Key Votes

HB 178 - Substance Abuse and Crime Prevention Act - Key Vote

New Mexico Key Votes

Stages

Family

Issues

Stage Details

Legislation - Referred to Committee (Senate) -
Legislation - Bill Passed (House) (34-31) - (Key vote)

Title: Substance Abuse and Crime Prevention Act

Vote Smart's Synopsis:

Vote to pass a bill that mandates substance abuse treatment for individuals charged with certain substance abuse offenses.

Highlights:
-Authorizes a court, with the permission of the defendant, to have a defendant undergo a substance abuse evaluation and, upon receipt of the results of that evaluation, to refer the defendant to a substance abuse treatment program for a period not exceeding 18 months (Sec. 3). -Specifies that upon violation of the terms and conditions of participation in a substance abuse treatment program, the court may allow reinstatement of the criminal proceedings against the defendant and the state may proceed as otherwise provided (Sec. 3). -Specifies that if the defendant successfully completes the substance abuse treatment program, the court may dismiss with prejudice the proceedings against the defendant (Sec. 3). -Specifies that upon dismissal of the proceedings against the defendant pursuant to this section, the defendant may apply to the court for an order to seal the records relating to the criminal complaint, information or indictment and dismissal pursuant to this section (Sec. 3). -Specifies that no person is eligible to participate more than twice in the substance abuse treatment option pursuant to the Substance Abuse and Crime Prevention Act (Sec. 5).
Note:

NOTE: THIS VOTE RECONSIDERS A PREVIOUS VOTE.

Legislation - Bill Failed (House) (33-37) - (Key vote)

Title: Substance Abuse and Crime Prevention Act

Vote Smart's Synopsis:

Vote to pass a bill that mandates substance abuse treatment for individuals charged with certain substance abuse offenses.

Highlights:
-Authorizes a court, with the permission of the defendant, to have a defendant undergo a substance abuse evaluation and, upon receipt of the results of that evaluation, to refer the defendant to a substance abuse treatment program for a period not exceeding 18 months (Sec. 3). -Specifies that upon violation of the terms and conditions of participation in a substance abuse treatment program, the court may allow reinstatement of the criminal proceedings against the defendant and the state may proceed as otherwise provided (Sec. 3). -Specifies that if the defendant successfully completes the substance abuse treatment program, the court may dismiss with prejudice the proceedings against the defendant (Sec. 3). -Specifies that upon dismissal of the proceedings against the defendant pursuant to this section, the defendant may apply to the court for an order to seal the records relating to the criminal complaint, information or indictment and dismissal pursuant to this section (Sec. 3). -Specifies that no person is eligible to participate more than twice in the substance abuse treatment option pursuant to the Substance Abuse and Crime Prevention Act (Sec. 5).
Legislation - Introduced (House) -

Title: Substance Abuse and Crime Prevention Act

Sponsors