HB 8 — CRIMINAL COMPETENCY & TREATMENT

oHJC/HB t8/a hrPage 5 (3) committing criminal sexual penetration, as g e i k h r provided in Section 30-9-11 NMSA 1978;

i s h (4) committing criminal sexual contact of a , t, e u g minor, as provided in Section 30-9-13 NMSA 1978;

e b l e e h (5) committing abuse of a child, as provided n d d i = = o h l ] b ,d in Subsection D of Section 30-6-1 NMSA 1978;

i a º e r i = r (6) violating a provision of the Sexual tExploitation eof wChildren dAct; m a n o d m :

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 7 - e a n e d r e l u [ A d HJC/HB 8 Exploitation of Children Act;

[Upon dismissal the court may advise, the district attorney to consider initiation of proceedings under the Mental Health and Developmental Disabilities Code and order the defendant h confined for a maximum of seven days to facilitate preparation u » r and initiation of a petition pursuant to that code] provided t h g e that if the court dismisses the case, the court may:

l i h r i s (1) advise the district attorney to consider h , e h the initiation of involuntary civil commitment proceedings in t u g e b l accordance with the Mental Health and Developmental eHJC/HB e8/a ,Page gh6 n d d i = = o h Disabilities Code and may detain the defendant for a maximum of l ] b ,d i a º r seven days to facilitate initiation of those proceedings;

or e(2) radvise =the tdistrict eattorney wto dconsider (2)initiation adviseof proceedings in accordance with the districtAssisted attorneyOutpatient toTreatment considerAct mbut amay nnot odetain dthe mdefendant :for that purpose.

b r e t º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 8 - e a n e d r e l u [ A d HJC/HB 8 initiation of proceedings in accordance with the Assisted Outpatient Treatment Act but may not detain the defendant for that purpose.

(a) an initial assessment of the h u defendant and a description of the competency restoration » r t h programming that will be provided to the defendant;

g e l i (b) a report on the defendant's h r i s h , amenability to competency restoration;

e h t u g (c) an assessment of the program's eHJC/HB b8/a lPage e7 e , gh capacity to provide appropriate programming for the defendant;

nand d(d) dan iopinion =as =to othe hprobability lof ]the bdefendant ,dbeing andrestored ito acompetency ºwithin rninety edays rfrom =the (d)date anthat opinionthe ascourt toordered the probabilitydefendant's ofparticipation tin ethe wcommunity-based dcompetency mrestoration aprogram; n o d m :

b r e t º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 9 - e a n e d r e l u [ A d HJC/HB 8 the defendant being restored to competency within ninety days from the date that the court ordered the defendant's participation in the community-based competency restoration program;

(b) if the defendant is receiving medication, information from the prescribing physician about h the type, dosage and effect of the medication on the u » r defendant's appearance, actions and demeanor;

t h g e (c) if the defendant remains not l i h r i s competent, an opinion as to whether the defendant satisfies the h , e h criteria for involuntary commitment in accordance with the t u g e b l Mental Health and Developmental Disabilities Code and HJC/HB 8/a Page 8 whether:

e e , gh n d d i = = o h 1) as a result of mental disorder, the defendant presents a l ] b ,d i a º r likelihood of serious harm to the defendant's self or others;

e r = t e w d 2) the defendant needs and is likely to benefit from minvoluntary acommitment nand otreatment; d m :

b r e t º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 10 - e a n e d r e l u [ A d HJC/HB 8 involuntary commitment and treatment;

and h u 5) will likely benefit from assisted outpatient treatment and » r t h have the defendant's best interests served;

and g e l i (3) if, after a review hearing, the court h r i s h , finds that the defendant is competent, the case shall proceed e h t u g to trial, but if the court finds that the defendant remains notHJC/HB e8/a bPage l9 enot e , gh competent, the case shall be dismissed without prejudice and n d d i = = o h l ] b ,d the court may advise the district attorney to consider i a º r e r = initiating proceedings in accordance with the Mental Health and tDevelopmental eDisabilities wCode dor mthe aAssisted nOutpatient oTreatment dAct. m :

bD. r e t º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 11 - e a n e d r e l u [ A d HJC/HB 8 Developmental Disabilities Code or the Assisted Outpatient Treatment Act.

[B.If the court determines that a defendant who is not competent is dangerous, the district court may commit the defendant as provided in this section for competency restoration.

WhenIf the court orders commitment, the court shall enter a district]transport D.order that provides for the defendant's return to the local jail within seventy-two hours upon the defendant being restored to competency, completion of the competency restoration program or as otherwise required by the court.

IfA the court determines that a [defendant charged with a felony is incompetent to proceed in the criminal case, but does not dismiss the criminal case, and the district court at that time makes a specific finding that the] defendant whocommitted isfor notcompetency competentrestoration isshall dangerous,be the district court may commit the defendant as provided inwith thistreatment sectionavailable for [treatment to attainpersons competencysubject to proceedcivil incommitment, aand: criminal case.

The(1) court shall enterbe andetained appropriateby transport order that also provides for return of the defendantdepartment to the local facilities of thehealth courtin upona completionsecure, oflocked thefacility; treatment.

Theand defendant(2) soshall committed]not competencybe restoration.released from that facility except pursuant to an order of the court that committed the defendant.

IfE. the court orders commitment, the court shall enter a transport order that provides for the defendant's return to the local jail within seventy-two hours upon the defendant being h restored to competency, completion of the competency g o restoration program or as otherwise required by the court.

AThe tdepartment hrof ghealth eshall iadmit ka defendant committed for competency restoration shallwithin befifteen hdays rof ireceipt sof providedthe withcourt's treatmentorder of commitment of an incompetent defendant and of the necessary and available todocuments [involuntarilyHJC/HB committed8/a ]Page h10 ,reasonably t,required personsfor subjectadmission pursuant to civilwritten commitmentpolicies ,adopted and:by the secretary of health or the secretary's designee.

eIf uthe gsecretary eof bhealth lor ethe esecretary's hdesignee (1)determines [thethat defendantthe ]department shallof behealth detaineddoes bynot have the nability dto dmeet ithe =needs =of othe hdefendant, departmentthe secretary or the secretary's designee may refuse admission by providing written certification to the committing court and the parties of healththe indepartment's ainability secure,to lockedmeet facility;the needs of the defendant.

andThe lcertification ]shall bbe ,dmade iwithin aseven ºdays eof (2)the [thereceipt defendant,of during the periodcourt's order of rcommitment iand =necessary rand tavailable edocuments wreasonably drequired commitment]for shalladmission notpursuant beto releasedwritten frompolicies thatadopted [secure]by facilitythe msecretary aor nthe osecretary's ddesignee. m :

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 12 - e a n e d r e l u [ A d HJC/HB 8 except pursuant to an order of the [district ] court that committed [him ] the defendant.

[C.

] E.

The department of health shall admit a defendant for competency restoration within Sfl2ºSJCºthirty»SJC SJCºseven»SJC»Sfl2 Sfl2º Sfl2ºthirty»Sfl2»Sfl2 Sfl2ºfifteen»Sfl2 days of receipt of the court's order of commitment of an incompetent defendant and of the necessary and available documents reasonably required for admission pursuant to written policies adopted by the secretary of health or [his designee, the defendant shall be admitted to a facility designated for the treatment of defendants who are incompetent to stand trial and dangerous.

