April 9, 1999

The Honorable Raymond G. Sanchez and

Members of the House of Representatives

Executive-Legislative Building

Santa Fe, New Mexico 87503

Honorable Speaker and Members of the House:

I have this day VETOED and am returning HOUSE BILL 44, as amended,

enacted by the Forty-Fourth Legislature, First Session, 1999.

This legislation attempts to expand a defendant’s use of the plea "guilty but mentally ill." Currently, with respect to this plea, consideration is given to the defendant for his mental state at the instance of the commission of a crime. This bill would suggest that it is equally valid to consider the defendant’s mental condition at the time of the trial. I suggest the defendant’s mental state at the time of trial is irrelevant to their commission of a crime. Furthermore, an individual’s mental condition at the time of trial is addressed in law by the concept of competency to stand trial. Accordingly the expansion of this plea is not necessary.

Sincerely,

Gary E. Johnson

Governor