0001| AN ACT | 0002| RELATING TO CRIMINAL LAW; ENACTING THE DNA IDENTIFICATION ACT; | 0003| PROVIDING FOR COLLECTION OF DNA SAMPLES FROM CONVICTED FELONS; | 0004| ASSESSING A FEE; CREATING A FUND; PROVIDING A PENALTY; MAKING AN | 0005| APPROPRIATION. | 0006| | 0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0008| Section 1. SHORT TITLE.--This act may be cited as the "DNA Identification Act". | 0009| Section 2. PURPOSE OF ACT.--The purpose of the DNA Identification Act is to: | 0010| A. establish a DNA identification system for covered offenders; and | 0011| B. facilitate the use of DNA records by local, state and federal law enforcement | 0012| agencies in the identification, detection or exclusion of persons in connection with criminal | 0013| investigations. | 0014| Section 3. DEFINITIONS.--As used in the DNA Identification Act: | 0015| A. "administrative center" means the law enforcement agency or unit that | 0016| administers and operates the DNA identification system; | 0017| B. "DNA oversight committee" means the DNA identification system oversight | 0018| committee; | 0019| C. "CODIS" means the federal bureau of investigation's national DNA index | 0020| system for storage and exchange of DNA records submitted by forensic DNA laboratories; | 0021| D. "covered offender" means any person convicted of a felony offense as an adult | 0022| under the Criminal Code, the Motor Vehicle Code or the constitution of New Mexico or | 0023| convicted as an adult pursuant to youthful offender or serious youthful offender proceedings | 0024| under the Children's Code; | 0025| E. "department" means the department of public safety; | 0001| F. "DNA" means deoxyribonucleic acid as the basis of human heredity; | 0002| G. "DNA identification system" means the DNA identification system established | 0003| pursuant to the DNA Identification Act; | 0004| H. "DNA records" means the results of DNA testing and related information; | 0005| I. "DNA testing" means a forensic DNA analysis that includes restriction | 0006| fragment length polymorphism, polymerase chain reaction or other valid methods of DNA typing | 0007| performed to obtain identification characteristics of samples; | 0008| J. "fund" means the DNA identification system fund; and | 0009| K. "sample" means a sample of biological material sufficient for DNA testing. | 0010| Section 4. ADMINISTRATIVE CENTER--POWERS AND DUTIES--TRANSFER TO | 0011| OTHER LAW ENFORCEMENT AGENCY.-- | 0012| A. The administrative center shall be an appropriate unit of the department or | 0013| such other qualified New Mexico law enforcement agency as the secretary of public safety may | 0014| designate in accordance with this section. | 0015| B. The administrative center shall: | 0016| (1) establish and administer the DNA identification system. The DNA | 0017| identification system shall provide for collection, storage, DNA testing, maintenance and | 0018| comparison of samples and DNA records for forensic purposes. Such purposes shall include | 0019| generation of investigative leads and statistical analysis of DNA profiles. Procedures used for | 0020| DNA testing shall be compatible with the procedures the federal bureau of investigation has | 0021| specified, including comparable test procedures, laboratory equipment, supplies and computer | 0022| software. Procedures used shall meet or exceed the provisions of the federal DNA Identification | 0023| Act of 1994 regarding minimum standards for state participation in CODIS, including minimum | 0024| standards for the acceptance, security and dissemination of DNA records; | 0025| (2) coordinate sample collection activities; | 0001| (3) perform or contract for DNA testing; | 0002| (4) serve as a repository for samples and DNA records; | 0003| (5) act as liaison with the federal bureau of investigation for purposes of | 0004| CODIS; and | 0005| (6) adopt regulations and procedures governing: | 0006| (a) sample collection; | 0007| (b) DNA testing; | 0008| (c) the DNA identification system and DNA records; and | 0009| (d) the acceptance, security and dissemination of DNA records. | 0010| C. The secretary of public safety may designate, pursuant to a joint powers | 0011| agreement, the crime laboratory of the police department for the largest municipality in a class A | 0012| county having a population of more than two hundred fifty thousand at the most recent federal | 0013| decennial census to act as the administrative center. | 0014| D. The secretary of public safety may designate, pursuant to a joint powers | 0015| agreement, any other law enforcement agency to act as administrative center upon | 0016| recommendation of five voting members of the advisory committee. | 0017| Section 5. DNA OVERSIGHT COMMITTEE--CREATED--POWERS AND | 0018| DUTIES.