If after conducting an investigation] the secretary's designee.

If the secretary of health or the secretary's designee determines that the department of health does not have the ability to meet the [medical ] needs of [a] the defendant h g [ordered committed to a facility ], the secretary or [his] the o t hr secretary's designee may refuse admission [to the defendant g e i k h r upon] by providing written certification to the committing i s h court and the parties of the [lack of ability ] department's , t, e u g inability to meet the [medical] needs of the defendant.

The e b l e e h n d d i certification [must] shall be made within SJCºfourteen»SJC = = o h l ] b ,d SJCº seven»SJC days of the receipt of the court's order of i a º e r i = r commitment and necessary and available documents reasonably t e w d m a n o d m :

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 13 - e a n e d r e l u [ A d HJC/HB 8 required for admission pursuant to written policies adopted by the secretary or [his ] the secretary's designee.

[D.F.

AsWithin usedthirty indays Sectionsof 31-9-1a throughdefendant's 31-9-1.5admission NMSAto 1978,a "dangerous"department meansof that,health iffacility released,or thean defendantinpatient presentspsychiatric ahospital seriousfor threatcompetency ofrestoration, inflictingthe greatdepartment bodilyshall harmfile onwith anotherthe orcourt, ofthe violatingstate Sectionand 30-9-11the ordefense: 30-9-13 NMSA 1978.

E.](1) F.an initial assessment of the defendant and treatment plan;

Within(2) thirty days of [an incompetent] a defendant'sreport admissionon to a department of health facility [to undergo treatment to attain competency to proceed in a criminal case, the person supervising the defendant's treatment]amenability orto an inpatient psychiatric hospital for competency restoration,restoration; the department shall file with the [district] court, the state and the defense:

(1)HJC/HB an8/a initialPage 11 (3) an assessment of the defendantdepartment's andcapacity hto provide appropriate treatment plan;for the defendant;

[andand ](4) gan oopinion (2)as ato report on the defendant'sprobability amenabilityof tothe tdefendant hrbeing grestored eto icompetency kwithin [treatmentnine tomonths renderfrom himthe competentdate tothe proceedcourt indetermined athe criminaldefendant his rnot icompetent sto case]stand competencytrial." restoration;SECTION 4.

h , t, (3) an assessment of the [facility's or e u g e b l e e h program's] department's capacity to provide appropriate n d d i = = o h treatment for the defendant;

and l ] b ,d i a º e (4) an opinion as to the probability of the r i = r t e w d [defendant's attaining ] defendant being restored to competency m a n o d m :

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 14 - e a n e d r e l u [ A d HJC/HB 8 within [a period of ] nine months from the date [of the original finding of incompetency to proceed in a criminal case] the court determined the defendant is not competent to stand trial." SECTION 4.

Within ninety days [of the entry of the order committing an incompetent defendant to undergo treatment, the district court] after a court issues an order committing a defendant for competency restoration, the court, sitting without a jury, shall conduct a review hearing, unless waived by the defense, and shall determine:

(1) whether the defendant [ishas competentbeen restored to hcompetency gor proceedremains innot thecompetent criminalto case;stand trial;

and,(2) if not]the hasdefendant beenremains not competent, whether the defendant is making progress toward being restored to ocompetency twithin hrnine competencymonths orfrom remainsthe date the court determined the defendant is not competent to stand trial;

gand e(3) iwhether k h r (2) if the defendant remains notdangerous competentas ,determined iby s h whether the defendant is making progress [under treatment ] , t, e u g toward [attainment of ] being restored to competency within nine e b l e e h months from the date [of the original finding of incompetency ] n d d i = = o h l ] b ,d the court determinedin theaccordance defendantwith isSection notHJC/HB competent8/a toPage stand12 i31-9-1.2 aNMSA º1978. e r i = r trial;

and t e w d m a n o d m :

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 15 - e a n e d r e l u [ A d HJC/HB 8 (3) whether the defendant remains dangerous as [that term is defined in ] determined by the court in accordance with Section 31-9-1.2 NMSA 1978.

At least seven days prior to the review hearing, the treatment supervisor shall submit a written progress report to the court, the state and the defense [indicating ] that includes:

(1) the clinical findings [of the treatment supervisor] regarding the defendant's progress toward competency restoration and the facts upon which the findings are based;

(2) [the ] an opinion [of the treatment supervisor] as to whether the defendant has [attained] been restored to competency or as to whether the defendant is making progress [under treatment ] toward [attaining] being restored to competency within nine months from the date [of the original h finding of incompetency] the court determined the defendant is g o not competent to stand trial and whether there is a substantial t hr g e i k probability that the defendant will [attain ] be restored to h r i s competency within nine months from the date [of the original h , t, finding of incompetency] the court determined the defendant is e u g e b l e e h not competent to stand trial;

n d d i = = o h (3) an opinion as to whether the defendant l ] b ,d i a º e [is] remains dangerous as [that term is defined in] determined r i = r t e w d by the court in accordance with Section 31-9-1.2 NMSA 19781978; [or m a n o d m :

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 16 - e a n e d r e l u [ A d HJC/HB 8 whether the defendant satisfies the criteria for involuntary commitment contained in the Mental Health and Developmental Disabilities Code];

HJC/HB 8/a Page 13 C.

If the district court finds that the defendant [to be competent ] is restored to competency, the district court shall set the matter for trial;

provided that if the defendant is in need of continued care or treatment and the [supervisor of the defendant's treatment] department of health agrees to continue to provide it, the district court may [enter any ] order [it deems appropriate for the ] continued care or treatment of the defendant [by the facility or program pending ] until the conclusion of the criminal proceedings.

h g D.

If the district court finds that the defendant o t hr [is still] remains not competent [to proceed in a criminal g e i k h r case] but that [he] the defendant is making progress toward i s h [attaining ] being restored to competency, the district court , t, e u g may continue or modify its original [treatment ] commitment e b l e e h order entered pursuant to Section 31-9-1.2 NMSA 1978;

provided n d d i = = o h l ] b ,d that:

i(1) athe ºquestion eof rthe idefendant's =competency rshall (1)be thereviewed questionagain ofnot thelater defendant'sthan competencynine tmonths efrom wthe ddate mthe acourt ndetermined othe ddefendant mis :not competent to stand trial;

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 17 - e a n e d r e l u [ A d HJC/HB 8 shall be reviewed again not later than nine months from the [original determination of incompetency to proceed in a criminal case] date the court determined the defendant is not competent to stand trial;

If the district court finds that the defendant [is still] remains not competent, that [he] the defendant is not making progress toward [attaining ] being restored to competency and that there is not a substantial probability that [he] the defendant will [attain] be restored to competency within nine months from the date [of the originalHJC/HB finding8/a ofPage incompetency14 the district court] the court determined the defendant is not competent to stand trial, the court shall proceed pursuant to Section 31-9-1.4 NMSA 1978.

However, if h the defendant is in need of continued care and treatment and g o the [supervisor of the defendant's treatment ] department of t hr g e i k health agrees to continue to provide it, the district court may h r i s [enter any ] order [it deems appropriate for the] continued care h , t, or treatment of the defendant by the [facility or program e u g e b l e e h pending] department until the conclusion of the criminal n d d i = = o h proceedings." l ] b ,d i a º e SECTION 5.

