HB0587

HOUSE BILL 587

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Cathrynn N. Brown

AN ACT

RELATING TO DRUG TRAFFICKING; ENACTING THE DRUG TRAFFICKER REGISTRATION AND NOTIFICATION ACT; REQUIRING PERSONS CONVICTED OF DRUG TRAFFICKING TO REGISTER WITH LAW ENFORCEMENT; PROVIDING CRIMINAL PENALTIES FOR NONCOMPLIANCE; PROVIDING THE DEPARTMENT OF PUBLIC SAFETY, LAW ENFORCEMENT AND OTHERS WITH DUTIES AND POWERS RELATED TO DRUG TRAFFICKER REGISTRATION AND NOTIFICATION; PROVIDING COMMUNITY ACCESS TO CERTAIN DRUG TRAFFICKER REGISTRATION INFORMATION; CREATING THE DRUG TRAFFICKER DNA IDENTIFICATION SYSTEM; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 9 of this act may be cited as the "Drug Trafficker Registration and Notification Act".

SECTION 2. [NEW MATERIAL] FINDINGS--PURPOSE.--

A. The legislature finds that:

(1) drug traffickers pose a significant risk of recidivism; and

(2) the efforts of law enforcement agencies to protect their communities from drug traffickers are impaired by the lack of information available concerning convicted drug traffickers who live within the agencies' jurisdictions.

B. The purpose of the Drug Trafficker Registration and Notification Act is to assist law enforcement agencies' efforts to protect their communities by:

(1) requiring drug traffickers who are residents of New Mexico to register with the county sheriff of the county in which they reside;

(2) requiring drug traffickers who are residents in other states, but who are employed in New Mexico or who attend school in New Mexico, to register with the county sheriff of the county in which they work or attend school;

(3) requiring the establishment of a central registry for certain convicted drug traffickers; and

(4) providing public access to information regarding registered drug traffickers.

SECTION 3. [NEW MATERIAL] DEFINITIONS.--As used in the Drug Trafficker Registration and Notification Act:

A. "conviction" means a conviction in any court of competent jurisdiction and includes a deferred sentence but does not include a conditional discharge;

B. "department" means the department of public safety;

C. "drug trafficker" means a person who has been convicted of a first degree drug trafficking offense as provided in the Drug Trafficker Registration and Notification Act pursuant to state, federal, tribal or military law and who:

(1) is a resident of New Mexico;

(2) changes residence to New Mexico;

(3) does not have an established residence in New Mexico but lives in a shelter, halfway house or transitional living facility or stays in multiple locations in New Mexico; or

(4) is a resident of another state but who is:

(a) employed full time or part time in New Mexico for a period of time exceeding fourteen days or for an aggregate period of time exceeding thirty days during any calendar year, including any employment or vocation, whether financially compensated, volunteered or for the purpose of government or educational benefit; or

(b) enrolled on a full-time or part- time basis in a private or public school or an institution of higher education in New Mexico;

D. "drug trafficking" means:

(1) a conviction in the first degree for the offense of drug trafficking pursuant to Paragraph (1), (2) or (3) of Subsection A of Section 30-31-20 NMSA 1978 or the equivalent in any other jurisdiction or Paragraph (2) of Subsection B of Section 30-31-20 NMSA 1978 or the equivalent in any other jurisdiction;

(2) a conviction in the first degree for the offense of distribution to a minor pursuant to Paragraph (1) of Subsection A of Section 30-31-21 NMSA 1978 or the equivalent in any other jurisdiction; or

(3) a conviction in the first degree for the offense of distribution of a controlled or counterfeit substance as provided in Paragraph (1) of Subsection A of Section 30-31-22 NMSA 1978 or Paragraph (1) or (2) of Subsection D of Section 30-31-22 NMSA 1978;

E. "institution of higher education" means a:

(1) private or public post-secondary educational institution;

(2) trade school; or

(3) professional school; and

F. "registration requirement" means any requirement set forth in the Drug Trafficker Registration and Notification Act that requires a drug trafficker to register, provide information, including a DNA sample, renew, revise or change registration information or provide written notice or disclosure regarding the drug trafficker's status as a drug trafficker.

