SENATE BILL 133

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Elizabeth "Liz" Stefanics

AN ACT

RELATING TO SEXUAL ASSAULT; REQUIRING THE STATE AUDITOR TO PERFORM A BIENNIAL AUDIT OF UNTESTED SEXUAL ASSAULT EXAMINATION KITS; MAKING AN APPROPRIATION.

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

     SECTION 1. A new section of Chapter 30, Article 9 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] UNTESTED SEXUAL ASSAULT EXAMINATION KITS--REQUIRED AUDITS.--The state auditor shall perform a biennial audit of each law enforcement agency in the state to determine the:

          A. number of untested samples of biological material collected pursuant to a medical examination of a sexual assault victim in the possession of each agency;

          B. date on which each sample was collected; and

          C. date on which each sample was received by the agency."

     SECTION 2. APPROPRIATION.--Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the office of the state auditor for expenditure in fiscal years 2019 through 2021 to perform an audit of untested samples of biological material collected pursuant to medical examinations of sexual assault victims in the possession of each law enforcement agency in the state. Any unexpended or unencumbered balance remaining at the end of fiscal year 2021 shall revert to the general fund.

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