-- | 0019| A. The "DNA identification system oversight committee" is created. The DNA | 0020| oversight committee shall be composed of nine voting members as follows: | 0021| (1) a scientific representative from the department crime laboratory | 0022| appointed by the secretary of public safety; | 0023| (2) a scientific representative from the crime laboratory of the police | 0024| department for the largest municipality in a class A county having a population of more than two | 0025| hundred fifty thousand at the most recent federal decennial census; | 0001| (3) the secretary of corrections or his designated representative; | 0002| (4) the state medical investigator or his designated representative; | 0003| (5) the attorney general or his designated representative; | 0004| (6) the president of the district attorney's association or his designated | 0005| representative; | 0006| (7) the chief public defender or his designated representative; and | 0007| (8) the president of the New Mexico criminal defense lawyers association | 0008| or his designated representative; and | 0009| (9) the head of the administrative center or his designated representative. | 0010| B. The DNA oversight committee shall adopt rules, regulations and procedures | 0011| regarding the administration and operation of the DNA identification system. | 0012| C. The administrative center shall review and make recommendations to the | 0013| DNA oversight committee regarding rules, regulations and procedures for the administration and | 0014| operation of the DNA identification system. | 0015| Section 6. COVERED OFFENDERS SUBJECT TO COLLECTION OF SAMPLES.-- | 0016| Each covered offender shall provide one or more samples to the administrative center, as follows: | 0017| A. covered offenders convicted on or after the effective date of the DNA | 0018| Identification Act shall provide a sample at any time before release from any correctional facility | 0019| or, if the covered offender is not sentenced to incarceration, before the end of any period of | 0020| probation or other supervised release; | 0021| B. covered offenders incarcerated on the effective date of the DNA Identification | 0022| Act shall provide a sample at any time before release from any correctional facility; and | 0023| C. covered offenders on probation or other supervised release on the effective | 0024| date of the DNA Identification Act shall provide a sample before the end of any period of | 0025| probation or other supervised release. | 0001| Section 7. PROCEDURES FOR COLLECTION OF SAMPLES.-- | 0002| A. The collection of samples pursuant to the provisions of Section 6 of the DNA | 0003| Identification Act shall be conducted in a medically approved manner in accordance with rules, | 0004| regulations and procedures adopted by the DNA oversight committee. | 0005| B. All persons who collect samples shall be trained in procedures that meet the | 0006| requirements and standards specified in Subsection A of this section. | 0007| C. All persons authorized to collect samples and their employers shall be immune | 0008| from liability in any civil or criminal action with regard to the collection of samples, if the | 0009| collection is performed without negligence. This subsection shall not be deemed to create any | 0010| additional liability or waive any immunity of public employees under the Tort Claims Act. | 0011| D. Samples shall be stored in accordance with rules, regulations and procedures | 0012| adopted by the administrative center. | 0013| E. DNA testing shall be performed by the administrative center or a contract | 0014| facility it may designate. | 0015| F. DNA records and samples shall be securely classified and stored at the | 0016| administrative center. | 0017| Section 8. CONFIDENTIALITY--DISCLOSURE AND DISSEMINATION OF DNA | 0018| RECORDS.