A. The attorney general or a district attorney may petition a district court for an order requiring a covered offender or a person required to provide a DNA sample pursuant to the provisions of Section 1 of this 2006 act [29-3-10 NMSA 1978] to:
(1) provide a sample; or
(2) provide a sample by alternative means if the covered offender or person will not cooperate.
B. Nothing in this section shall prevent the collection of samples by order of a court of competent jurisdiction or the collection of samples of covered offenders.
History: Laws 1997, ch. 105, § 9; 2006, ch. 104, § 7.
The 2006 amendment, effective January 1, 2007, in Subsection A, added a person required to provide a DNA sample pursuant to Section 1 of the 2006 act [29-3-10 NMSA 1978]; and added Subsection B to provide that nothing in this section prevents collection of samples by order or a court or the collection of samples of covered offenders.
Severability. — Laws 2006, ch. 104, § 11, effective January 1, 2007, provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
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