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 [Chapter 29, Article 16 NMSA 1978] 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. A sample shall not be analyzed and shall be destroyed unless one of the following conditions has been met:
(1) the arrest was made upon an arrest warrant for a felony;
(2) the defendant has appeared before a judge or magistrate who made a finding that there was probable cause for the arrest; or
(3) the defendant posted bond or was released prior to appearing before a judge or magistrate and then failed to appear for a scheduled hearing.
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) "sample" means a sample of biological material that is sufficient for DNA testing.
History: Laws 2006, ch. 104, § 1; 2011, ch. 84, § 1.
The 2011 amendment, effective July 1, 2011, required DNA samples from all persons arrested for commission of a felony if the arrest was made upon an arrest warrant, a judge or a magistrate has found probable cause for the arrest, or the defendant failed to appear for a hearing after posting bond.
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