Section 31-9-1.4 NMSA 1978 (being Laws 1988, r i = r t e w d m a n o Chapter 107, Section 5 and Laws 1988, Chapter 108, Section 5, das mamended) :is amended to read:

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 18 - e a n e d r e l u [ A d HJC/HB 8 as amended) is amended to read:

DETERMINATION OF COMPETENCY--INCOMPETENT DEFENDANTS.--If at any time the district court determines that there is not a substantial probability that the defendant will [become competent to proceed in a criminal case within a reasonable period of time not to exceed nine months from the date of the original finding of incompetency] be restored to competency within nine months from the date the court determined the defendant is not competent to stand trial, the district court may:

[hear the matter pursuant to ] hold a criminal commitment hearing in accordance with Section 31-9-1.5 NMSA 1978 within three months if the defendant is charged withwith: [a felony that involves the infliction of great bodily harm on another person;

a(1) felonymurder thatin involves the usefirst ofor asecond firearm;degree, as provided in Section 30-2-1 NMSA 1978;

aggravated(2) arson,a felony involving infliction of great bodily harm, as provideddefined in Section 30-17-630-1-12 NMSA 1978;1978, on another person;

h(3) u criminal sexual penetration, as provided inHJC/HB Section8/a 30-9-11Page »15 rin tSection h30-9-11 NMSA 1978;

or criminal sexual contact of a minor, as provided g e l i in Section 30-9-13 NMSA 1978]:

h r i s h , (1) murder in the first or second degree, as e h t u g provided in Section 30-2-1 NMSA 1978;

e b l e e , gh (2) a felony involving infliction of great n d d i = = o h l ] b ,d bodily harm, as defined in Section 30-1-12 NMSA 1978, on i a º r e r = another person;

t e w d m a n o d m :

b r e t º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 19 - e a n e d r e l u [ A d HJC/HB 8 (3) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;

release the defendant from custody and dismiss h the criminal case with prejudiceprejudice; [the charges against him];

or g o C.

dismiss the criminal case without prejudice in t hr g e i k the interest of justice;

provided that if the treatment h r i s supervisor [has issued a report finding ] reports to the court h , t, that the defendant satisfies the criteria for involuntary e u g e b l e e h commitment [contained ] in accordance with the Mental Health and n d d i = = o h Developmental Disabilities Code, the department of health shall l ] b ,d i a º e [commence] initiate those proceedingsproceedings, [pursuant to Chapter 43, r i = r t e w d Article 1 NMSA 1978], and the court may order the defendant mconfined for a nmaximum oof dseven mdays :to facilitate the initiation of those proceedings;

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 20 - e a n e d r e l u [ A d HJC/HB 88/a confinedPage for16 aand maximumprovided offurther seventhat daysthe todistrict facilitateattorney [preparationmay and]initiate theinvoluntary initiationcommitment ofproceedings [ain petition pursuant to the Mentaldepartment's Healthstead." andSECTION Developmental6. Disabilities code.

The district court may refer the defendant to the district attorney for possible initiation of proceedings under the Mental Health and Developmental Disabilities Code] those proceedings;

and provided further that the district attorney may initiate involuntary commitment proceedings in the department's stead." SECTION 6.

[As provided for in Subsection A of Section 31-9-1.4 NMSA 1978, A] If the court determines that there is not a substantial probability that a defendant who is not h u competent to stand trial will be restored to competency, a » r t h commitment hearing to determine the sufficiency of the evidence g e l i of the defendant's guilt shall be held if [the case is not h r i s h , dismissed and if] the defendant is charged withwith: [a felony that e h t u g involves the infliction of great bodily harm on another person;

e b l e e , gh a felony that involves the use of a firearm;

aggravated arson, n d d i = = o h l ] b ,d as provided in Section 30-17-6 NMSA 1978;

criminal sexual i a º r e r = penetration, as provided in Section 30-9-11 NMSA 1978;

or t e w d m a n o d m :

b r e t º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 21 - e a n e d r e l u [ A d HJC/HB 8 criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978.

Such]:

HJC/HB 8/a Page 17 (6) a crime provided for in the Sexual Exploitation of Children Act;

(7) human trafficking, as provided in Section h 30-52-1 NMSA 1978;

g o (8) aggravated arson, as provided in Section t hr g e i k 30-17-6 NMSA 1978;

or h r i s (9) any "serious violent offense" enumerated h , t, in Subparagraphs (a) through (n) of Paragraph (4) of Subsection e u g e b l e e h L of Section 33-2-34 NMSA 1978 with the use of a firearm.

n d d i = = o h B.

A criminal commitment hearing shall be conducted l ] b ,d i a º e by the district court without a jury.

The state and the r i = r t e w d defendant may introduce evidence relevant to the question of mthe adefendant's nguilt oof dthe mcrime :charged.

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 22 - e a n e d r e l u [ A d HJC/HB 8 the defendant's guilt of the crime charged.

[B.] C.

If the evidence does not establish by clear and convincing evidence that the defendant committed [athe felonycrime thatcharged, involves the inflictiondistrict ofcourt greatshall bodilydismiss harmthe oncriminal anothercase person;with prejudice.

aD. felony that involves the use of a firearm;

aggravatedIf arson,the asdistrict providedcourt finds by clear and convincing evidence that the defendant committed the crime HJC/HB 8/a Page 18 charged and has not made a finding of dangerousness in accordance with Section 30-17-631-9-1.2 NMSA 1978;1978, the district court shall dismiss the criminal case without prejudice.

criminalE. sexual penetration, as provided in Section 30-9-11 NMSA 1978;

orIf criminalthe sexualdistrict contactcourt offinds aby minor,clear asand providedconvincing inevidence Sectionthat 30-9-13the NMSAdefendant 1978]committed the crime charged,charged and enters a finding that the districtdefendant courtremains shallnot dismisscompetent to stand trial and remains dangerous as determined by the criminalcourt casein accordance with prejudice.Section 31-9-1.2 NMSA 1978:

[however,(1) nothingthe indefendant this section shall preventbe thedetained stateby from initiating h g proceedings under the provisionsdepartment of thehealth Mentalin Health and o t hr Developmental Disabilities Code, and the court may order the g e i k h r defendant confined for a maximumsecure, oflocked sevenfacility; days to facilitate i s h preparation and initiation of a petition pursuant to that code.

,(2) t,the edefendant ushall gnot C.]be D.released from that secure facility except pursuant to an order of the court that committed the defendant or upon expiration of the period of time equal to the maximum sentence to which the defendant would have been subject had the defendant been convicted in a criminal proceeding;

If(3) thesignificant districtchanges courtin finds by clear and e b l e e h convincing evidence that the defendantdefendant's committedcondition, [aincluding ]trial thecompetency crime n d d i = = o h l ] b ,d charged and hasdangerousness, notshall madebe areported finding of dangerousness [pursuant i a º e r i = r to] in accordancewriting withto Section 31-9-1.2 NMSA 1978, the district tcourt, estate wand ddefense; m a n o d m :

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 23 - e a n e d r e l u [ A d HJC/HB 8 court shall dismiss the [charges ] criminal case without prejudice.

[The state may initiate proceedings pursuant to the provisions of the Mental Health and Developmental Disabilities Code and the court may order the defendant confined for a maximum of seven days to facilitate preparation and initiation of a petition pursuant to that code.

