State of New Mexico
                      House of Representatives
  
                      FORTY-THIRD LEGISLATURE
                        FIRST SESSION, 1997
  
  
                                                February 24, 1997
  
  
  Mr. Speaker:
  
       Your JUDICIARY COMMITTEE, to whom has been referred
  
                        HOUSE BILL 765
  
  has had it under consideration and reports same with
  recommendation that it DO PASS, amended as follows:
  
       1.  On page 1, line 23, after "incompetent" insert "to stand
  trial".
  
       2.  On page 1, line 23, after the period, strike the remainder
  of the line and insert:
  
            "B.  If the court finds, by a preponderance of the
  evidence, that the defendant is mentally retarded, the defendant
  shall be:
  
                 (1)  released upon the expiration of one year after
  the defendant was determined to be incompetent to stand trial; and
  
                 (2)  referred to the department of health for an
  evaluation of whether the defendant presents a likelihood of serious
  harm to himself or the likelihood of serious harm to others.
  
            C.  If the department of health determines that the
  defendant presents a likelihood of serious harm to himself or the
  likelihood of serious harm to others the department may commence
  proceedings pursuant to Article 1 of Chapter 43 NMSA 1978.
  
            D.  The provisions of this section apply to all persons
  in the custody of the department of health as of July 1, 1997.".
  
       3.  On page 1, strike lines 24 and 25 in their entirety and on
  page 2, strike lines 1 and 2 in their entirety.
  
       4.  Reletter the succeeding subsection accordingly.,
  
  and thence referred to the APPROPRIATIONS AND FINANCE
  COMMITTEE.
  
                                Respectfully submitted,
  
  
  
                                                                 
                                                              Thomas P. Foy, Chairman
  
  
  Adopted                       Not Adopted                       
            (Chief Clerk)                       (Chief Clerk)
  
                         Date             
  
  The roll call vote was 8  For 1  Against
  Yes:      8
            No:       Mallory
            Excused:  M.P. Garcia, Pederson, Rios, Sanchez
            Absent:   None
  
  
  .117642.1
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