SECTION 4. [NEW MATERIAL] REGISTRATION OF DRUG TRAFFICKERS--INFORMATION REQUIRED--CRIMINAL PENALTIES FOR NONCOMPLIANCE.--

A. A drug trafficker residing in this state shall register with the county sheriff for the county in which the drug trafficker resides no later than ten days after being released from the custody of the corrections department, a municipal or county jail or a federal, military or tribal correctional facility or detention center or being placed on probation or parole.

B. A drug trafficker who changes residence to New Mexico shall register with the county sheriff no later than ten days after arrival in this state.

C. A drug trafficker who is a resident of another state but who is employed in New Mexico or attending public or private school or an institution of higher education in New Mexico shall register with the county sheriff for the county in which the drug trafficker is working or attending school or an institution of higher education.

D. A drug trafficker who is a resident of another state but who is employed in New Mexico or attending public or private school or an institution of higher education in New Mexico shall register with the county sheriff no later than ten days after beginning work or school.

E. Upon registering, a drug trafficker shall provide the county sheriff information regarding the drug trafficking offense for which the drug trafficker was convicted, including the date and place of the conviction and, if the drug trafficker is attending school in this state, the name of the school or institution of higher education.

F. In addition to the registration information required in Subsection E of this section, the drug trafficker shall also provide to the county sheriff the drug trafficker's:

(1) legal name and any other names or aliases that the drug trafficker is using or has used;

(2) date of birth;

(3) social security number;

(4) place of employment; and

(5) current address and, if applicable, the address of the drug trafficker's place of lodging in New Mexico while working or attending school or an institution of higher education.

G. Upon a drug trafficker's registration with the county sheriff, the sheriff shall obtain:

(1) a photograph of the drug trafficker and a complete set of the drug trafficker's fingerprints;

(2) a description of any tattoos, scars or other distinguishing features on the drug trafficker's body that would assist in identification; and

(3) a sample of the drug trafficker's DNA for inclusion in the drug trafficker DNA identification system pursuant to the provisions of the DNA Identification Act.

H. When a registered drug trafficker changes residence within the same county, the drug trafficker shall send written notice of the change of address to the county sheriff no later than ten days after establishing the new residence.

I. When a registered drug trafficker changes residence to a new county in New Mexico, the drug trafficker shall register with the county sheriff of the new county no later than ten days after establishing the new residence. The drug trafficker shall also send written notice of the change of address to the county sheriff with whom the drug trafficker last registered no later than ten days after establishing the new residence.

J. When a drug trafficker who is registered or required to register does not have an established residence but lives in a shelter, halfway house or transitional living facility or stays in multiple locations in New Mexico, the drug trafficker shall register with the county sheriff for each county in which the drug trafficker is living or temporarily located. The drug trafficker shall register no later than ten days after a change in living arrangements or temporary location.

K. When a drug trafficker who is registered or required to register is employed, begins a vocation or is enrolled as a student at an institution of higher education in New Mexico, the drug trafficker shall disclose the drug trafficker's status as a drug trafficker in writing to the county sheriff for the county in which the institution of higher education is located, the law enforcement entity responsible for the institution of higher education and the registrar for the institution of higher education no later than ten days after beginning employment, beginning a vocation or enrolling at the institution of higher education. The drug trafficker shall also send written notice of any change regarding the drug trafficker's employment, vocation or enrollment status at an institution of higher education to the county sheriff, the law enforcement entity and the registrar no later than ten days after the change in employment, vocation or enrollment status.

L. When a drug trafficker who is registered or required to register is employed or is enrolled as a student at a public or private school in New Mexico, the drug trafficker shall disclose the drug trafficker's status as a drug trafficker in writing to the county sheriff for the county in which the school is located and to the principal, registrar or administration official of the school no later than ten days after enrolling at the school. The drug trafficker shall also send written notice of any change regarding enrollment status at a school to the county sheriff and the principal no later than ten days after the change in enrollment status.

M. When a drug trafficker who is registered or required to register is employed, begins a vocation or volunteers services, regardless of whether the drug trafficker receives payment or other compensation, the drug trafficker shall disclose the drug trafficker's status as a drug trafficker in writing to the employer, supervisor or person similarly situated. The written disclosure shall be made immediately upon the drug trafficker beginning employment, a vocation or volunteer service.