D.] E.

If the district court finds by clear and convincing evidence that the defendant committed [a felony that involves the infliction of great bodily harm on another person;

a felony that involves the use of a firearm;

aggravated arson, as provided in Section 30-17-6 NMSA 1978;

criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;

or criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978] the crime charged and enters a finding that the defendant remains [incompetent to proceed ] not competent to stand trial and remains dangerous [pursuant to] as determined h by the court in accordance with Section 31-9-1.2 NMSA 1978:

g o (1) the defendant shall be detained by the t hr g e i k department of health in a secure, locked facility;

h r i s (2) the defendant shall not be released from h , t, that secure facility except pursuant to an order of the e u g e b l e e h [district ] court [which] that committed [him] the defendant or n d d i = = o h upon expiration of the period of time equal to the maximum l ] b ,d i a º e sentence to which the defendant would have been subject had the r i = r t e w d defendant been convicted in a criminal proceeding;

m a n o d m :

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 24 - e a n e d r e l u [ A d HJC/HB 8 (3) significant changes in the defendant's condition, including [but not limited to ] trial competency and dangerousness, shall be reported in writing to the district court, state and defense;

HJC/HB 8/a Page 19 (a) upon a finding that the defendant is competent to proceed in a criminal case, the court shall continue with the criminal proceeding;

(b) if the defendant continues to [be incompetent to proceed in a criminal case] remain not competent to stand trial and dangerous [pursuant to] in accordance with Section 31-9-1.2 NMSA 1978, the court shall review the h u defendant's competency and dangerousness every two years until » r t h expiration of the period of commitment equal to the maximum g e l i sentence to which the defendant would have been subject had [he h r i s h , or she] the defendant been convicted in a criminal proceeding;

eand h(c) tif uthe gcourt [providedfinds thatupon ifits thetwo- treatmentyear supervisorreview recommendshearing that the e b l e e , gh defendant beis committedno pursuantlonger todangerous, the Mentaldefendant Healthshall andbe nreleased. d d i = = o h l ] b ,d Developmental Disabilities Code, the court may at any time i a º r e r = proceed pursuant to Subsection C of Section 31-9-1.4 NMSA 1978] t e w d m a n o d m :

b r e t º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 25 - e a n e d r e l u [ A d HJC/HB 8 and (c) [if the defendant is not committed pursuant to Sections 31-9-1 through 31-9-1.5 NMSA 1978 or] if the court finds upon its two-year review hearing that the defendant is no longer dangerous, [as defined in Section 31-9-1.2 NMSA 1978] the defendant shall be released.

If the district attorney indicates an intent to initiate involuntary commitment proceedings in accordance with the Mental Health and Developmental Disabilities Code, the court may detain the defendant for a maximum of seven days only to facilitate the h initiation of those proceedings at any licensed psychiatric uHJC/HB »8/a rPage hospital."20 thospital." h g e SECTION 7.

Section 31-9-1.6 NMSA 1978 (being Laws 1997, l i h r i s Chapter 153, Section 1, as amended) is amended to read:

h , e h "31-9-1.6.

HEARING TO DETERMINE DEVELOPMENTAL OR t u g e b l INTELLECTUAL DISABILITY.-- e e , gh n d d i = = o h A.

Upon motion of SJCºthea defense»SJCparty SJCºaor partythe lcourt, ]the bcourt ,dshall ihold a ºhearing rto ordetermine whether the court»SJCdefendant ,is [requestingnot competent due to a ruling]developmental or intellectual disability as defined in Subsection E of this section, and the courtevaluator shall holdbe aprovided ewith rthe =necessary tand eavailable wdocuments dreasonably hearingrequired tofor determineadmission whetherpursuant theto defendantwritten [has]policies isadopted notby mthe asecretary nof ohealth dor mthe :secretary's designee.

b r e t º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 26 - e a n e d r e l u [ A d HJC/HB 8 competent due to a developmental or intellectual disability as defined in Subsection E of this section, and the evaluator shall be provided with the necessary and available documents reasonably required for admission pursuant to written policies adopted by the secretary of health or the secretary's designee.

If the court finds by a preponderance of the evidence that the defendant [has ] is not competent to stand trial due to a developmental or intellectual disability and that there is not a substantial probability that the defendant will [become competent to proceed in a criminal case ] be restored to competency within [a reasonable period of time not to exceed] nine months from the date [of the original finding of incompetency, then, no later than sixty days from notification to the secretary of health or the secretary's designee of the court's findings, the department of health shall perform an evaluation to] the court determined the h u defendant is not competent to stand trial, the court shall » r t h notify the department of health of the court's finding.

Within g e l i sixty days of receipt of the court's notification, the h r i s h , department of health shall determine whether the defendant e h t u g presents a likelihood of serious harm to the defendant's self e b l e e , gh or others.

n d d i = = o h l ] b ,d C.

If the department of health [evaluationdetermines resultsthat ithe aHJC/HB º8/a rPage e21 rdefendant =presents in a finding]likelihood determinesof thatserious harm to self or others, the defendantdepartment presentsshall ainitiate tinvoluntary ecommitment wproceedings din maccordance awith nthe oMental dHealth mand :Developmental Disabilities Code if the defendant is charged with:

b r e t º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 27 - e a n e d r e l u [ A d HJC/HB 8 likelihood of serious harm to self or others, [within sixty days of the department's evaluation] the department shall [commence proceedings pursuant to Chapter 43, Article 1 NMSA 1978] initiate involuntary commitment proceedings in accordance with the Mental Health and Developmental Disabilities Code if the defendant [was ] is charged with [murder in the first degree, first degree criminal 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]:

h (3) criminal sexual penetration, as provided g o in Section 30-9-11 NMSA 1978;

t hr g e i k (4) criminal sexual contact of a minor, as h r i s provided in Section 30-9-13 NMSA 1978;

h , t, (5) abuse of a child, as provided in e u g e b l e e h Subsection D of Section 30-6-1 NMSA 1978;

n d d i = = o h (6) a crime provided for in the Sexual l ] b ,d i a º e Exploitation of Children Act;

r i = r t e w d (7) human trafficking, as provided in Section m30-52-1 aNMSA n1978; o d m :

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 28 - e a n e d r e l u [ A d HJC/HB 8 30-52-1 NMSA 1978;

or (9) any "serious violent offense" enumerated in Subparagraphs (a) through (n) of Paragraph (4) of Subsection L of Section 33-2-34 NMSA 1978 with the use of a HJC/HB 8/a Page 22 firearm.

[The criminal charges shall be dismissed without prejudice] After the [hearing pursuant to Chapter 43, Article 1 NMSA 1978] involuntary commitment hearing or upon expiration of fourteen months from the court's initial determination that the defendant is [incompetent to proceed in a criminal case ] not competent to stand trial, the criminal case shall be dismissed without prejudice.

As used in this section, "developmental or intellectual disability" means significantly subaverage general intellectual functioning existing concurrently with deficits in h g adaptive behavior.

An intelligence quotient of seventy or o t hr below on a reliably administered intelligence quotient test g e i k h r shall be presumptive evidence of developmental or intellectual i s h disability." , t, e u g SECTION 8.

Section 31-9-2 NMSA 1978 (being Laws 1967, e b l e e h Chapter 231, Section 3) is amended to read:

n d d i = = o h l ] b ,d "31-9-2.

