The bill also clarifies that only qualified medical professionals may perform chemical blood tests and provides them with immunity from liability, except in cases of negligence. Overall, the legislation aims to improve the handling of mental health issues within the criminal justice system while strengthening laws related to drug trafficking and driving under the influence offenses.
Statutes affected: introduced version: 31-9-1.2, 31-9-1.3, 31-9-1.4, 31-9-1.5, 31-9-1.6, 31-9-2, 43-1B-4
JC substitute: 31-9-1.2, 31-9-1.3, 31-9-1.4, 31-9-1.5, 31-9-1.6, 31-9-2, 43-1B-4, 30-16D-2, 30-16D-3, 30-20-16, 30-28-2, 66-8-104, 66-8-111, 66-8-111.1, 66-13-6, 66-13-7
Final Version: 31-9-1.2, 31-9-1.3, 31-9-1.4, 31-9-1.5, 31-9-1.6, 31-9-2, 43-1B-4, 30-16D-2, 30-16D-3, 30-20-16, 30-28-2, 66-8-104, 66-8-111, 66-8-111.1, 66-13-6, 66-13-7