N. Following initial registration required pursuant to the Drug Trafficker Registration and Notification Act, a drug trafficker shall annually renew registration with the county sheriff prior to December 31 of each subsequent calendar year for a period of five years.

O. Notwithstanding the provisions of Subsection N of this section, if a drug trafficker is convicted a subsequent time for a drug trafficking offense, the drug trafficker shall, for the entirety of the drug trafficker's natural life, renew the registration with the county sheriff not less than once in each ninety-day period following the date of the subsequent conviction. For the purposes of this subsection, "subsequent conviction" means:

(2) a conviction in the first degree for the offense of distribution to a minor pursuant to Paragraph (1) of Subsection A of Section 30-31-21 NMSA 1978 or the equivalent in any other jurisdiction; or

P. A drug trafficker who willfully or knowingly fails to comply with the registration requirements set forth in this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. A drug trafficker who willfully or knowingly fails to comply with the registration requirements set forth in this section after a first or subsequent conviction for a violation pursuant to this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. The willful failure to comply with any registration requirement set forth in this section shall be deemed part of a continuing transaction or occurrence. A conviction pursuant to this subsection shall not be considered a felony for purposes of the imposition of sentencing enhancements pursuant to the provisions of Section 31-18-17 NMSA 1978.

Q. A drug trafficker who willfully or knowingly provides false information for the registration requirements set forth in this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. A drug trafficker who willfully or knowingly provides false information for the registration requirements set forth in this section after a first or subsequent conviction for a violation pursuant to this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. The willful providing by a drug trafficker of false information for the registration requirements set forth in this section shall be deemed part of a continuing transaction or occurrence. A conviction pursuant to this subsection shall not be considered a felony for purposes of the imposition of sentencing enhancements pursuant to the provisions of Section 31-18-17 NMSA 1978.

SECTION 5. [NEW MATERIAL] DRUG TRAFFICKERS MOVING OUT OF STATE.--

A. If a drug trafficker intends to move from New Mexico to another state, no later than thirty days prior to moving, the drug trafficker shall:

(1) notify the sheriff of the county in which the drug trafficker resides of the intention to move to the other state; and

(2) provide the sheriff with a written notice that identifies the state to which the drug trafficker is moving.

B. Within five days of receiving a drug trafficker's written notice of intent to move to another state, the sheriff shall transmit that information to the department. Within five days of receiving that information, the department shall contact the state agency, if any, responsible for registering drug traffickers in the state to which the drug trafficker is moving and provide that agency with the drug trafficker's registration information. The department shall also obtain information regarding the registration requirements, if any, for drug traffickers in the state to which the drug trafficker is moving and shall provide that information in written form to the drug trafficker.

C. A drug trafficker who willfully fails to comply with the requirements set forth in this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

SECTION 6. [NEW MATERIAL] LOCAL REGISTRY--CENTRAL REGISTRY--ADMINISTRATION BY DEPARTMENT OF PUBLIC SAFETY--PARTICIPATION IN FEDERAL REGISTRY--REGISTRY RULES.--

A. A county sheriff shall maintain a local registry of drug traffickers in the sheriff's jurisdiction required to register pursuant to the provisions of the Drug Trafficker Registration and Notification Act.

B. The county sheriff shall forward:

(1) registration information obtained from drug traffickers to the department of public safety. The initial registration information and any registration information subsequently obtained shall be forwarded by the sheriff no later than ten working days after the information is obtained. If the department receives information regarding a drug trafficker from a governmental entity other than a county sheriff, the department shall send that information to the sheriff for the county in which the drug trafficker resides; and

(2) samples of DNA obtained from drug traffickers to the administrative center for the drug trafficker DNA identification system pursuant to the provisions of the DNA Identification Act.

C. The county sheriff shall forward the drug trafficker's registration information to the district attorney for the judicial district in which the drug trafficker resides and, if the drug trafficker is a resident of a municipality, to the chief law enforcement officer for the municipality in which the drug trafficker resides.

