New Mexico Senate bill authored by Sen. Maestas revising mental health code and harm definitions passes House and Senate

Newly passed bill authored by State Sen. Antonio Maestas aims to update mental health law by redefining harm to self and others, following approval in both chambers, according to the New Mexico Legislature.

SB 3 passed both chambers as of Monday, Feb. 9, clearing the House by a vote of 58-10 and the Senate by a vote of 37-3.

In the House, 40 Democrats and 18 Republicans voted in favor of the bill, while three Democrats and seven Republicans opposed it.

Meanwhile, in the Senate, 22 Democrats and 14 Republicans voted in favor, while two Democrats voted against it.

Antonio Maestas introduced the bill in the New Mexico Senate on Tuesday, Jan. 20 during the 57th Legislature.

Maestas graduated from the University of Washington with a BA and again in 1995 from University of New Mexico with a JD.

Maestas, a Democrat, was elected to the New Mexico State Senate in 2022 to represent the state’s 26th Senate district, replacing previous state senator Jacob Candelaria.

According to the New Mexico Legislature website, the bill’s title was officially listed as: ‘Commitment Procedure Changes & Definitions’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill revises the Mental Health and Developmental Disabilities Code and the Assisted Outpatient Treatment Act to replace existing standards for “likelihood of serious harm” with new definitions of “harm to self” and “harm to others.” It defines harm to others as recent conduct that caused, attempted to cause or created a substantial risk of serious bodily harm to another, with a likelihood the conduct will recur soon. Harm to self is defined to include likely suicide attempts or self-injury, or recent behavior showing a lack of decisional capacity to meet basic needs, where that lack is likely to result in death, serious injury or serious physical or mental debilitation without court-ordered treatment.

The bill was co-sponsored by Sen. Pete Campos (Democrat – District 8), Sen. Katy Duhigg (Democrat – District 10), and Sen. Natalie Figueroa (Democrat – District 18), along with 10 other sponsors.

In New Mexico, the legislative process involves multiple steps: a bill is introduced in either the House or Senate, assigned to a committee for review, debated and voted on in both chambers, and, if approved, sent to the governor for signature or veto. The Legislature meets annually, commencing on the third Tuesday in January, with 60-day sessions in odd-numbered years and 30-day sessions in even-numbered years. While numerous bills are introduced each session, only a fraction successfully navigate the process to become law. You can read more about bills and other measures here.