All Roll Calls
Yes: 86 • No: 23
New MexicoHB 82025 Regular SessionHouse
CRIMINAL COMPETENCY & TREATMENT
Sponsored By: Christine Chandler (Democratic)
Signed by Governor
Personalized for You
How does this bill affect your finances?
Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
8 provisions identified: 0 benefits, 4 costs, 4 mixed.
Fentanyl traffickers face longer prison sentences
A separate court or jury finding allows added prison time for possessing fentanyl in connection with trafficking. The increase is up to three years for 100–500 pills, capsules, or tablets, or 10–50 grams of powder. It is up to five years for more than 500 pills, capsules, or tablets, or more than 50 grams of powder. Pills, capsules, and tablets count with any detectable fentanyl, regardless of concentration. Recruiting, organizing, supervising, directing, managing, or financing another person’s fentanyl trafficking can also add up to five years, without replacing any conspiracy charge.
Repeat vehicle offenders face higher felonies
Covered crimes include unlawful vehicle taking, embezzlement, obtaining vehicles by fraud, and receiving or transferring stolen or unlawfully taken vehicles. A first offense is a fourth-degree felony, a second is a third-degree felony, and a third or later offense is a second-degree felony. Prior offenses across any of these covered crimes count toward the schedule. Multiple covered violations involving one vehicle count as one offense for this schedule.
Felony penalties for unlawful gun-conversion devices
Knowingly possessing or transporting an unlawfully obtained weapon conversion device is a third-degree felony. The device is a part or set of parts designed and intended to turn a semiautomatic weapon into a fully automatic weapon.
Malicious shooting threats carry felony penalties
An intentional, malicious shooting threat is a fourth-degree felony when the required purpose and result are present. The person must communicate a serious intent to bring a firearm to property or use it. The purpose must be to cause fear of great bodily harm, disrupt a public building’s use, or trigger emergency response. The intended fear, disruption, or response must occur.
Blood tests require qualified medical staff
Only physicians, licensed professional or practical nurses, emergency medical technicians, certified phlebotomists, or hospital- or physician-employed technologists may draw blood for chemical tests. For tests directed by police, judicial, or probation officers, staff, helpers, and hospitals receive specified liability protection, except for negligence. These rules do not independently authorize arrests or testing. Officers must act within their official duties and have other legal authority. These provisions do not themselves require anyone to undergo testing.
Commitment proceedings for defendants with disabilities
New Mexico’s Health Department must start involuntary commitment proceedings for some defendants with developmental or intellectual disabilities. A court must find them unable to stand trial, with no substantial chance of regaining that ability within nine months. The Department must find a likelihood of serious harm to themselves or others. The requirement covers listed crimes, including specified serious violent offenses committed with a firearm. Starting proceedings does not itself mean the person is committed.
Defendant evaluations can start treatment proceedings
Competency reports must say whether defendants found unable to stand trial qualify for involuntary commitment or court-ordered outpatient treatment. The report must address relevant clinical and safety factors. Courts can authorize prosecutors or the Health Department to use reports from examinations ordered before the competency decision to start treatment proceedings. Those reports must remain valid under the treatment laws’ time limits.
Prosecutors can seek court-ordered outpatient treatment
District attorneys and New Mexico’s attorney general can petition for court-ordered outpatient treatment. They must file where the person is present or reasonably believed present, in a court with a participating local-government agreement. Petitions need factual support and a professional affidavit recommending treatment after an examination within 30 days before filing. Alternatively, the affidavit can describe an unsuccessful examination attempt within 10 days before filing and explain why the person qualifies. The professional must be willing and able to testify and, for the alternative route, examine the person.
Sponsors & Cosponsors
Sponsor
Christine Chandler
Democratic • House
Cosponsors
Charlotte Little
Democratic • House
Cynthia Borrego
Democratic • House
Joy Garratt
Democratic • House
Kathleen Cates
Democratic • House
Roll Call Votes
Senate vote • 2/21/2025
Final Senate Vote
Yes: 38 • No: 3
House vote • 2/15/2025
Final House Vote
Yes: 48 • No: 20
Actions Timeline
Signed by Governor - Chapter 4 - Feb. 27
2/27/2025SenateHouse has concurred with Senate Amendments
2/22/2025HousePassed in the Senate - Y:38 N:3
2/21/2025Senatemultiple floor amendments
2/21/2025legislatureSJC: Reported by committee with Do Pass recommendation with amendment(s)
2/20/2025SenateSent to SJC - Referrals: SJC
2/17/2025SenatePassed in the House of Representatives - Y:48 N:20
2/15/2025HouseHJC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution
2/13/2025HouseSent to HJC - Referrals: HJC
2/10/2025Senate
Bill Text
Final Version
2/28/2025
Senate Floor Amendment 1 2/21/25
2/21/2025
Senate Floor Amendment 3 2/21/25
2/21/2025
SJC Committee Report 2/20/25
2/20/2025
HJC Committee Report 2/13/25
2/13/2025
HJC Committee Substitute 2/13/25
2/13/2025
Introduced
2/10/2025