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Section 29-16-5 - DNA oversight committee; created; powers and duties.

NM Stat § 29-16-5 (2019) (N/A)
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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' 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.

I. The DNA oversight committee may award grants and loans pursuant to Section 29-16-13 NMSA 1978.

History: Laws 1997, ch. 105, § 5; 2003, ch. 256, § 8; 2005, ch. 279, § 12; 2009, ch. 24, § 3; 2013, ch. 208, § 3.

The 2013 amendment, effective July 1, 2013, required that the DNA identification system oversight committee designate and approve the location of the administrative center; and added Subsections H and I.

The 2009 amendment made no changes.

The 2005 amendment, effective July 1, 2005, added Subsection F to provide for the establishment and administration of the sex offender DNA identification system and added Subsection G to provide for the adoption of rules and procedures regarding the establishment and administration of the sex offender DNA identification system.

Applicability. — Laws 2005, ch. 279, §14, effective July 1, 2005, provided that Laws 2005, ch. 279, §§ 1 through 13 apply to a person convicted of a sex offense on or after July 1, 2005 and a person convicted of a sex offense prior to July 1, 2005 and who, on July 1, 2005, was still incarcerated, on probation or on parole for commission of that sex offense.

The 2003 amendment, effective July 1, 2003 substituted "attorneys" for "attorney's" in Subsection A(6); deleted "regulations" following "adopt rules" near the middle of Subsection B; and deleted "regulations" following "regarding rules" near the middle of Subsection C; and added Subsections D and E.

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