D. The department shall maintain a central registry of drug traffickers required to register pursuant to the provisions of the Drug Trafficker Registration and Notification Act and shall adopt rules necessary to carry out the provisions of that act. The department shall participate in the national drug trafficker registry, if any, administered by the federal government. The department shall send conviction information and fingerprints for all drug traffickers registered in New Mexico to any national drug trafficker registry administered by the federal government and to the federal bureau of investigation.

E. For the entirety of a drug trafficker's natural life, the department shall retain registration information related to the drug trafficker's conviction of drug trafficking offenses listed below:

(2) a conviction in the first degree for the offense of distribution to a minor pursuant to Paragraph (1) of Subsection A of Section 30-31-21 NMSA 1978 or the equivalent in any other jurisdiction; or

F. Rules necessary for the collection of DNA samples and the administration and operation of the drug trafficker DNA identification system shall be adopted by the DNA identification system oversight committee pursuant to the provisions of the DNA Identification Act.

SECTION 7. [NEW MATERIAL] PUBLIC ACCESS TO DRUG TRAFFICKER REGISTRATION INFORMATION--COMMUNITY NOTIFICATION.--

A. A person who wants to obtain drug trafficker registration information provided for in the Drug Trafficker Registration and Notification Act may request that information from the:

(1) sheriff for the county in which the drug traffickers reside;

(2) chief law enforcement officer for the municipality in which the drug traffickers reside;

(3) district attorney for the judicial district in which the drug traffickers reside; or

(4) secretary of public safety.

B. Upon receiving a request for drug trafficker registration information as provided in Subsection A of this section, the county sheriff, chief municipal law enforcement officer, district attorney or secretary of public safety shall provide that registration information, with the exception of a drug trafficker's social security number and DNA information, within a reasonable period of time, and no later than seven days after receiving the request.

C. Within seven days of receiving registration information from a drug trafficker, the county sheriff shall contact every licensed daycare center, elementary school, middle school and high school within a one-mile radius of the drug trafficker's residence and provide them with the registration information, with the exception of the drug trafficker's social security number and DNA information.

D. The department shall establish and manage an internet web site that provides the public with drug trafficker registration information as provided in Subsection A of this section, except that the registration information provided to the public pursuant to this subsection shall not include a drug trafficker's social security number, DNA information or place of employment, unless the drug trafficker's employment requires the drug trafficker to have direct contact with children younger than eighteen years of age.

SECTION 8. [NEW MATERIAL] NOTICE OF DRUG TRAFFICKER'S DUTY TO REGISTER.--

A. A court shall provide a drug trafficker convicted in that court of an offense requiring registration pursuant to the Drug Trafficker Registration and Notification Act with written notice of the duty to register. The written notice shall be included in judgment and sentence forms provided to the drug trafficker. The written notice shall inform the drug trafficker of the duty pursuant to the Drug Trafficker Registration and Notification Act to:

(1) register with the county sheriff for the county in which the drug trafficker will reside or, if the drug trafficker will not have an established residence, with the county sheriff for each county in which the drug trafficker will live or be temporarily located;

(2) report subsequent changes of address;

(3) notify the county sheriff of the county the drug trafficker resides in if the drug trafficker intends to move to another state and that the drug trafficker is required to register in the other state;

(4) disclose the drug trafficker's status as a drug trafficker in writing when the drug trafficker begins employment, begins a vocation or enrolls as a student at an institution of higher education in New Mexico to the county sheriff for the county in which the institution of higher education is located and to the law enforcement entity and registrar for the institution of higher education;

(5) provide written notice of any change regarding the drug trafficker's employment, vocation or enrollment status at an institution of higher education to the county sheriff, the law enforcement entity and the registrar;

(6) disclose the drug trafficker's status as a drug trafficker in writing when the drug trafficker enrolls as a student at a private or public school in New Mexico to the county sheriff for the county in which the school is located and to the principal of the school;

(7) provide written notice of any change regarding the drug trafficker's enrollment status at a public or private school in New Mexico to the county sheriff and the principal of the school;

(8) disclose in writing the drug trafficker's status as a drug trafficker to the drug trafficker's employer, supervisor or other person similarly situated when the drug trafficker begins employment, begins a vocation or volunteers services, regardless of whether the drug trafficker receives payment or other compensation; and

(9) read and sign a form that indicates that the drug trafficker has received the written notice and that a responsible court official, designated by the chief judge for that judicial district, has explained the written notice to the drug trafficker.

