46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; REQUIRING INCREASED PROCESSING OF DNA EVIDENCE TO FACILITATE PROSECUTION OF SEXUAL CRIMES; AMENDING SECTIONS OF THE SEXUAL CRIMES PROSECUTION AND TREATMENT ACT.

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

Section 1. Section 29-11-2 NMSA 1978 (being Laws 1978, Chapter 27, Section 2) is amended to read:

"29-11-2. PURPOSE.--The purpose of the Sexual Crimes Prosecution and Treatment Act is to promote effective law enforcement and prosecution of sexual crimes and to provide medical and psychological assistance for victims of such crimes. Implementation of [the Sexual Crimes Prosecution and Treatment] that act will serve to assist existing community-based victim treatment programs, to provide interagency cooperation and training of law enforcement, criminal justice and medical personnel and to effect proper handling and testing of evidence, including DNA evidence, in sexual crime offenses."

Section 2. Section 29-11-3 NMSA 1978 (being Laws 1978, Chapter 27, Section 3, as amended) is amended to read:

"29-11-3. DEFINITIONS.--As used in the Sexual Crimes Prosecution and Treatment Act:

A. "administrator" means the director of the mental health division of the department of health or such person or office as the administrator may designate to act in his stead;

B. "DNA" means deoxyribonucleic acid;

[B.] C. "evidence" means that evidence relating to the commission of a sexual crime;

[C.] D. "medical and psychological treatment" includes that medical, mental or emotional treatment provided a victim of a sexual crime. In addition to the improved physical and emotional condition of a victim, the treatment should result in the improved ability of a victim to make informed and rational choices about serving as a witness in the prosecution of a suspect of a sexual crime; and

[D.] E. "sexual crime" includes any act [which] that may be alleged to be a sexual offense or an attempted sexual offense under the provisions of [Sections 30-9-10 through 30-9-16] Chapter 30, Article 9 NMSA 1978 and Section 30-10-3 NMSA 1978."

Section 3. Section 29-11-5 NMSA 1978 (being Laws 1978, Chapter 27, Section 5, as amended) is amended to read:

"29-11-5. SEXUAL CRIMES PROSECUTION AND TREATMENT PROGRAM.--

A. The administrator shall develop, with the cooperation of the [criminal justice] corrections department, the New Mexico state police, the crime laboratory bureau of the department of public safety, the New Mexico law enforcement academy, other authorized law enforcement agencies and existing community-based victim treatment programs, a statewide comprehensive plan to train law enforcement officers and criminal justice and medical personnel in the ability to deal with sexual crimes; to develop strategies for prevention of such crimes; to provide assistance in the assembly of evidence for the facilitation of prosecution of such crimes; and to provide medical and psychological treatment to victims of such crimes. This plan shall include [but not be limited to]:

(1) education and training of law enforcement officers and criminal justice and medical personnel;

(2) collection, processing and analysis of evidence, [which] including DNA evidence, that facilitates prosecution of suspects of sexual crimes; [and]

(3) methods to increase processing of DNA evidence to facilitate prosecution of sexual crimes; and

[(3)] (4) medical and psychological treatment of victims of such crimes.

B. The comprehensive plan shall be implemented throughout the state, and the administrator may contract with appropriate persons, entities, agencies or community-based programs to provide the services to be rendered pursuant to Subsection A of this section and may pay a reasonable fee for [such] the services.

C. Nothing in this section shall be construed to require criminal prosecution of a suspect of a sexual crime by the victim to whom services are rendered pursuant to the provisions of the Sexual Crimes Prosecution and Treatment Act.

D. Training for law enforcement officers in the proper treatment of victims of sexual crimes and collection of evidence and coordination among agencies shall be incorporated in the regular training program for recruits by the New Mexico state police and the basic course taught by the New Mexico law enforcement academy or by other authorized law enforcement agencies. Already commissioned officers and [sex-crime] sexual crime investigators shall receive advanced training through in-service programs."

Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.