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Home News House Committee Passes Bills On Criminal Competency And Firearm Protection Orders

House Committee Passes Bills On Criminal Competency And Firearm Protection Orders

by Celia
House of Representatives

After six hours of discussion, the first batch of public safety bills proposed this legislative session passed their first committee on Tuesday evening. The House Consumer & Public Affairs Committee voted unanimously to advance House Bill 4: Criminal Competency and Treatment, and 4-2 on House Bill 12: Extreme Risk Firearm Protection Order Changes.

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The committee also spent several hours discussing House Bill 123, the Library Protection Act, which proposes requiring public libraries to adopt policies prohibiting the banning of books and other materials.

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Criminal Competency Bill

House Bill 4, co-sponsored by Rep. Christine Chandler (D-Los Alamos) and Rep. Marianna Anaya (D-Albuquerque), proposes changes to the state’s processes for competency evaluation in criminal cases. It expands options for people found not competent and alters how courts assess “dangerousness” and a person’s ability to understand criminal charges.

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Rep. Angelica Rubio (D-Las Cruces) said she has supported similar bills in the past, but believes HB4 offers more choices for New Mexicans. “Just because we’re voting ‘yes’ doesn’t mean that this is the end to making this legislation better,” she said.

Co-sponsor Anaya shared a personal story about her cousin, who has been through the state’s current competency system multiple times. She was emotional about the unanimous vote, saying it preserves individual rights and helps families seeking support.

Extreme Risk Firearm Protection Order Changes

House Bill 12, co-sponsored by Rep. Chandler and Rep. Joy Garratt (D-Albuquerque), passed the committee with a 4-2 vote after two hours of questioning. The bill would allow law enforcement officers to file petitions for extreme firearm protection orders (ERFPOs), which they currently cannot do. If a judge signs the petition, the person would be required to hand over their firearms immediately, rather than after a 48-hour pause.

Supporters and opponents filled the room, including members of various public safety departments. Village of Angel Fire Police Chief Jerry Hogrefe supported the bill, noting the contradiction in being able to take a person into protective custody but not seize their firearms.

However, some committee members raised concerns about due process and potential infringement on Second and Fourth Amendment rights. Rep. Stefani Lord (R-Sandia Park) emphasized the importance of due process, saying, “I don’t think we should ever take a person’s life, liberty, or property without having their say.”

Both bills will now move to the House Judiciary Committee for further consideration.

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