B. At the time of release of a drug trafficker in its custody convicted of a first degree drug trafficking offense as provided in the Drug Trafficker Registration and Notification Act, the corrections department, a municipal or county jail or a detention center shall provide a written notice to the drug trafficker of the duty to register. The written notice shall inform the drug trafficker of the duty to:

(2) report subsequent changes of address pursuant to the provisions of the Drug Trafficker Registration and Notification Act;

(7) provide written notice of any change regarding the drug trafficker's enrollment status at a public or private school in New Mexico to the county sheriff and the principal of the school pursuant to the provisions of the Drug Trafficker Registration and Notification Act;

(8) disclose the drug trafficker's status as a drug trafficker in writing to the drug trafficker's employer, supervisor or other person similarly situated when the drug trafficker begins employment, begins a vocation or volunteers services, regardless of whether the drug trafficker receives payment or other compensation, pursuant to the provisions of the Drug Trafficker Registration and Notification Act; and

(9) read and sign a form that indicates that the drug trafficker has received the written notice and that a responsible corrections department official, designated by the secretary of corrections, or a responsible municipal or county jail official or detention center official has explained the written notice to the drug trafficker.

C. A court, the corrections department, a municipal or county jail or a detention center shall also provide written notification regarding a drug trafficker's release to the sheriff of the county in which the drug trafficker is released and to the department of public safety.

D. The department, if notified by officials from another state that a drug trafficker will be establishing residence in New Mexico, shall provide written notice to the drug trafficker within twenty days of the notification of the duty to register pursuant to the provisions of the Drug Trafficker Registration and Notification Act.

SECTION 9. [NEW MATERIAL] IMMUNITY.--Nothing in the Drug Trafficker Registration and Notification Act creates a cause of action on behalf of a person against a public employer, public employee or public agency responsible for enforcement of the provisions of that act so long as the public employer, public employee or public agency complies with the provisions of that act.

SECTION 10. Section 29-16-2 NMSA 1978 (being Laws 1997, Chapter 105, Section 2, as amended) is amended to read:

"29-16-2. PURPOSE OF ACT.--The purpose of the DNA Identification Act is to:

A. establish a DNA identification system for covered offenders and persons required to provide a DNA sample pursuant to the provisions of Section [1 of this 2006 act] 29-3-10 NMSA 1978;

B. facilitate the use of DNA records by local, state and federal law enforcement agencies in the: (1) identification, detection or exclusion of persons in connection with criminal investigations; [and]

(2) registration of sex offenders required to register pursuant to the provisions of the Sex Offender Registration and Notification Act; and

(3) registration of drug traffickers required to register pursuant to the provisions of the Drug Trafficker Registration and Notification Act;

C. establish a missing persons DNA identification system consisting of the following DNA indexes:

(1) unidentified persons;

(2) unidentified human remains; and

(3) relatives of, or known reference samples from, missing persons; and

D. facilitate the use of DNA records by local, state and federal law enforcement agencies and the state medical investigator in the identification and location of missing and unidentified persons or human remains."

SECTION 11. Section 29-16-3 NMSA 1978 (being Laws 1997, Chapter 105, Section 3, as amended) is amended to read:

"29-16-3. DEFINITIONS.--As used in the DNA Identification Act:

A. "administrative center" means the part of a national DNA index system qualified New Mexico crime laboratory that administers and operates the DNA identification system;

B. "CODIS" means the federal bureau of investigation's national DNA index system for storage and exchange of DNA records submitted by forensic DNA laboratories;

C. "covered offender" means any person convicted of a felony offense as an adult pursuant to state, federal or military law or convicted as an adult pursuant to youthful offender or serious youthful offender proceedings under the Children's Code [or], a sex offender required to register pursuant to the provisions of the Sex Offender Registration and Notification Act or a drug trafficker required to register pursuant to the Drug Trafficker Registration and Notification Act;

