2014 New Mexico Statutes
Chapter 31 - Criminal Procedure
Section 9 Mental Illness and Competency
Section 31-9-1 Determination of competency; raising the issue.
31-9-1. Determination of competency; raising the issue.
Whenever it appears that there is a question as to the defendant's competency to proceed in a criminal case, any further proceeding in the cause shall be suspended until the issue is determined. Unless the case is dismissed upon motion of a party, when the question is raised in a court other than the district court or a metropolitan court, the proceeding shall be suspended and the cause transferred to the district court. If the question of a defendant's competency is raised in the metropolitan court and the court determines that the defendant is incompetent to proceed in a criminal case, the cause, if not dismissed upon motion of a party, shall be transferred to the district court.
History: 1978 Comp., 31-9-1, enacted by Laws 1988, ch. 107, 1 and by 1988, ch. 108, 1; 1989, ch. 94, 1; 1993, ch. 240, 1; 1993, ch. 249, 1.
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