SB0357

SENATE BILL 357

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Cisco McSorley

AN ACT

RELATING TO DNA IDENTIFICATION; PROVIDING THAT THE DNA IDENTIFICATION SYSTEM OVERSIGHT COMMITTEE SHALL DESIGNATE THE LOCATION OF THE ADMINISTRATIVE CENTER AND APPROVE THE SELECTION OF THE HEAD OF THE ADMINISTRATIVE CENTER; PROVIDING FOR QUALIFICATIONS FOR THE HEAD OF THE ADMINISTRATIVE CENTER; REQUIRING A WRITTEN AGREEMENT BETWEEN THE COMMITTEE AND THE LAW ENFORCEMENT AGENCY WHERE THE ADMINISTRATIVE CENTER IS LOCATED; PROVIDING FOR THE COLLECTION OF THE DNA FEE BY THE CORRECTIONS DEPARTMENT; PROVIDING PROCEDURES FOR MONEY WITHDRAWN FROM THE DNA IDENTIFICATION SYSTEM FUND; REQUIRING ACCOUNTABILITY FOR EXPENDITURES FROM THE FUND.

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 part of a law enforcement agency crime laboratory that participates in the national DNA index system [qualified New Mexico crime laboratory] and that administers and operates the DNA identification system;

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;

C. "covered offender" means any person convicted of a felony offense as an adult pursuant to state, federal 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;

D. "department" means the department of public safety;

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

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] HEAD--LOCATION--WRITTEN AGREEMENT.--

[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 that meets the requirements for participation in the national DNA index system.

B.] A. 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;

(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 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 oversight committee]

B. The law enforcement agency where the administrative center is located shall select the head of the administrative center with the approval of six members of the DNA oversight committee. The head of the administrative center shall manage the operations of the administrative center and shall have the education and experience to meet or exceed the requirements for a technical leader or a CODIS administrator pursuant to the federal bureau of investigation's quality assurance standards.

C. The administrative center shall be located at the crime laboratory of the law enforcement agency for the largest municipality in a class A county having a population of more than five hundred thousand at the most recent federal decennial census. If a relocation of the administrative center is required for continued compliance with the provisions of the DNA Identification Act, the DNA oversight committee shall designate any future locations of the administrative center upon approval of six voting members of the committee.

D. The DNA oversight committee shall enter into a written agreement with the law enforcement agency where the administrative center is located and may designate the attorney general to enter into the agreement on its behalf and with its approval."

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] attorney's 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 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.

H. The DNA oversight committee shall designate and approve the location of the administrative center as provided in Section 29-16-4 NMSA 1978."

SECTION 4. Section 29-16-11 NMSA 1978 (being Laws 1997, Chapter 105, Section 11) is amended to read:

"29-16-11. [ASSESSMENT OF] COLLECTION OF DNA FEE.--[On and after the effective date of the DNA Identification Act] When a covered offender is convicted, [the court shall assess fee of one hundred dollars ($100) in addition to any other fee, restitution or fine. The fee shall be deposited in the fund.] the corrections department shall collect a DNA fee of one hundred dollars ($100) from the covered offender and shall remit the fee to the state treasurer for deposit in the DNA identification system fund."

SECTION 5. Section 29-16-13 NMSA 1978 (being Laws 1997, Chapter 105, Section 13, as amended) is amended to read:

"29-16-13. DNA IDENTIFICATION SYSTEM FUND CREATED--PURPOSES--PROCEDURE--ACCOUNTING.--

A. The "DNA identification system fund" is created in the state treasury. [B.] The fund shall consist of all money received by appropriation, gift or grant, all [money] DNA fees collected pursuant to Section 29-16-11 NMSA 1978 and all investment income from the fund.

[C.] B. Money and investment income in the fund at the end of any fiscal year shall not revert to the general fund but shall remain in the fund. [D.] Money and investment income in the fund is appropriated to the [administrative center] DNA oversight committee for expenditure in fiscal year 1998 and subsequent fiscal years for the purposes [of the fund] provided in this section.

[E.] C. The fund shall be used [for] to implement the purposes of the DNA Identification Act, including paying the expenses incurred by the administrative center and all other reasonable expenses. [The administrative center may use] Money in the fund may be used for loans or grants of money, equipment or personnel to any law enforcement agency, correctional facility, jail, detention facility, judicial agency, the public defender department or the office of the [state] medical investigator, upon [recommendation] approval of the DNA oversight committee.

D. The DNA oversight committee shall withdraw money from the fund as necessary to implement the purposes of the DNA Identification Act. Any amounts withdrawn from the fund shall be deposited into a separate account, maintained by the law enforcement agency where the administrative center is located, to be used only for the purposes authorized in this section.

E. The law enforcement agency where the administrative center is located shall annually certify to the DNA oversight committee and the state treasurer's office that all money withdrawn from the fund was expended in accordance with this section and shall provide an accounting of the funds as directed by the committee or the state treasurer's office.

F. Withdrawals from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers issued and signed by the chair of the DNA oversight committee or the chair's designee."

SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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