CRIMINAL COMPETENCY

SB 2 (Criminal Competency) updates New Mexico law to clarify which court handles cases where a defendant's ability to stand trial is questioned. If a metropolitan court (a local court handling less serious cases) determines a defendant is not competent to stand trial, the case must be transferred to a district court - New Mexico’s higher trial court - instead of remaining in the metropolitan court. This change ensures that competency determinations and subsequent proceedings occur in courts with the authority to manage complex legal processes. The bill applies directly to defendants in criminal cases where competency is raised and aims to streamline court handling of such cases. It was passed quickly as an emergency measure in October 2025.