The bill amends New Mexico law to enhance criminal competency procedures and public safety measures. It introduces community-based competency restoration for non-dangerous defendants and expands the list of crimes eligible for criminal commitment, including serious offenses like murder and human trafficking. Courts are empowered to advise district attorneys on involuntary commitment or assisted outpatient treatment upon case dismissal, and competency evaluation reports can now be used in involuntary commitment proceedings. The bill also allows 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, the bill establishes the crime of unlawful possession of a weapon conversion device as a third-degree felony and increases penalties for automobile theft and making shooting threats, categorizing these offenses as fourth-degree felonies. It revises the requirements for obtaining warrants for blood tests in DUI cases, allowing only qualified medical professionals to conduct these tests while providing them immunity from liability, except in cases of negligence. The bill aims to strengthen penalties for drug trafficking, particularly fentanyl, by introducing sentence enhancements based on the quantity possessed and the involvement in trafficking activities. Overall, the legislation seeks to improve the intersection of mental health and criminal justice while tightening regulations on serious 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