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SPONSOR: |
McSorley |
DATE TYPED: |
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HB |
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SHORT TITLE: |
DNA Identification Provisions |
SB |
157 |
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ANALYST: |
Fox-Young |
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APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
|
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
|
|
$0.1 Unknown |
Recurring |
|
|
|
|
|
|
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
Responses
Received From
Administrative
Office of the District Attorneys (AODA)
Department
of Public Safety (DPS)
Corrections
Department (CD)
Administrative
Office of the Courts (AOC)
Attorney
General (AG)
SUMMARY
Synopsis
of Bill
Senate
Bill 157 expands the DNA Identification Act, NMSA 1978, Section 29-16-1 et seq.
(1997), to include the use of DNA to identify missing persons an to allow for
the immediate collection of DNA samples from covered offenders.
The
bill establishes three new provisions under the existing Act:
·
Samples and DNA
records may be expunged from the missing persons DNA identification
system.
·
When DNA testing
of samples is required by law, the relevant administrative center shall be
reimbursed for costs incurred in DNA testing for unidentified persons or human
remains. Reimbursements shall be
deposited in the fund.
·
Searches of
samples collected for purposes of the missing persons DNA identification system
shall be limited to searches of DNA indexes consisting of: unidentified
persons, unidentified human remains, known reference samples from missing
persons, and covered offenders as defined by the Act. Searches of samples collected under this
section shall not be performed against DNA indexes consisting of evidentiary
samples resulting from criminal investigations.
The
bill amends the DNA Identification Act, adding language to establish a missing
persons DNA identification system consisting of indexes for unidentified
persons, unidentified human remains, and relatives of or known reference
samples missing persons as reference samples from missing persons.
The bill amends Section 29-16-5 providing that the DNA oversight committee shall adopt rules and procedures regarding the establishment and administration of the missing persons DNA identification system.
The
bill amends Section 29-16-6 to require that covered offenders, as defined by
the act, provide DNA samples immediately upon the request of the Corrections
Department (CD). This language would
apply to any covered offender convicted on or after
The bill amends Section 29-16-8 regarding confidentiality of DNA records to allow the state medical investigator access to DNA records.
Significant Issues
The Attorney General (AG) notes that the Office
of the Medical Investigator has significant difficulties in identifying unknown
corpses. The bill would facilitate the
identification of missing persons.
The current law allows
for the collection of DNA samples from covered inmates at any time before
release. Inmates often refuse to provide
DNA samples until just before parole or release from a correctional
facility. This activity postpones the
inclusion of data in DNA indexes, also postponing its availability for searches
against DNA samples taken in current criminal investigations. This bill provides
that covered offenders submit samples immediately upon request, eliminating the
unintended
implication that the Corrections Department (CD) can only request a DNA sample
from a covered offender shortly before release.
The state will likely incur administrative costs in carrying out a number of provisions of the bill. These include updating records, expanding databases and responding to expungement requests.
The bill does not contain an appropriation; however, it provides that reimbursements for the cost of processing samples shall be made to the DNA fund (by way of the administrative center) by the investigating law enforcement agency or by the state medical investigator. These agencies may feel a significant fiscal impact.
Relates to HB 425
which makes an appropriation for DNA sample processing.
TECHNICAL ISSUES
CD notes that the amended language in Section 29-16-6 (page 10, lines 14-24) may not cover a situation in which an inmate or a probationer refuses to submit a sample, the District Attorney files a civil action with the District Court to obtain an order requiring the inmate or probationer to submit a DNA sample and that court order is not obtained until after the inmate was released form custody or the period of probation or parole had expired. CD recommends removing the language “so long as the request is made before release from any correctional facility.”
It appears that the amended language covers all
situations in which the original request was made prior to release. If, as a policy consideration, the
Legislature believes that the state should be able to request samples from
offenders following release, the language should be changed.