D. "department" means the department of public safety;

E. "DNA" means deoxyribonucleic acid as the basis of human heredity;

F. "DNA identification system" means the DNA identification system established pursuant to the DNA Identification Act;

G. "DNA oversight committee" means the DNA identification system oversight committee;

H. "DNA records" means the results of DNA testing and related information;

I. "DNA testing" means a forensic DNA analysis that includes restriction fragment length polymorphism, polymerase chain reaction or other valid methods of DNA typing performed to obtain identification characteristics of samples;

J. "drug trafficker DNA identification system" means the drug trafficker DNA identification system established pursuant to the DNA Identification Act;

[J.] K. "fund" means the DNA identification system fund;

[K.] L. "missing persons DNA identification system" means the missing persons DNA identification system established by the DNA Identification Act;

[L.] M. "sample" means a sample of biological material sufficient for DNA testing; and

[M.] N. "sex offender DNA identification system" means the sex offender DNA identification system established by the DNA Identification Act."

SECTION 12. Section 29-16-4 NMSA 1978 (being Laws 1997, Chapter 105, Section 4, as amended) is amended to read:

"29-16-4. ADMINISTRATIVE CENTER--POWERS AND DUTIES--TRANSFER TO OTHER LAW ENFORCEMENT AGENCY.--

A. The administrative center shall be an appropriate unit of the department or such other qualified New Mexico law enforcement agency as the secretary of public safety may designate in accordance with this section that meets the requirements for participation in the national DNA index system.

B. The administrative center shall:

(1) establish and administer the DNA identification system. The DNA identification system shall provide for collection, storage, DNA testing, maintenance and comparison of samples and DNA records for forensic and humanitarian purposes. Those purposes shall include generation of investigative leads, statistical analysis of DNA profiles and identification of missing persons and unidentified human remains. Procedures used for DNA testing shall be compatible with the procedures the federal bureau of investigation has specified, including comparable test procedures, laboratory equipment, supplies and computer software. Procedures used shall meet or exceed the provisions of the federal DNA Identification Act of 1994 regarding minimum standards for state participation in CODIS, including minimum standards for the acceptance, security and dissemination of DNA records;

(2) coordinate sample collection activities;

(3) perform or contract for DNA testing;

(4) serve as a repository for samples and DNA records;

(5) act as liaison with the federal bureau of investigation for purposes of CODIS;

(6) adopt rules and procedures governing:

(a) sample collection;

(b) DNA testing;

(d) the acceptance, security and dissemination of DNA records; and

(e) communication between local, state and federal law enforcement agencies, the corrections department and local jails and detention facilities in order to minimize duplicate sample collections from the same individual;

(7) provide training to jail and detention facility personnel who are required to collect samples pursuant to Section 29-3-10 NMSA 1978;

(8) be reimbursed for, pursuant to the DNA Identification Act, the costs of sample collection and DNA testing of samples taken for the purposes of the identification of missing persons and unidentified human remains;

(9) establish and administer the missing persons DNA identification system as a part of the DNA identification system; [and]

(10) establish and administer the sex offender DNA identification system as part of the DNA identification system; and

(11) establish and administer the drug trafficker DNA identification system as part of the DNA identification system.

C. The secretary of public safety may designate, pursuant to a joint powers agreement, the crime laboratory of the police department for the largest municipality in a class A county having a population of more than two hundred fifty thousand at the most recent federal decennial census to act as the administrative center.

D. The secretary of public safety may designate, pursuant to a joint powers agreement, any other law enforcement agency to act as administrative center upon recommendation of five voting members of the DNA oversight committee."

SECTION 13. Section 29-16-5 NMSA 1978 (being Laws 1997, Chapter 105, Section 5, as amended) is amended to read:

"29-16-5. DNA OVERSIGHT COMMITTEE--CREATED--POWERS AND

DUTIES.--

A. The "DNA identification system oversight committee" is created. The DNA oversight committee shall be composed of nine voting members as follows:

(1) a scientific representative from the department crime laboratory appointed by the secretary of public safety;

(2) a scientific representative from the crime laboratory of the police department for the largest municipality in a class A county having a population of more than two hundred fifty thousand at the most recent federal decennial census;

(3) the secretary of corrections or the secretary's designated representative;

(4) the state medical investigator or the investigator's designated representative;

(5) the attorney general or the attorney general's designated representative;

(6) the president of the New Mexico district [attorneys] attorney's association or the president's designated representative;

(7) the chief public defender or the chief public defender's designated representative;

(8) the president of the New Mexico criminal defense lawyers association or the president's designated representative; and

(9) the head of the administrative center or the head's designated representative.

