HOUSE JOINT MEMORIAL 35

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

INTRODUCED BY

Mimi Stewart

A JOINT MEMORIAL

REQUESTING THE SECRETARY OF PUBLIC SAFETY TO CONVENE A TASK FORCE TO STUDY WHETHER ALL OF THE STATE'S LAW ENFORCEMENT AGENCIES ARE COLLECTING BIOLOGICAL MATERIAL FROM SEXUAL ASSAULT VICTIMS, WHETHER THAT MATERIAL IS BEING SUBMITTED TO A FORENSIC LABORATORY IN A TIMELY AND UNIFORM MANNER AND WHETHER QUALIFYING RECORDS ARE BEING ENTERED INTO THE NATIONAL DNA INDEX SYSTEM AND THEN MAKE RECOMMENDATIONS ON HOW TO ENSURE THAT STATE LAW IS BEING FOLLOWED.

     WHEREAS, Section 30-9-19 NMSA 1978 requires that samples from biological material collected pursuant to a medical examination of a sexual assault victim be submitted by the investigating law enforcement agency to the forensic laboratory that receives that agency's biological material for DNA testing; and

     WHEREAS, state law further requires that records derived from DNA testing that qualify for insertion into the federal bureau of investigation's national DNA index system be submitted by the forensic laboratory to the administrative center that operates and administers the state DNA identification system; and

     WHEREAS, in most cases, the laboratory that receives the biological material from local law enforcement agencies is the accredited forensic laboratory of the department of public safety, known as the DNA and serology unit of the headquarters crime lab; and

     WHEREAS, this unit is charged with analyzing all types of biological material submitted as evidence from violent crimes, including the crime of sexual assault; and

     WHEREAS, the unit is also responsible for providing training in the recognition, collection and preservation of biological evidence to law enforcement and criminal justice agencies throughout the state; and

     WHEREAS, in order to utilize the maximum potential of the national DNA index system to link crimes to offenders, maximize the protection of residents and ensure fair and timely justice for victims who have reported the crime to law enforcement, biological material must be submitted to the forensic laboratories as soon as possible after collection of the material; and

     WHEREAS, there is no assurance that all local law enforcement agencies are adhering to the law in a uniform manner; and

     WHEREAS, it appears that local law enforcement agencies are not submitting biological material for DNA testing in a timely and uniform manner to the department of public safety's forensic laboratory or the forensic laboratory that receives the agency's biological material; and

     WHEREAS, it also appears that, contrary to their mandate, local law enforcement agencies are not submitting biological material unless the district attorney decides to prosecute the case; and

     WHEREAS, according to research reported in Scientific Testimony, an online science journal, biological material that is old, or that has been stored in warm or moist conditions, may be unsuitable for DNA testing due to degradation of the sample; and

     WHEREAS, the state needs to ensure that local law enforcement agencies are complying with the law in order to ensure the safety of its residents and the attainment of justice for victims of sexual assault who have reported the crime to law enforcement;NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the secretary of public safety be requested to convene a task force to study whether all of the state's law enforcement agencies are collecting biological material from sexual assault victims, whether that material is being submitted to a forensic laboratory in a timely and uniform manner and whether qualifying records are being entered into the national DNA index system and then make recommendations on how to ensure that state law is being followed; and

     BE IT FURTHER RESOLVED that the task force include representation from the New Mexico sheriffs' and police association, the New Mexico district attorney's association, the public defender department, the New Mexico criminal defense lawyers association and the New Mexico coalition of sexual assault programs, one sexual assault nurse examiner and one representative of a New Mexico rape crisis center; and

     BE IT FURTHER RESOLVED that the task force collect data on the submission of biological material to the department of public safety and to other forensic laboratories from sexual assault victims who have reported the crime to law enforcement and on the submission of records from the department's forensic laboratory and other laboratories to the administrative center that operates and administers the state DNA identification system, on an annual basis; and

     BE IT FURTHER RESOLVED that the task force consider actions that can be taken to improve the process of submission of biological material by law enforcement agencies to forensic laboratories and of records from forensic laboratories to the DNA administrative center; and

     BE IT FURTHER RESOLVED that a report on the findings and recommendations of the task force be presented to the appropriate interim legislative committee by October 2011; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of public safety, the New Mexico sheriffs' and police association, the New Mexico district attorney's association, the chief public defender and the director of the New Mexico criminal defense lawyers association.

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