The bill introduces significant amendments to New Mexico law concerning firearms possession and the treatment of defendants deemed incompetent to stand trial. It redefines "serious violent felon" by referencing specific criteria from Section 33-2-34 NMSA 1978 and includes serious violent felony offenses in the context of GPS data availability for law enforcement. The bill clarifies penalties for felons and individuals under protective orders who unlawfully possess firearms, establishing that such offenses can result in misdemeanor charges or third-degree felonies based on the circumstances.
Furthermore, the bill outlines procedures for assessing the competency of defendants, including the potential for community-based competency restoration programs and criteria for involuntary commitment. It mandates timely assessments and hearings to ensure defendants receive appropriate treatment while addressing public safety. The legislation also modifies penalties related to the use of firearms during specific offenses, increases imprisonment sentences for brandishing or discharging firearms, and updates regulations for inmate educational programs. Notably, it removes outdated language and incorporates new definitions to enhance clarity and compliance with current legal standards.
Statutes affected: introduced version: 30-7-16, 31-20-9, 31-9-1.2, 31-9-1.4, 31-9-1.5, 31-9-1.6, 31-18-16, 33-2A-3, 33-11-3