COMPETENCY EVALUATIONEVALUATION--MENTAL --MENTAL OR FUNCTIONAL i a º e r i = r EXAMINATION.-- tA. e w d m a n o d m :

bUpon emotion dof sa ºparty oor tthe ncourt, =the .230708.1AICcourt Februaryshall 20,order 2025 (11:05am) s k m e - 29 - e a nmental eexamination dof rthe edefendant lbefore umaking [any Adetermination dof HJC/HBthe 8defendant's A.competency.

UponIf motionthe ofdefendant SJCºanyis defendant»SJCdetermined SJCºato partybe orindigent, the court»SJC , the court shall orderpay afor mentalthe examinationcosts of the defendantexamination beforefrom makingfunds anyavailable determinationto of the defendant'scourt. competency.

[under Sections 41-13-3 or 41-13-3.1 New Mexico Statutes Annotated, 1953 Compilation.

Where] If the defendant is determined to be indigent, the court shall pay for the costs of the examination from funds available to the court.

A court may authorize a district attorney or the department of health to use a report of any examination HJC/HB 8/a Page 23 ordered before a determination of a defendant's competency to stand trial for the purposes of initiating proceedings in accordance with the Mental Health and Developmental Disabilities Code or the Assisted Outpatient Treatment Act;

provided that the report remains valid pursuant to the time limits set forth in that code or act." h SECTION 9.

Section 43-1B-4 NMSA 1978 (being Laws 2016, g o t hr Chapter 84, Section 4, as amended) is amended to read:

g e i k "43-1B-4.

PETITION TO THE COURT.-- h r i s A.

A petition for an order authorizing assisted h , t, outpatient treatment may be filed in the district court for the e u g e b l e e h county in which the respondent is present or reasonably n d d i = = o h believed to be present;

provided that such district court is a l ] b ,d i a º e party to a memorandum of understanding with a participating r i = r t e w d m a n o municipality or county.

dB. m :

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 30 - e a n e d r e l u [ A d HJC/HB 8 B.

(4) the director of a hospital where the HJC/HB 8/a Page 24 respondent is hospitalized;

(6) a qualified professional who either supervises the treatment of or treats the respondent for a h g mental disorder or has supervised or treated the respondent for o t hr a mental disorder within the past forty-eight months;

[or ] g e i k h r (7) a surrogate decision-maker;

or i s h (8) a district attorney or the attorney , t, e u g general.

e b l e e h C.

The petition shall be entitled "In the Matter of n d d i = = o h l ] b ,d _______" and shall include:

i a º e r i = r (1) each criterion for assisted outpatient ttreatment eas wset dforth min aSection n43-1B-3 oNMSA d1978; m :

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 31 - e a n e d r e l u [ A d HJC/HB 8 treatment as set forth in Section 43-1B-3 NMSA 1978;

(1) the qualified professional has HJC/HB 8/a Page 25 personally examined the respondent no more than [ten ] thirty days prior to the filing of the petition, that the qualified professional recommends assisted outpatient treatment for the respondent and that the qualified professional is willing and able to testify at the hearing on the petition either in person or by h contemporaneous transmission from a different location;

or u » r (2) no more than ten days prior to the filing t h g e of the petition, the qualified professional or the qualified l i h r i s professional's designee has unsuccessfully attempted to h , e h persuade the respondent to submit to an examination, that the t u g e b l qualified professional has reason to believe that the e e , gh n d d i = = o h respondent meets the criteria for assisted outpatient treatment l ] b ,d i a º r and that the qualified professional is willing and able to e r = t e w d examine the respondent and testify at the hearing on the mpetition aeither nin operson dor mby :contemporaneous transmission from a different location." SECTION 10.

b r e t º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 32 - e a n e d r e l u [ A dnew HJC/HBsection 8of petitionChapter either30, inArticle person7 orNMSA by1978 contemporaneousis transmissionenacted fromto aread: different location." SECTION 10.

A"UNLAWFUL newPOSSESSION sectionOF ofA ChapterWEAPON 30,CONVERSION ArticleDEVICE-- 7PENALTY.-- NMSAA. is enacted to read:

"[NEWUnlawful MATERIALpossession ]of UNLAWFULa POSSESSIONweapon OFconversion Adevice WEAPONconsists CONVERSIONof DEVICE--PENALTY.--a A.person knowingly having in that person's possession an unlawfully obtained weapon conversion device or knowingly transporting an unlawfully obtained weapon HJC/HB 8/a Page 26 conversion device.

UnlawfulB. possession of a weapon conversion device consists of a person knowingly having in that person's possession an unlawfully obtained weapon conversion device or knowingly transporting an unlawfully obtained weapon conversion device.

SJCºA B.person who commits unlawful possession of a weapon conversion device is guilty of a third degree felony.

EachC. weapon conversion device found in violation of this section constitutes a separate offense.»SJC SJCº C.»SJC SJCºB.»SJC A person who commits unlawful possession of a weapon conversion device is guilty of a third degree felony.

h u SJCºD.»SJC SJCºC.»SJC As used in this section:

» r t h (1) "fully automatic weapon" means a weapon g e l i that shoots, is designed to shoot automatically or can be h r i s h , readily restored to Sfl1ºSJCºshootfire more than one shot»SJC e h t u g SJCºfire each cartridge or shell»SJC»Sfl1shell, Sfl1ºSfl1ºshoot e b l e e , gh more than one shot»Sfl1»Sfl1 Sfl1ºfire more than one cartridge n d d i = = o h l ] b ,d or shell»Sfl1 , without manual reloading, by a single function i a º r e r = of the trigger;

t(2) e"semiautomatic wweapon" dmeans ma repeating rifle, shotgun or pistol, regardless of barrel or overall length, that uses a nportion oof dthe menergy :of a firing cartridge or shell to extract the fired cartridge case or spent shell and chamber the next round and that requires a separate function of the trigger to fire each cartridge or shell;

b r e t º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 33 - e a n e d r e l u [ A d HJC/HB 8 (2) "semiautomatic weapon" means a repeating rifle, shotgun or pistol, regardless of barrel or overall length, that uses a portion of the energy of a firing cartridge or shell to extract the fired cartridge case or spent shell and chamber the next round and that requires a separate function of the trigger to fire each cartridge or shell;

UNLAWFUL TAKING OF A VEHICLE OR MOTOR VEHICLE.-- HJC/HB 8/a Page 27 A.

Unlawful taking of a vehicle or motor vehicle h consists of a person taking any vehicle or motor vehicle as g o defined by the Motor Vehicle Code intentionally and without t hr g e i k consent of the owner.

Whoever commits unlawful taking of a h r i s vehicle or motor vehicle is guilty of a hfelony ,as t,provided [(1)in fourthSection degree30-16D-4.1 felonyNMSA for1978. a first offense;

e u g e b l e e h (2) third degree felony for a second offense;

n d d i = = o h and l ] b ,d i a º e (3) second degree felony for a third or r i = r t e w d m a n o subsequent offense] felony as provided in Section 30-16D-4.1 d m :

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 34 - e a n e d r e l u [ A d HJC/HB 8 NMSA 1978 .

A holder of a duly recorded lien who takes possession of a vehicle without the knowledge of the owner of the vehicle shall immediately notify the local police authority of the fact that the holder has taken possession of the vehicle." h u SECTION 12.

