DETERMINE COMPETENCY OF A CHILD

SB0232

SENATE BILL 232

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Crystal Brantley

AN ACT

RELATING TO COMPETENCY; PROVIDING FOR THE DETERMINATION OF
COMPETENCY OF A CHILD.

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

SECTION 1.
[
NEW MATERIAL
] DETERMINATION OF COMPETENCY OF
A CHILD.--

A. The question of competency of a child may be
raised by the court or by written motion of either party to the
proceeding, accompanied by any documents supporting the motion.

B. The court may order a determination of a child's
competency if the court finds that a compelling reason exists
to evaluate and determine competency. The age of the child
shall not alone be a compelling reason.

C. When determining competency for a child
defendant, the child shall be presumed to be competent.

D. Upon the court ordering a determination of
competency of a child, the child's competency shall be
evaluated by an independent child psychologist recognized by
the court as an expert.

E. The determination of competency shall include:

(1) an evaluation of the child's ability to
understand relevant information;

(2) an assessment of the child's ability to
appreciate the consequences of choices;

(3) a measurement of the child's reasoning
skills in weighing options and outcomes; and

(4) the child's ability to express a choice
clearly.

F. As used in this section, "child" means a person
under eighteen years of age.

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