0001| HOUSE BILL 568 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| GARY K. KING | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO CRIMINAL LAW; ENACTING THE DNA IDENTIFICATION ACT; | 0013| PROVIDING FOR COLLECTION OF DNA SAMPLES FROM CONVICTED FELONS; | 0014| PROVIDING A PENALTY; MAKING AN APPROPRIATION. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. SHORT TITLE.--This act may be cited as the "DNA | 0018| Identification Act". | 0019| Section 2. PURPOSE OF ACT.--The purpose of the DNA | 0020| Identification Act is to: | 0021| A. establish a DNA identification system for covered | 0022| offenders; | 0023| B. facilitate the use of DNA records by law | 0024| enforcement agencies in the identification, detection or | 0025| exclusion of persons in connection with criminal investigations, | 0001| prosecutions and other purposes; and | 0002| C. assist in humanitarian endeavors, including | 0003| identification of deceased persons, missing persons, close | 0004| biological relatives of missing persons and disaster victims. | 0005| Section 3. DEFINITIONS.--As used in the DNA Identification | 0006| Act: | 0007| A. "administrative center" means the law enforcement | 0008| agency or unit that administers and operates the DNA | 0009| identification system; | 0010| B. "advisory committee" means the DNA identification | 0011| system advisory committee; | 0012| C. "CODIS" means the federal bureau of | 0013| investigation's national DNA index system for storage and | 0014| exchange of DNA records submitted by forensic DNA laboratories; | 0015| D. "covered offender" means any person convicted of | 0016| a felony offense under the Criminal Code or adjudicated pursuant | 0017| to youthful offender or serious youthful offender proceedings | 0018| under the Children's Code; | 0019| E. "department" means the department of public | 0020| safety; | 0021| F. "DNA" means deoxyribonucleic acid as the basis of | 0022| human heredity; | 0023| G. "DNA identification system" means the DNA | 0024| identification system established pursuant to the DNA | 0025| Identification Act; | 0001| H. "DNA record" means the results of DNA testing and | 0002| related information; | 0003| I. "DNA testing" means a forensic DNA analysis that | 0004| includes restriction fragment length polymorphism, polymerase | 0005| chain reaction or other valid methods of DNA typing performed to | 0006| obtain identification characteristics of samples; | 0007| J. "fund" means the DNA identification system fund; | 0008| and | 0009| K. "sample" means a sample of biological material | 0010| sufficient for DNA testing. | 0011| Section 4. ADMINISTRATIVE CENTER--POWERS AND DUTIES--TRANSFER TO OTHER LAW ENFORCEMENT AGENCY.-- | 0012| A. The administrative center shall be an appropriate | 0013| unit of the department or such other qualified New Mexico law | 0014| enforcement agency as the secretary of public safety may | 0015| designate in accordance with this section. | 0016| B. The administrative center shall: | 0017| (1) establish and administer the DNA | 0018| identification system. The DNA identification system shall | 0019| provide for collection, storage, DNA testing, maintenance and | 0020| comparison of samples and DNA records for forensic purposes. | 0021| Such purposes shall include generation of investigative leads | 0022| and statistical analysis of DNA profiles, as well as | 0023| humanitarian purposes. Procedures used for DNA testing shall be | 0024| compatible with the procedures the federal bureau of | 0025| investigation has specified, including comparable test | 0001| procedures, laboratory equipment, supplies and computer | 0002| software. Procedures used shall meet or exceed CODIS' minimum | 0003| standards for acceptance of DNA records; | 0004| (2) coordinate sample collection activities; | 0005| (3) perform or contract for DNA testing; | 0006| (4) serve as a repository for samples and DNA | 0007| records; | 0008| (5) act as liaison with the federal bureau of | 0009| investigation for purposes of CODIS; and | 0010| (6) adopt regulations and procedures governing: | 0011| (a) sample collection; | 0012| (b) DNA testing; and | 0013| (c) the DNA identification system and DNA | 0014| records. | 0015| C. The secretary of public safety may designate, | 0016| pursuant to a joint powers agreement, the crime laboratory of | 0017| the police department for the largest municipality in a class A | 0018| county having a population of more than two hundred fifty | 0019| thousand at the most recent federal decennial census to act as | 0020| the administrative center. | 0021| D. The secretary of public safety may designate, | 0022| pursuant to a joint powers agreement, any other law enforcement | 0023| agency to act as administrative center upon recommendation of | 0024| four voting members of the advisory committee. | 0025| Section 5. ADVISORY COMMITTEE--CREATED--POWERS AND | 0001| DUTIES.