SB 232 New Mexico Senate · 2026 Regular Session

DETERMINE COMPETENCY OF A CHILD

SB 232 establishes a clear process for courts to determine if a child (under 18) in legal proceedings has the competency to understand and participate in their case. The bill requires courts to order an independent evaluation by a court-recognized child psychologist when a compelling reason exists - excluding age alone - and presumes children are competent as defendants. The evaluation must assess four specific factors: the child's ability to understand relevant information, appreciate consequences of choices, reason about options, and express their choice clearly. This bill directly affects children involved in court cases, particularly as defendants, by ensuring their competency is evaluated through standardized, expert assessments rather than assumptions.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 3, 2026 Last action Mar 24, 2026
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Committee
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Feb 3, 2026
Introduced
Sent to Senate Committees' Committee & Senate Health and Public Affairs Committee & Senate Judiciary Committee
upper
1 primary · 0 co-sponsors

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Role
Legislator
Party
State
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P
Photo of Crystal Brantley
Crystal Brantley
RRepublican
NM
35