SENATE BILL 365

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

INTRODUCED BY

Vernon D. Asbill

AN ACT

RELATING TO CRIMINAL LAW; REQUIRING DNA SAMPLES FROM ALL PERSONS ARRESTED FOR THE COMMISSION OF A FELONY.

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

     SECTION 1. Section 29-3-10 NMSA 1978 (being Laws 2006, Chapter 104, Section 1) is amended to read:

     "29-3-10. DNA COLLECTION FROM PERSONS ARRESTED.--

          A. A person eighteen years of age or over who is arrested for the commission of a felony under the laws of this state or any other jurisdiction shall provide a DNA sample to jail or detention facility personnel upon booking. A sample is not required if it is determined that a sample has previously been taken, is in the possession of the administrative center, has not been expunged pursuant to the DNA Identification Act and is sufficient for DNA identification testing.

          B. Jail or detention facility personnel who collect samples pursuant to this section shall forward the samples to the administrative center.

          C. Samples shall be collected in accordance with rules and procedures adopted by the DNA oversight committee, shall be subject to the confidentiality and penalty provisions of the DNA Identification Act and shall be used only as authorized by that act.

          D. As used in this section:

                (1) "administrative center" means the law enforcement agency or unit that administers and operates the DNA identification system pursuant to the provisions of the DNA Identification Act;

                (2) "DNA" means deoxyribonucleic acid; and

                [(3) "felony" means:

                     (a) a sex offense as defined in the provisions of Section 29-11A-3 NMSA 1978 that is a felony; or

                     (b) any other felony offense that involves death, great bodily harm, aggravated assault, kidnapping, burglary, larceny, robbery, aggravated stalking, use of a firearm or an explosive or a violation pursuant to the Antiterrorism Act; and

                (4)] (3) "sample" means a sample of biological material that is sufficient for DNA testing."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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