-- | 0002| A. The "DNA identification system advisory | 0003| committee" is created. The advisory committee shall be composed | 0004| of five voting members and one nonvoting member as follows: | 0005| (1) a scientific representative from the | 0006| department crime laboratory appointed by the secretary of public | 0007| safety; | 0008| (2) a scientific representative from the crime | 0009| laboratory of the police department for the largest municipality | 0010| in a class A county having a population of more than two hundred | 0011| fifty thousand at the most recent federal decennial census; | 0012| (3) the secretary of corrections or his | 0013| designated representative; | 0014| (4) the state medical investigator or his | 0015| designated representative; | 0016| (5) the attorney general or his designated | 0017| representative; and | 0018| (6) the head of the administrative center or | 0019| his designated representative, who is the nonvoting member. | 0020| B. The advisory committee shall review and advise | 0021| the administrative center on rules, regulations, procedures and | 0022| policies to be adopted and sample collection and testing | 0023| procedures. | 0024| C. The advisory committee may advise the | 0025| administrative center on how to best prioritize analysis of | 0001| samples. | 0002| Section 6. COVERED OFFENDERS SUBJECT TO COLLECTION OF | 0003| SAMPLES.--Each covered offender shall provide one or more | 0004| samples to the administrative center, as follows: | 0005| A. covered offenders convicted on or after the | 0006| effective date of the DNA Identification Act shall provide a | 0007| sample at any time before release from any correctional facility | 0008| or, if the covered offender is not sentenced to incarceration, | 0009| before the end of any period of probation or other supervised | 0010| release; | 0011| B. covered offenders incarcerated on the effective | 0012| date of the DNA Identification Act shall provide a sample at any | 0013| time before release from any correctional facility; and | 0014| C. covered offenders on probation or other | 0015| supervised release on the effective date of the DNA | 0016| Identification Act shall provide a sample before the end of any | 0017| period of probation or other supervised release. | 0018| Section 7. PROCEDURES FOR COLLECTION OF SAMPLES.-- | 0019| A. The collection of samples pursuant to the | 0020| provisions of Section 6 of the DNA Identification Act shall be | 0021| conducted in a medically approved manner in accordance with | 0022| rules, regulations and procedures adopted by the administrative | 0023| center. | 0024| B. All persons who collect samples shall be trained | 0025| in procedures that meet the requirements and standards specified | 0001| in Subsection A of this section. | 0002| C. All persons authorized to collect samples and | 0003| their employers shall be immune from liability in any civil or | 0004| criminal action if the collection is performed without | 0005| negligence. This subsection shall not be deemed to create any | 0006| additional liability or waive any immunity of public employees | 0007| under the Tort Claims Act. | 0008| D. Samples shall be stored in accordance with rules, | 0009| regulations and procedures adopted by the administrative center. | 0010| E. DNA testing shall be performed by the | 0011| administrative center or a contract facility it may designate. | 0012| F. DNA records and samples shall be securely | 0013| classified and stored at the administrative center. | 0014| Section 8. CONFIDENTIALITY--DISCLOSURE AND DISSEMINATION | 0015| OF DNA RECORDS.-- | 0016| A. DNA records and samples are confidential and | 0017| shall not be disclosed except as authorized in the DNA | 0018| Identification Act. | 0019| B. The administrative center shall make DNA records | 0020| available for identification, comparison and investigative | 0021| purposes to local, state and federal law enforcement agencies. | 0022| The administrative center may disseminate statistical or | 0023| research information derived from samples and DNA testing if all | 0024| personal identification is removed. | 0025| Section 9. ENFORCEMENT.