Section 30-16D-2 NMSA 1978 (being Laws 2009, » r t h Chapter 253, Section 2 and Laws 2009, Chapter 261, Section 2) g e l i is amended to read:

h r i s h , "30-16D-2.

EMBEZZLEMENT OF A VEHICLE OR MOTOR VEHICLE.--HJC/HB e8/a hPage t28 uVEHICLE.-- g A.

Embezzlement of a vehicle or motor vehicle e b l e e , gh consists of a person embezzling or converting to the person's n d d i = = o h l ] b ,d own use a vehicle or motor vehicle as defined by the Motor i a º r e r = Vehicle Code, with which the person has been entrusted, with tthe efraudulent wintent dto mdeprive athe nowner oof dthe mvehicle :or motor vehicle.

b r e t º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 35 - e a n e d r e l u [ A d HJC/HB 8 the fraudulent intent to deprive the owner of the vehicle or motor vehicle.

Whoever commits embezzlement of a vehicle or motor vehicle is guilty of a [(1)felony fourthas degreeprovided felonyin forSection a30-16D-4.1 firstNMSA offense;1978." SECTION 13.

(2) third degree felony for a second offense;

and (3) second degree felony for a third or subsequent offense] felony as provided in Section 30-16D-4.1 NMSA 1978." SECTION 13.

Fraudulently obtaining a vehicle or motor h vehicle consists of a person intentionally misappropriating or g o taking a vehicle or motor vehicle as defined by the Motor t hr g e i k Vehicle Code that belongs to another person by means of h r i s fraudulent conduct, practices or representations.

h , t, B.

Whoever commits fraudulently obtaining a vehicle e u g e b l e e h or motor vehicle is guilty of a nfelony das dprovided iin =Section =30-16D-4.1 oNMSA h1978." [(1)SECTION fourth14. degree felony for a first offense;

lSection ]30-16D-4 bNMSA ,d1978 i(being aLaws º1978, eChapter (2)35, thirdSection degree92, felonyas foramended aby secondLaws offense;2009, HJC/HB 8/a Page 29 Chapter 253, Section 4 and by Laws 2009, Chapter 261, Section 4) is amended to read:

r i = r t e w d m a n o and d m :

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 36 - e a n e d r e l u [ A d HJC/HB 8 (3) second degree felony for a third or subsequent offense] felony as provided in Section 30-16D-4.1 NMSA 1978." SECTION 14.

Section 30-16D-4 NMSA 1978 (being Laws 1978, Chapter 35, Section 92, as amended by Laws 2009, Chapter 253, Section 4 and by Laws 2009, Chapter 261, Section 4) is amended to read:

Receiving or transferring a stolen vehicle or motor vehicle consists of a person who, with intent to procure or pass title to a vehicle or motor vehicle as defined by the Motor Vehicle Code that the person knows or has reason to believe has been stolen or unlawfully taken, receives or transfers possession of the vehicle or motor vehicle from or to another or who has in the person's possession any vehicle that h g the person knows or has reason to believe has been stolen or o t hr unlawfully taken.

This section shall not apply to an officer g e i k h r of the law engaged at the time in the performance of the i s h officer's duty as an officer.

, t, e u g B.

Whoever commits receiving or transferring a e b l e e h stolen vehicle or motor vehicle is guilty of a nfelony das dprovided iin =Section =30-16D-4.1 oNMSA h1978." lSECTION ]15. b ,d [(1) fourth degree felony for a first offense;

i a º e r i = r (2) third degree felony for a second offense;

t e w d m a n o d m :

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 37 - e a n e d r e l u [ A d HJC/HB 8 and (3) second degree felony for a third or subsequent offense] felony as provided in Section 30-16D-4.1 NMSA 1978." SECTION 15.

[NEW MATERIAL] PENALTIES.-- A.

(1) fourth degree felony for a first HJC/HB 8/a Page 30 offense;

A defendant who violates multiple provisions h described in Sections 30-16D-1 through 30-16D-4 NMSA 1978 with g o a single vehicle shall be determined to have committed a single t hr g e i k offense for purposes of this section." h r i s SECTION 16.

Section 30-20-16 NMSA 1978 (being Laws 1975, h , t, Chapter 285, Section 1, as amended) is amended to read:

e u g e b l e e h "30-20-16.

BOMB SCARES AND SHOOTING THREATS UNLAWFUL.-- n d d i = = o h A.

Making a bomb scare consists of [falsely ] l ] b ,d i a º e intentionally and maliciously stating to another person that a r i = r t e w d m a n o bomb or other explosive has been placed in such a position that dproperty mor :persons are likely to be injured or destroyed.

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 38 - e a n e d r e l u [ A d HJC/HB 8 property or persons are likely to be injured or destroyed.

Making a shooting threat consists of intentionally and maliciously communicating to another person a serious expression of an intent to bring a firearm to a property or use the firearm [with the ] and an intent to:

HJC/HB 8/a Page 31 (2) prevent or interrupt the occupation or use of a public building, and the occupation or use of a public building was prevented or interrupted;

h g C.

Whoever commits making a bomb scare is guilty of o t hr a fourth degree felony.

g e i k h r D.

Whoever commits making a shooting threat is i s h guilty of a [misdemeanor ] fourth degree felony.

, t, e u g E.

A court may order a person convicted for the e b l e e h offense of making a bomb scare or shooting threat to reimburse n d d i = = o h l ] b ,d the victim of the offense for economic harm caused by that i a º e r i = r offense.

tF. e w d m a n o d m :

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 39 - e a n e d r e l u [ A d HJC/HB 8 F.

(2) the cost of all wages, salaries or other compensation paid to employees for time that those employees HJC/HB 8/a Page 32 are prevented from working as a result of the commission of the offense of making a bomb scare or shooting threat;

h"TRAFFICKING "[NEW MATERIAL ] TRAFFICKING OF CERTAIN AMOUNTS OF g o FENTANYL--ALTERATION OF BASIC SENTENCE.--When a separate t hr g e i k finding of fact by a court or jury shows that a person is in h r i s possession of fentanyl in relation to a crime of trafficking a h , t, controlled substance pursuant to Section 30-31-20 NMSA 1978, e u g e b l e e h the basic sentence of imprisonment prescribed for the offense n d d i = = o h in Section 31-18-15 NMSA 1978 shall be enhanced by up to:

l ] b ,d i a º e A.

three years, if the person is in possession of rbetween ione =hundred rand tfive ehundred wpills, dcapsules mor atablets ncontaining oa betweendetectable oneamount hundredof andfentanyl, fiveregardless hundredof pills,its capsulesconcentration, or tabletsbetween dten mand :fifty grams of fentanyl powder;

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 40 - e a n e d r e l u [ A d HJC/HB 8 containing a detectable amount of fentanyl, regardless of its concentration, or between ten and fifty grams of fentanyl powder SJCº , whichever is less»SJC ;

five years, if the person is in possession of more than five hundred pills, capsules or tablets containing a detectable amount of fentanyl, regardless of its concentration, or more than fifty grams of fentanyl powderpowder; SJCº , whichever is less»SJC ;

or HJC/HB 8/a Page 33 C.

h g "66-8-103.

