SB 3 New Mexico Senate · 2026 Regular Session

COMMITMENT PROCEDURE CHANGES & DEFINITIONS

SB 3 clarifies key definitions in New Mexico's mental health laws, specifically adding precise criteria for "harm to self" and "harm to others" within the Mental Health and Developmental Disabilities Code. It defines "harm to self" to include both imminent suicide risk and an inability to meet basic needs (like food or safety) that would cause serious harm without treatment. Similarly, it defines "harm to others" as past violent behavior likely to recur, based on observable actions causing reasonable fear. These definitions directly affect courts, healthcare providers, and legal decisions regarding involuntary treatment commitments under the law.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
Senate Passage
Jan 2026
House Passage
Feb 2026
Signed into Law
Mar 2026
Introduced Jan 20, 2026 Signed Mar 6, 2026
Maddy AI version diff · 1 comparison

What changed between versions

introduced version Final Version · 9 edits
MAJOR
This bill updates the definitions used in New Mexico's mental health and developmental disabilities laws to clarify what constitutes 'serious harm to self' and 'serious harm to others.' The changes aim to improve clarity for courts and healthcare providers when determining when involuntary treatment or commitment is necessary.
Scope change
The bill applies to the Mental Health and Developmental Disabilities Code and the Assisted Outpatient Treatment Act, affecting how patients are evaluated for involuntary commitment.
DEFINITION

Added new definition for 'aversive stimuli' to clarify that it does not include verbal therapies, physical restrictions to prevent harm, or psychotropic medications used for punishment.

Expanded the definition of 'client' to include anyone receiving mental health or developmental disabilities services, including those placed in facilities by parents, guardians, or court order.

Updated 'consistent with the least drastic means principle' to specify that treatment should not be more harsh than necessary and should involve minimal restrictions on physical movement and residential care.

Added new definition for 'crisis triage center' to describe facilities that provide stabilization for behavioral health crises.

Redefined 'serious harm to others' to include situations where a person has inflicted serious bodily harm or created a substantial risk of such harm, with a likelihood of repetition.

Added new definition for 'serious harm to self' with two criteria: (1) lack of decisional capacity to meet basic needs like food, shelter, or safety that could lead to death or serious injury, and (2) behavior indicating likely serious physical debilitation without treatment.

Added new definition for 'mental disorder' to specify it involves substantial disorders of emotional processes or cognition that impair judgment or reality recognition, but excludes developmental or intellectual disabilities.

Added new definition for 'mental health or developmental or intellectual disabilities professional' to describe qualified physicians or professionals trained to work with persons with mental disorders or disabilities.

Added new definition for 'protected health information' to establish privacy protections for patient data.

Floor votes · Senate Jan 23, 2026 · House Feb 9, 2026

How they voted

351
Passed · 2 other
Total votes 38
Jan 23, 2026
D Democratic22
21 Yea 1 Nay
95% Yea
R Republican16
14 Yea 2
87% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
10
Key actions
5
Committee
2
Mar 6, 2026
Signed into law
Signed
executive
Feb 9, 2026
Lower · Passed
passed House
lower
Feb 5, 2026
Lower · Passed
DO PASS, as amended, committee report adopted
lower
Jan 27, 2026
Introduced
Sent to House Judiciary Committee
lower
Jan 23, 2026
Upper · Passed
passed Senate
upper
Jan 22, 2026
Upper · Passed
DO PASS, as amended, committee report adopted
upper
Jan 20, 2026
Introduced
Sent to Senate Committees' Committee & Senate Judiciary Committee
upper
4 primary · 0 co-sponsors

Sponsors