HOUSE BILL 1001
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Janice E. Arnold-Jones
AN ACT
RELATING TO LAW ENFORCEMENT; REQUIRING DNA SAMPLES FROM CONVICTED SEX OFFENDERS; ESTABLISHING THE SEX OFFENDER DNA IDENTIFICATION SYSTEM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 29-11A-4 NMSA 1978 (being Laws 1995, Chapter 106, Section 4, as amended) is amended to read:
"29-11A-4. REGISTRATION OF SEX OFFENDERS--INFORMATION REQUIRED--CRIMINAL PENALTY FOR NONCOMPLIANCE.--
A. A sex offender residing in this state shall register with the county sheriff for the county in which the sex offender resides.
B. A sex offender who is a current resident of New Mexico shall register with the county sheriff no later than ten days after being released from the custody of the corrections department or being placed on probation or parole. A sex offender who changes his residence to New Mexico shall register with the county sheriff no later than ten days after establishing residence in this state. When a sex offender registers with the county sheriff, he shall provide the following registration information:
(1) his legal name and any other names or aliases that he is using or has used;
(2) his date of birth;
(3) his social security number;
(4) his current address;
(5) his place of employment;
(6) the sex offense for which he was convicted; [and]
(7) the date and place of his sex offense conviction; and
(8) a sample of his DNA pursuant to the provisions of the DNA Identification Act.
C. A sex offender who is a resident of another state but who is employed in New Mexico or attending school in New Mexico shall register with the county sheriff for the county in which the sex offender is working or attending school.
D. A sex offender who is a resident of another state but who is employed in New Mexico or attending school in New Mexico shall register with the county sheriff no later than ten days after beginning work or school. When the sex offender registers with the county sheriff, he shall provide the following registration information:
(1) his legal name and any other names or aliases that he is using or has used;
(2) his date of birth;
(3) his social security number;
(4) his current address in his state of residence and, if applicable, the address of his place of lodging in New Mexico while he is working or attending school;
(5) his place of employment or the name of the school he is attending;
(6) the sex offense for which he was convicted; [and]
(7) the date and place of his sex offense conviction; and
(8) a sample of his DNA pursuant to the provisions of the DNA Identification Act.
E. When a sex offender registers with a county sheriff, the sheriff shall obtain:
(1) a photograph of the sex offender and a complete set of the sex offender's fingerprints; and
(2) a description of any tattoos, scars or other distinguishing features on the sex offender's body that would assist in identifying the sex offender.
F. When a sex offender who is registered changes his residence within the same county, the sex offender shall send written notice of his change of address to the county sheriff no later than ten days after establishing his new residence.
G. When a sex offender who is registered changes his residence to a new county in New Mexico, the sex offender shall register with the county sheriff of the new county no later than ten days after establishing his new residence. The sex offender shall also send written notice of the change in residence to the county sheriff with whom he last registered no later than ten days after establishing his new residence.
H. Following his initial registration pursuant to the provisions of this section:
(1) a sex offender required to register pursuant to the provisions of Subsection D of Section
29-11A-5 NMSA 1978 shall annually renew his registration with the county sheriff prior to December 31 of each subsequent calendar year for a period of twenty years; and
(2) a sex offender required to register pursuant to the provisions of Subsection E of Section
29-11A-5 NMSA 1978 shall annually renew his registration with the county sheriff prior to December 31 of each subsequent calendar year for a period of ten years.
I. A sex offender who willfully fails to comply with the registration requirements set forth in this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. J. A sex offender who willfully provides false information when complying with the registration requirements set forth in this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."
Section 2. Section 29-16-2 NMSA 1978 (being Laws 1997, Chapter 105, Section 2, as amended) is amended to read:
"29-16-2. PURPOSE OF ACT.--The purpose of the DNA Identification Act is to:
A. establish a DNA identification system for covered offenders;
B. facilitate the use of DNA records by local, state and federal law enforcement agencies in the: (1) identification, detection or exclusion of persons in connection with criminal investigations; and
(2) registration of sex offenders required to register pursuant to the provisions of the Sex Offender Registration and Notification Act;
C. establish a missing persons DNA identification system consisting of the following DNA indexes:
(1) unidentified persons;
(2) unidentified human remains; and
(3) relatives of, or known reference samples from, missing persons; and
D. facilitate the use of DNA records by local, state and federal law enforcement agencies and the state medical investigator in the:
(1) identification and location of missing and unidentified persons or human remains; and
(2) registration of sex offenders required to register pursuant to the provisions of the Sex Offender Registration and Notification Act."
Section 3. 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 that administers and operates the DNA identification system;
B. "DNA oversight committee" means the DNA identification system oversight committee;
C. "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. "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 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. "department" means the department of public safety;
F. "DNA" means deoxyribonucleic acid as the basis of human heredity;
G. "DNA identification system" means the DNA identification system established pursuant to the DNA Identification Act;
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; [and]
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 4. 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.
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; and
(d) the acceptance, security and dissemination of DNA records;
(7) 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; [and]
(8) establish and administer the missing persons DNA identification system as a part of the DNA identification system; and
(9) 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 5. 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 [his] the secretary's designated representative;
(4) the state medical investigator or [his] the investigator's designated representative;
(5) the attorney general or [his] the attorney general's designated representative;
(6) the president of the district attorneys association or [his] the president's designated representative;
(7) the chief public defender or [his] the chief public defender's designated representative;
(8) the president of the New Mexico criminal defense lawyers association or [his] the president's designated representative; and
(9) the head of the administrative center or [his] the head's designated representative.
B. The DNA oversight committee shall adopt rules and procedures regarding the administration and operation of the DNA identification system.
C. 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. 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. 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. 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. 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."
Section 6. Section 29-16-6 NMSA 1978 (being Laws 1997, Chapter 105, Section 6, as amended) is amended to read:
"29-16-6. COLLECTION OF SAMPLES.--
A. A covered offender shall provide one or more samples to the administrative center, as follows:
(1) a covered offender convicted on or after July 1, 1997 shall provide a sample immediately upon request of the corrections department so long as the request is made before release from any correctional facility or, if the covered offender is not sentenced to incarceration, before the end of any period of probation or other supervised release;
(2) a covered offender incarcerated on or after July 1, 1997 shall provide a sample immediately upon request of the corrections department so long as the request is made before release from any correctional facility; [and]
(3) a covered offender on probation or other supervised release on or after July 1, 1997 shall provide a sample immediately upon request of the corrections department so long as the request is made before the end of any period of probation or other supervised release; and
(4) a covered offender required to register pursuant to the provisions of the Sex Offender Registration and Notification Act shall provide a sample immediately upon request by the county sheriff located in any county in which the sex offender is required to register, unless the sex offender provided a sample while in the custody of the corrections department or to the county sheriff of another county in New Mexico in which the sex offender is registered.
B. Samples from unidentified persons or relatives of a missing person shall be provided to the administrative center, as follows:
(1) upon the completion of a permission to search form authorizing the collection of a DNA sample;
(2) upon the receipt of a properly executed search warrant; or
(3) upon the issuance of a court order.
C. Samples from unidentified human remains shall be provided by the state medical investigator.
D. Samples of known reference materials from missing persons shall be provided by the investigating law enforcement agency."
Section 7. APPLICABILITY.--The provisions of this act shall apply to any person convicted of a sex offense and required to register pursuant to the provisions of the Sex Offender Registration and Notification Act.
Section 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.
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