B. The DNA oversight committee shall adopt rules and procedures regarding the administration and operation of the DNA identification system.

C. The administrative center shall review and make recommendations to the DNA oversight committee regarding rules and procedures for the administration and operation of the DNA identification system.

D. The DNA oversight committee shall oversee the establishment and administration of the missing persons DNA identification system as part of the DNA identification system.

E. The DNA oversight committee shall adopt rules and procedures regarding the administration and operation of the missing persons DNA identification system as part of the DNA identification system.

F. The DNA oversight committee shall oversee the establishment and administration of the sex offender DNA identification system as part of the DNA identification system.

G. The DNA oversight committee shall adopt rules and procedures regarding the administration and operation of the sex offender DNA identification system as part of the DNA identification system.

H. The DNA oversight committee shall oversee the

establishment and administration of the drug trafficker DNA

identification system as part of the DNA identification system.

I. The DNA oversight committee shall adopt rules and procedures regarding the administration and operation of the drug trafficker DNA identification system as part of the DNA identification system."

SECTION 14. Section 29-16-6 NMSA 1978 (being Laws 1997, Chapter 105, Section 6, as amended) is amended to read:

"29-16-6. COLLECTION OF SAMPLES.--

A. A covered offender shall provide one or more samples to the administrative center, as follows:

(1) a covered offender convicted on or after July 1, 1997 shall provide a sample immediately upon request to the corrections department as long as the request is made before release from any correctional facility or, if the covered offender is not sentenced to incarceration, before the end of any period of probation or other supervised release;

(2) a covered offender incarcerated on or after July 1, 1997 shall provide a sample immediately upon request to the corrections department as long as the request is made before release from any correctional facility;

(3) a covered offender on probation or other supervised release on or after July 1, 1997 shall provide a sample immediately upon request to the corrections department as long as the request is made before the end of any period of probation or other supervised release; [and]

(4) a covered offender required to register or renew [his] the covered offender's registration pursuant to the provisions of the Sex Offender Registration and Notification Act shall provide a sample immediately upon request to the county sheriff located in any county in which the sex offender is required to register, unless the sex offender provided a sample while in the custody of the corrections department or to the county sheriff of another county in New Mexico in which the sex offender is registered; and

(5) a covered offender required to register or

renew the covered offender's registration pursuant to the

provisions of the Drug Trafficker Registration and Notification

Act shall provide a sample immediately upon request to the

county sheriff located in any county in which the covered

offender is required to register, unless the covered

offender provided a sample while in the custody of the

corrections department or to the county sheriff of another

county in New Mexico in which the covered offender is

registered.

B. A person eighteen years of age or over who is arrested on or after January 1, 2007 for the commission of a felony as provided in Section [1 of this 2006 act] 29-3-10 NMSA 1978 shall provide a sample immediately upon request to jail or detention facility personnel, unless:

(1) the person has previously provided a sample sufficient for DNA testing pursuant to the provisions of this section;

(2) the sample is in the possession of the administrative center; and

(3) the sample has not been expunged.

C. Samples from unidentified persons or relatives of a missing person shall be provided to the administrative center, as follows:

(1) upon the completion of a permission to search form authorizing the collection of a DNA sample;

(2) upon the receipt of a properly executed search warrant; or

(3) upon the issuance of a court order.

D. Samples from unidentified human remains shall be provided by the state medical investigator.

E. Samples of known reference materials from missing persons shall be provided by the investigating law enforcement agency."

SECTION 15. SEVERABILITY.--If any part or application of the Drug Trafficker Registration and Notification Act is held invalid, the remainder of that act and its application to other situations or persons shall not be affected.

SECTION 16. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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