N.M. Stat. § 29-16-3 (2026)

As used in the DNA Identification Act:

   A. "administrative center" means the part of a law enforcement agency crime
laboratory that participates in the national DNA index system and that administers and
operates the DNA identification system;

    B. "CODIS" means the federal bureau of investigation's national DNA index system
for storage and exchange of DNA records submitted by forensic DNA laboratories;

   C. "covered offender" means any person:

        (1)   convicted of a felony offense as an adult pursuant to state, federal or
military law;

      (2)    convicted as an adult pursuant to youthful offender or serious youthful
offender proceedings under the Children's Code [Chapter 32A NMSA 1978] or pursuant
to comparable or equivalent proceedings under state, federal or military law; or

      (3)   required to register as a sex offender pursuant to the provisions of the Sex
Offender Registration and Notification Act [Chapter 29, Article 11A NMSA 1978];

   D. "department" means the department of public safety;

   E. "DNA" means deoxyribonucleic acid as the basis of human heredity;

   F. "DNA identification system" means the DNA identification system established
pursuant to the DNA Identification Act;

   G. "DNA oversight committee" means the DNA identification system oversight
committee;

   H. "DNA records" means the results of DNA testing and related information;

   I. "DNA testing" means a forensic DNA analysis that includes restriction fragment
length polymorphism, polymerase chain reaction or other valid methods of DNA typing
performed to obtain identification characteristics of samples;

   J. "fund" means the DNA identification system fund;
   K. "missing persons DNA identification system" means the missing persons DNA
identification system established by the DNA Identification Act;

   L. "sample" means a sample of biological material sufficient for DNA testing; and

   M. "sex offender DNA identification system" means the sex offender DNA
identification system established by the DNA Identification Act.

History: Laws 1997, ch. 105, § 3; 2003, ch. 256, § 6; 2005, ch. 279, § 10; 2009, ch. 24,
§ 1; 2013, ch. 208, § 1.

                                    ANNOTATIONS

The 2013 amendment, effective July 1, 2013, clarified definitions; in Subsection A, after
"part of a", added "law enforcement agency crime laboratory that participates in the" and
after "index system", deleted "qualified New Mexico crime laboratory"; in Paragraph (2)
of Subsection C, after "Children’s Code", added "or pursuant to comparable or
equivalent proceedings under state, federal or military law" and after "military law; or"
deleted "a sex offender", and in Paragraph (3) of Subsection C, after "register", added
"as a sex offender".

The 2009 amendment, effective June 19, 2009, in Subsection A, added "part of a
national DNA index system qualified New Mexico crime laboratory" and deleted former
Subsection B, which defined "DNA oversight committee"; in Subsection C, deleted
"under the Criminal Code, the Motor Vehicle Code or the constitution of New Mexico"
and added "pursuant to state, federal, or military law"; and added Subsection G.

The 2005 amendment, effective July 1, 2005, defined "covered offender" in Subsection
D to include a sex offender who is required to register; and added Subsection M to
define "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, added present Subsection K and
redesignated former Subsection K as present Subsection L.