--The attorney general or a | 0001| district attorney may petition a district court for an order | 0002| requiring a covered offender to: | 0003| A. provide a sample; or | 0004| B. provide a sample by alternative means if the | 0005| covered offender will not cooperate. | 0006| Section 10. ASSESSMENT OF FEE.--On and after the effective | 0007| date of the DNA Identification Act, when a covered offender is | 0008| convicted, the court shall assess a fee of one hundred dollars | 0009| ($100) in addition to any other fee, restitution or fine. The | 0010| fee shall be deposited in the fund. | 0011| Section 11. PENALTY.--Any person who by virtue of his | 0012| employment or official position possesses or has access to | 0013| samples or DNA records and who willfully discloses any of them | 0014| to any person or in any manner not authorized by the DNA | 0015| Identification Act is guilty of a misdemeanor and shall be | 0016| sentenced pursuant to the provisions of Subsection A of Section | 0017| 31-19-1 NMSA 1978. | 0018| Section 12. DNA FUND CREATED--PURPOSES.-- | 0019| A. The "DNA identification system fund" is created | 0020| in the state treasury. | 0021| B. The fund shall consist of all money received by | 0022| appropriation, gift or grant, all money collected pursuant to | 0023| Section 10 of the DNA Identification Act and all investment | 0024| income on the fund. | 0025| C. Money and investment income in the fund at the | 0001| end of any fiscal year shall not revert but shall remain in the | 0002| fund. | 0003| D. Money and investment income in the fund is | 0004| appropriated to the administrative center for expenditure in | 0005| fiscal year 1997 and subsequent fiscal years for the purposes of | 0006| the fund. | 0007| E. The fund shall be used for the purposes of the | 0008| DNA Identification Act, including paying the expenses incurred | 0009| by the administrative center and all other reasonable expenses. | 0010| The administrative center may use money in the fund for loans or | 0011| grants of money, equipment or personnel to any law enforcement | 0012| agency, correctional facility or judicial agency upon | 0013| recommendation of the advisory committee. | 0014| Section 13. APPROPRIATION.--One million dollars | 0015| ($1,000,000) is appropriated from the general fund to the DNA | 0016| identification system fund for expenditure in fiscal year 1997 | 0017| for the purpose of implementing the provisions of the DNA | 0018| Identification Act. Any unexpended or unencumbered balance | 0019| remaining at the end of fiscal year 1997 shall not revert to the | 0020| general fund. | 0021| Section 14. EFFECTIVE DATE.--The effective date of the | 0022| provisions of this act is July 1, 1996. | 0023|  State of New Mexico | 0024| House of Representatives | 0025| | 0001| FORTY-SECOND LEGISLATURE | 0002| SECOND SESSION, 1996 | 0003| | 0004| | 0005| February 10, 1996 | 0006| | 0007| | 0008| Mr. Speaker: | 0009| | 0010| Your JUDICIARY COMMITTEE, to whom has been referred | 0011| | 0012| HOUSE BILL 568 | 0013| | 0014| has had it under consideration and reports same with | 0015| recommendation that it DO PASS, and thence referred to the | 0016| APPROPRIATIONS AND FINANCE COMMITTEE. | 0017| | 0018| Respectfully submitted, | 0019| | 0020| | 0021| | 0022| | 0023| Cisco McSorley, Chairman | 0024| | 0025| | 0001| Adopted Not Adopted | 0002| | 0003| (Chief Clerk) (Chief Clerk) | 0004| | 0005| Date | 0006| | 0007| The roll call vote was 9 For 0 Against | 0008| Yes: 9 | 0009| Excused: Alwin, Gubbels, Sanchez, R.G. | 0010| Absent: Luna | 0011| | 0012| | 0013| | 0014| | 0015| H0568JC1 State of New Mexico | 0016| House of Representatives | 0017| | 0018| FORTY-SECOND LEGISLATURE | 0019| SECOND SESSION, 1996 | 0020| | 0021| | 0022| February 12, 1996 | 0023| | 0024| | 0025| Mr. Speaker: | 0001| | 0002| Your APPROPRIATIONS AND FINANCE COMMITTEE, to | 0003| whom has been referred | 0004| | 0005| HOUSE BILL 568 | 0006| | 0007| has had it under consideration and reports same with | 0008| recommendation that it DO PASS, amended as follows: | 0009| | 0010| 1. On page 9, lines 14 and 15, strike "one million dollars | 0011| ($1,000,000)", and insert in lieu thereof "two hundred thousand | 0012| dollars($200,000)". | 0013| | 0014| Respectfully submitted, | 0015| | 0016| | 0017| | 0018| | 0019| | 0020| Max Coll, Chairman | 0021| | 0022| | 0023| Adopted Not Adopted | 0024| | 0025| (Chief Clerk) (Chief Clerk) | 0001| | 0002| Date | 0003| | 0004| The roll call vote was 13 For 0 Against | 0005| Yes: 13 | 0006| Excused: Buffett, Casey, Knowles, Light, Picraux | 0007| Absent: None | 0008| | 0009| | 0010| | 0011| H0568AF1 |