SENATE BILL 5

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Cisco McSorley

FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO LAW ENFORCEMENT; AMENDING SECTIONS OF THE DNA IDENTIFICATION ACT TO MEET FEDERAL GUIDELINES ON QUALIFYING LABORATORIES; REQUIRING THE COLLECTION OF DNA SAMPLES FROM ADULTS CONVICTED OF A FELONY OFFENSE IN ANOTHER JURISDICTION; PROVIDING THAT THE DNA OVERSIGHT COMMITTEE SHALL DESIGNATE WHERE THE ADMINISTRATIVE CENTER IS TO BE LOCATED.

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

     Section 1. 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 [law enforcement agency or unit] part of a national DNA index system qualified crime laboratory that administers and operates the DNA identification system;

          [B. "DNA oversight committee" means the DNA identification system oversight committee;

          C.] 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;

          [D.] C. "covered offender" means any person convicted of a felony offense as an adult [under the Criminal Code, the Motor Vehicle Code or the constitution of New Mexico] pursuant to state, federal, tribal 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;

          [E.] D. "department" means the department of public safety;

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

          [G.] 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. "fund" means the DNA identification system fund;

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

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

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

     Section 2. 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] part of a crime laboratory 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;

                     (c) the DNA identification system and DNA records;

                     (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 [1 of this 2006 act] 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.

          [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 advisory committee.]"

     Section 3. 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 district attorneys 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 designate a qualifying crime laboratory where the administrative center is to be located.

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

          [C.] D. 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.] E. 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.] F. 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.] G. 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.] H. 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."

- 8 -