SENATE BILL 486

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Gregory A. Baca

 

 

 

 

 

AN ACT

RELATING TO CRIME; TEMPORARILY REQUIRING THE RELINQUISHMENT OF FIREARMS AND AMMUNITION OF CRIMINAL DEFENDANTS WHO CLAIM INCOMPETENCY TO STAND TRIAL.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 31, Article 9 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] CLAIM OF INCOMPETENCY--RELINQUISHMENT OF FIREARMS AND AMMUNITION--RETURN OF FIREARMS AND AMMUNITION UPON FINDING OF COMPETENCY.--

          A. From the time that a defendant in a criminal trial makes a claim of incompetency to stand trial until the court makes a determination of the defendant's competency, the defendant shall relinquish all firearms and ammunition.

          B. Upon a claim of incompetency pursuant to Subsection A of this section, and a finding of probable cause that the defendant has custody or control of, owns or possesses a firearm or ammunition, the court shall issue, and there shall be executed, a search warrant describing the firearm or ammunition and authorizing a search of the location where the firearm or ammunition is reasonably believed to be and authorizing the seizure of any firearm or ammunition discovered pursuant to the search.

          C. A law enforcement officer executing the search shall request that all firearms and ammunition in the defendant's custody or control or that the defendant possesses or owns be immediately relinquished. The officer shall take possession of all firearms and ammunition that are relinquished, in plain sight or discovered pursuant to a lawful search.

          D. A law enforcement officer taking possession of firearms or ammunition pursuant to Subsection C of this section shall give to the defendant a copy of the inventory of firearms and ammunition taken. Within seventy-two hours of executing the search, the law enforcement officer shall file the original inventory with the court that issued the search warrant and shall ensure that the law enforcement agency retains a copy of the inventory.

          E. If court has probable cause to believe a defendant has custody or control of, owns or possesses firearms or ammunition that the defendant failed to relinquish pursuant to this section, or who has received or purchased a firearm or ammunition from the time that a defendant made a claim of incompetency to stand trial to the time the court made a determination of the defendant's competency, the court shall issue, and there shall be executed, a search warrant describing the firearm or ammunition and authorizing a search of the location where the firearm or ammunition is reasonably believed to be and authorizing the seizure of any firearm or ammunition discovered pursuant to the search.

          F. A law enforcement agency may not charge the defendant any fee for storing a firearm or ammunition relinquished pursuant to this section for the duration of the time necessary for the defendant to comply with this section or as directed by the court.

          G. Upon a finding by the court that the defendant is competent to stand trial, the court shall return all firearms and ammunition that were relinquished by the defendant."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

- 3 -