CHEMICAL BLOOD TESTS--PERSONS QUALIFIED TO o t hr PERFORM TESTS--RELIEF FROM LIABILITY.--Only a physician, g e i k h r licensed professional or practical nurse, [or laboratory i s h technician] emergency medical technician or certified , t, e u g phlebotomist or a technologist employed by a hospital or e b l e e h n d d i physician shall withdraw blood from [any ] a person in the = = o h l ] b ,d performance of a [blood-alcohol ] chemical blood test.

No such iphysician, nurse, technician, phlebotomist or technologist who withdraws blood from a ºperson ein rthe iperformance =of ra physician,chemical nurse,blood technician,test phlebotomistthat has been directed by a police officer or technologistby whoa tjudicial eor wprobation dofficer mshall be held liable in any civil or criminal action for assault, battery, false imprisonment or any conduct of a npolice oofficer dexcept mfor :negligence, nor shall a person assisting in the performance of the test or a hospital wherein blood is withdrawn in the performance of the test be subject to civil or criminal liability for assault, battery, false imprisonment or any conduct of a police officer except HJC/HB 8/a Page 34 for negligence." SECTION 19.

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 41 - e a n e d r e l u [ A d HJC/HB 8 withdraws blood from [any ] a person in the performance of a [blood-alcohol ] chemical blood test that has been directed by [any] a police officer or by [any] a judicial or probation officer shall be held liable in any civil or criminal action for assault, battery, false imprisonment or any conduct of [any] a police officer except for negligence, nor shall [any] a person assisting in the performance of [such a] the test or [any] a hospital wherein blood is withdrawn in the performance of [such a ] the test be subject to civil or criminal liability for assault, battery, false imprisonment or any conduct of [any] a police officer except for negligence." SECTION 19.

[BLOOD-ALCOHOL] CHEMICAL BLOOD TESTS--[POLICE,TESTS--OFFICER JUDICIAL OR PROBATION] OFFICER UNAUTHORIZED TO MAKE ARREST OR DIRECT TEST EXCEPT IN PERFORMANCE OF OFFICIAL DUTIESDUTIES.--Nothing h [AUTHORIZED BY LAW ].--Nothing in Sections [64-8-103 or 64-8-104 g o NMSA 1953] 66-8-103 or 66-8-104 NMSA 1978 is intended to t hr g e i k authorize [any ] a police officer or [any] a judicial or h r i s probation officer to make [any ] an arrest or to direct the h , t, performance of a [blood-alcohol ] chemical blood test except in e u g e b l e e h the performance of [his ] that officer's official duties and as n d d i = = o h otherwise authorized by law." l ] b ,d i a º e SECTION 20.

Section 66-8-111 NMSA 1978 (being Laws 1978, r i = r t e w d m a n o Chapter 35, Section 519, as amended) is amended to read:

d"66-8-111. m :

bREFUSAL eTO dSUBMIT sTO ºCHEMICAL oTESTS-- tTESTING--GROUNDS nFOR =REVOCATION .230708.1AICOF FebruaryLICENSE 20,OR 2025PRIVILEGE (11:05am)TO sDRIVE.-- kA. m e - 42 - e a n e d r e l u [ A d HJC/HB 8 "66-8-111.

REFUSALIf TOa SUBMITperson TOunder CHEMICALarrest TESTS--TESTING--for GROUNDSviolation FORof REVOCATIONan OFoffense LICENSEenumerated ORin PRIVILEGEthe TOMotor DRIVE.--Vehicle A.Code refuses upon request of a law enforcement officer to submit to chemical tests designated by the law enforcement agency as provided in Section 66-8-107 NMSA 1978, none shall be administered except when a municipal judge, magistrate or district judge issues a search warrant authorizing chemical tests as provided in Section 66-8-107 NMSA 1978 upon finding in a law enforcement HJC/HB 8/a Page 35 officer's written affidavit that there is probable cause to believe that the person has driven a motor vehicle while under the influence of alcohol or a controlled substance thereby causing the death or great bodily injury of another person, or there is probable cause to believe that the person has committed a felony or misdemeanor while under the influence of alcohol or a controlled substance and that chemical tests as provided in Section 66-8-107 NMSA 1978 will produce material evidence in a criminal prosecution.

IfB. a person under arrest for violation of an offense enumerated in the Motor Vehicle Code refuses upon request of a law enforcement officer to submit to chemical tests designated by the law enforcement agency as provided in Section 66-8-107 NMSA 1978, none shall be administered except when a municipal judge, magistrate or district judge issues a search warrant authorizing chemical tests as provided in Section 66-8-107 NMSA 1978 upon finding in a law enforcement officer's written affidavit that there is probable cause to believe that the person has driven a motor vehicle while under the influence of alcohol or a controlled substance thereby causing the death or great bodily injury of another person, or there is probable cause to believe that the person has committed a felony or misdemeanor while under the influence of h u alcohol or a controlled substance and that chemical tests as » r t h provided in Section 66-8-107 NMSA 1978 will produce material g e l i evidence in a [felony ] criminal prosecution.

hThe rdepartment, iupon sreceipt hof ,a B.statement signed under penalty of perjury from a law enforcement officer stating the officer's reasonable grounds to believe the arrested person had been driving a motor vehicle within this state while under the influence of intoxicating liquor or drugs and that, upon request, the person refused to submit to a chemical test after being advised that failure to submit could result in revocation of the person's privilege to drive, shall revoke the person's New Mexico driver's license or any nonresident operating privilege for a period of one year or until all conditions for license reinstatement are met, whichever is later.

SJCºIfC. a person under arrest for violation of an e h t u g offense enumerated in the Motor Vehicle Code refuses upon e b l e e , gh request of a law enforcement officer to submit to chemical n d d i = = o h l ] b ,d tests designated by the law enforcement agency as provided in i a º r e r = Subsection A of this section and the person does not cause t e w d m a n o d m :

bThe rdepartment, eupon treceipt ºof oa tstatement nsigned =under .230708.1AICpenalty Februaryof 20,perjury 2025from (11:05am) s k m e - 43 - e a nlaw eenforcement dofficer rstating ethe lofficer's ureasonable [grounds Ato dbelieve HJC/HBthe 8arrested great bodily injury of another person orhad therebeen isdriving probablea causemotor tovehicle believewithin theHJC/HB person8/a hasPage committed36 athis misdemeanorstate while under the influence of alcoholintoxicating orliquor aand controlledthat substance, the person'sperson chargesubmitted mayto bechemical aggravatedtesting pursuant to the provisions of Section 66-8-10266-8-107 NMSA 1978.»SJC1978 Theand department,the upontest receiptresults ofindicated aan statementalcohol signedconcentration underin penaltythe ofperson's perjuryblood fromor abreath lawof enforcementeight officerone statinghundredths theor officer'smore reasonableif grounds to believe the arrested person hadis beentwenty-one drivingyears aof motorage vehicleor withinolder, thisfour stateone whilehundredths under the influence of intoxicating liquor or drugsmore andif that, upon request, the person refusedis todriving submit to a chemicalcommercial testmotor aftervehicle beingor advisedtwo thatone failurehundredths toor submitmore couldif resultthe inperson revocationis ofless thethan person'stwenty-one privilegeyears toof drive,age, shall revoke the person's Newlicense Mexicoor driver'spermit licenseto drive or anythe person's nonresident operating privilege for a period ofof: one year or until all conditions for license reinstatement are met, whichever is later.

h C.