-- | 0019| A. DNA records and samples are confidential and shall not be disclosed except as | 0020| authorized in the DNA Identification Act pursuant to the rules and regulations developed and | 0021| adopted by the DNA oversight committee. | 0022| B. The administrative center shall make DNA records available for identification, | 0023| comparison and investigative purposes to local, state and federal law enforcement agencies | 0024| pursuant to the rules and regulations developed and adopted by the DNA oversight committee. | 0025| The administrative center may disseminate statistical or research information derived from | 0001| samples and DNA testing if all personal identification is removed pursuant to the rules and | 0002| regulations developed and adopted by the DNA oversight committee. | 0003| Section 9. ENFORCEMENT.--The attorney general or a district attorney may petition a | 0004| district court for an order requiring a covered offender to: | 0005| A. provide a sample; or | 0006| B. provide a sample by alternative means if the covered offender will not | 0007| cooperate. | 0008| Section 10. EXPUNGEMENT OF SAMPLES AND DNA RECORDS FROM THE | 0009| DNA IDENTIFICATION SYSTEM AND CODIS.-- | 0010| A. A person may request expungement of his sample and DNA records from the | 0011| DNA identification system on the grounds that the conviction that led to the inclusion of his | 0012| sample and DNA records in the DNA identification system has been reversed. | 0013| B. The administrative center shall expunge a person's sample and DNA records | 0014| from the DNA identification system when the person provides the administrative center with the | 0015| following materials: | 0016| (1) a written request for expungement of his sample and DNA records; | 0017| and | 0018| (2) a certified copy of a court order that reverses the conviction that led to | 0019| the inclusion of his sample and DNA records in the DNA identification system. | 0020| C. When a person's sample and DNA records are expunged from the DNA | 0021| identification system, the head of the administrative center shall ensure that the person's sample | 0022| and DNA records are expunged from CODIS. | 0023| Section 11. ASSESSMENT OF FEE.--On and after the effective date of the DNA | 0024| Identification Act, when a covered offender is convicted, the court shall assess a fee of one | 0025| hundred dollars ($100) in addition to any other fee, restitution or fine. The fee shall be deposited | 0001| in the fund. | 0002| Section 12. PENALTY.-- | 0003| A. Any person who by virtue of his employment or official position possesses or | 0004| has access to samples or DNA records and who willfully discloses any of them to any person or | 0005| in any manner not authorized by the DNA Identification Act is guilty of a fourth degree felony | 0006| and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. | 0007| B. Any person who uses or attempts to use samples or DNA records for a purpose | 0008| not authorized by the DNA Identification Act is guilty of a fourth degree felony and shall be | 0009| sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. | 0010| C. Any person who obtains or attempts to obtain samples or DNA records for a | 0011| purpose not authorized by the DNA Identification Act is guilty of a fourth degree felony and shall | 0012| be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. | 0013| Section 13. DNA FUND CREATED--PURPOSES.-- | 0014| A. The "DNA identification system fund" is created in the state treasury. | 0015| B. The fund shall consist of all money received by appropriation, gift or grant, all | 0016| money collected pursuant to Section 11 of the DNA Identification Act and all investment income | 0017| from the fund. | 0018| C. Money and investment income in the fund at the end of any fiscal year shall | 0019| not revert to the general fund but shall remain in the fund. | 0020| D. Money and investment income in the fund is appropriated to the | 0021| administrative center for expenditure in fiscal year 1998 and subsequent fiscal years for the | 0022| purposes of the fund. | 0023| E. The fund shall be used for the purposes of the DNA Identification Act, | 0024| including paying the expenses incurred by the administrative center and all other reasonable | 0025| expenses. The administrative center may use money in the fund for loans or grants of money, | 0001| equipment or personnel to any law enforcement agency, correctional facility, judicial agency, the | 0002| public defender department or the office of the medical investigator, upon recommendation of | 0003| the DNA oversight committee. | 0004| Section 14. EFFECTIVE DATE.--The effective date of the provisions of this act is | 0005| July 1, 1997. |