The department, upon receipt of a statement u » r signed under penalty of perjury from a law enforcement officer t h g e l i stating the officer's reasonable grounds to believe the h r i s arrested person had been driving a motor vehicle within this h , e h state while under the influence of intoxicating liquor and that t u g e b l e e , gh the person submitted to chemical testing pursuant to Section n d d i = = o h 66-8-107 NMSA 1978 and the test results indicated an alcohol l ] b ,d i a º r concentration in the person's blood or breath of eight one e r = t e w d hundredths or more if the person is twenty-one years of age or m a n o d m :

b r e t º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 44 - e a n e d r e l u [ A d HJC/HB 8 older, four one hundredths or more if the person is driving a commercial motor vehicle or two one hundredths or more if the person is less than twenty-one years of age, shall revoke the person's license or permit to drive or [his ] the person's nonresident operating privilege for a period of:

or (3) one year or until all conditions for license reinstatement are met, whichever is later, if the [person has previously had his ] person's license has been h u revoked previously pursuant to the provisions of this section, » r t h notwithstanding the provisions of Paragraph (1) of this g e l i subsection.

h r i s h , D.

The determination of alcohol concentration shallHJC/HB e8/a hPage t37 ushall g be based on the grams of alcohol in one hundred milliliters of e b l e e , gh blood or the grams of alcohol in two hundred ten liters of n d d i = = o h l ] b ,d breath.

i a º r e r = E.

If the person subject to the revocation tprovisions eof wthis dsection mis a nresident oor dwill mbecome :a resident within one year and is without a license to operate a motor vehicle in this state, the department shall deny the issuance of a license to the person for the appropriate period of time as provided in Subsections B and C of this section.

b r e t º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 45 - e a n e d r e l u [ A d HJC/HB 8 provisions of this section is a resident or will become a resident within one year and is without a license to operate a motor vehicle in this state, the department shall deny the issuance of a license to [him ] the person for the appropriate period of time as provided in Subsections B and C of this section.

The statement may be signed and submitted electronically in a manner and form approved by the departmentdepartment. A law enforcement officer who signs a statement knowing that the statement is untrue in any material issue or matter is guilty of perjury as h provided in Section 66-5-38 NMSA 1978." g o SECTION 21.

SectionA 66-8-111.1law NMSAenforcement 1978officer (beingwho Lawssigns ta hrstatement gknowing ethat ithe kstatement 1984,is Chapteruntrue 72,in Sectionany 7,material asissue amended)or matter is amendedguilty toof read:perjury as provided in Section 66-5-38 NMSA 1978." SECTION 21.

hSection r66-8-111.1 iNMSA s1978 "66-8-111.1.(being Laws 1984, Chapter 72, Section 7, as amended) is amended to read:

LAW"66-8-111.1. ENFORCEMENT OFFICER AGENT FOR h , t, DEPARTMENT--WRITTEN NOTICE OF REVOCATION AND RIGHT TO e u g e b l e e h HEARING.-- n d d i = = o h A.

OnLAW behalfENFORCEMENT ofOFFICER theAGENT department,FOR aHJC/HB law8/a enforcementPage l38 ]DEPARTMENT--WRITTEN bNOTICE ,dOF iREVOCATION aAND ºRIGHT eTO officerHEARING.-- requestingA. a chemical test or directing the r i = r t e w d m a n o administration of a chemical test pursuant to [Section ] d m :

bOn ebehalf dof sthe ºdepartment, oa tlaw nenforcement =officer .230708.1AICrequesting Februarya 20,chemical 2025test (11:05am)or sdirecting kthe madministration eof - 46 - e a nchemical etest dpursuant rto e l u [ A d HJC/HB 8 Sections 66-8-107 and 66-8-111 NMSA 1978 shall serve immediate written notice of revocation and of right to a hearing before the administrative hearings office pursuant to the Implied Consent Act on a person who:

The written notice of revocation and of a right to a hearing served on the driver shall be a temporary license h g valid for twenty days or, if the driver requests a hearing o t hr pursuant to Section 66-8-112 NMSA 1978, valid until the date g e i k h r the administrative hearings office issues the order following i s h that hearing;

provided that a written notice of revocationHJC/HB and8/a ,Page t,39 erevocation uand g right to a hearing shall not be a temporary license for a e b l e e h driver without any otherwise valid driving privileges in this n d d i = = o h l ] b ,d state.

i a º e r i = r C.

The law enforcement officer shall send to the tdepartment ethe wsigned dstatement mrequired apursuant nto oSection d66-8-111 mNMSA :1978." SECTION 22.

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 47 - e a n e d r e l u [ A d HJC/HB 8 department the signed statement required pursuant to Section 66-8-111 NMSA 1978." SECTION 22.

SHORT TITLE.--[SectionsTITLE.--Chapter 1 through 13 of this act] Chapter 66, Article 13 NMSA 1978 may be cited as the "Boating While Intoxicated Act"." SECTION 23.

[BLOOD-ALCOHOL ] CHEMICAL BLOOD TESTS--PERSONS QUALIFIED TO PERFORM TESTS--RELIEF FROM CIVIL AND CRIMINAL LIABILITY.--OnlyLIABILITY.-- Only a physician, licensed professional or practical nurse, [or laboratory technician ] emergency medical technician or certified phlebotomist or a technologist employed by a hospital or physician shall withdraw blood from a person in the performance of a [blood-alcohol or drug ] chemical blood h test.

A physician, nurse, technician, phlebotomist or g o technologist who withdraws blood from a person in the t hr g e i k performance of a [blood-alcohol or drug ] chemical blood test h r i s that has been directed by a law enforcement officer, or by a h , t, judicial or probation officer, shall not be held liable in a e u g e b l e e h civil or criminal action for assault, battery, false n d d i = = o h imprisonment or any conduct of a law enforcement officer, lexcept ]for bnegligence, ,dHJC/HB i8/a aPage º40 e except for negligence, nor shall a person assisting in the rperformance iof =the rtest, tor ea whospital dwherein mblood ais nwithdrawn oin the performance of the test, be subject to civil or criminal liability for assault, battery, false imprisonment or any conduct of a hospitallaw whereinenforcement bloodofficer, isexcept dfor mnegligence." :SECTION 24.

b e d s º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e - 48 - e a n e d r e l u [ A d HJC/HB 8 withdrawn in the performance of the test, be subject to civil or criminal liability for assault, battery, false imprisonment or any conduct of a law enforcement officer, except for negligence." SECTION 24.

[BLOOD-ALCOHOL ] CHEMICAL BLOOD TEST--[LAWTEST--OFFICER ENFORCEMENT, JUDICIAL OR PROBATION] OFFICER UNAUTHORIZED TO MAKE ARREST OR DIRECT TEST EXCEPT IN PERFORMANCE OF OFFICIAL DUTIESDUTIES.--Nothing [AUTHORIZED BY LAW ].--Nothing in the Boating While Intoxicated Act is intended to authorize a law enforcement officer, or a judicial or probation officer, to make an arrest or direct the performance of a [blood-alcohol or drug ] chemical blood test, except in the performance of [his] that officer's official duties or as otherwise authorized by law." -HJC/HB 498/a -Page h41 u25 » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .230708.1AIC February 20, 2025 (11:05am) s k m e e a n e d r e l u [ A d