New Mexico Statutes

N.M. Stat. § 29-3-4 (2026)

State agencies; cooperation.

✓ current as of May 2026
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A. It is the duty of the university of New Mexico, the human services department,
[health care authority department] the department of health and all other state
departments, divisions, bureaus, boards, commissions, institutions and officials, free of
charge or reward, to cooperate with the law enforcement officers of the state and the
New Mexico state police, and to render to them such services and assistance relative to
microanalysis, handwriting, toxicology, chemistry, photography, medicine, ballistics and
all other sciences and matters relating to or that would aid in controlling crime and the
detection, apprehension, identification and prosecution of criminals.

    B. Beginning July 1, 2018 and through June 30, 2021, the department of public
safety forensic laboratories bureau shall assist a law enforcement agency crime
laboratory in a class A county with a population greater than six hundred thousand
according to the most recent federal decennial census by processing and testing sexual
assault examination kits that consist of one or more samples of biological material
collected pursuant to a medical examination of a sexual assault victim for that
laboratory. The bureau may charge a laboratory that the bureau assists as provided in
this subsection a fee of up to eight hundred dollars ($800) for each sexual assault
examination kit that the bureau processes and tests. Fees collected by the bureau in
accordance with this subsection shall be deposited in the sexual assault examination kit
fund.

  C. As used in this section, "biological material" means material that is derived from a
human body and includes bodily fluids, hair and skin cells.

History: Laws 1935, ch. 149, § 7; 1941 Comp., § 40-304; 1953 Comp., § 39-3-4; Laws
1977, ch. 257, § 46; 1978, ch. 3, § 1; 1979, ch. 202, § 39; 2017, ch. 98, § 1.

                                     ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not
part of the law. Laws 2023, ch. 205, § 16 provided that references to the human
services department shall be deemed to be references to the health care authority
department.

The 2017 amendment, effective June 16, 2017, required the department of public
safety forensic laboratories bureau to assist certain local law enforcement crime
laboratories for a three year period with testing samples of biological material collected
pursuant to a medical examination of a sexual assault victim, allowed the bureau to
charge a fee for assisting in testing samples of biological material, and defined
"biological material" for purposes of this section; added the subsection designation "A.";
in Subsection A, after "It", deleted "shall be" and added "is", after "human services
department, the", added "department of" and after "health", deleted "and environment
department", and after "departments", added "divisions"; and added Subsections B and
C.

29-3-5 to 29-3-7. Repealed.
                                     ANNOTATIONS

Repeals. — Laws 1979, ch. 202, § 53 repealed 29-3-5 to 29-3-7 NMSA 1978, as
enacted by Laws 1935, Ch. 149, §§ 8, 9, & 10, relating to supplies, quarters and reports
of the technical services bureau of the criminal justice support division, criminal justice
department, effective July 1, 1979.
Notes of Decisions
Cited in 1 case, 2011–2011 · leading case: Bullcoming v. New Mexico, 180 L. Ed. 2d 610 (2011).
Bullcoming v. New Mexico, 180 L. Ed. 2d 610 (2011). “665 ] a law-enforcement officer provided seized evidence to a state laboratory required by law to assist in police investigations, N.M. Stat. Ann. § 29-3-4 (2004). Like the analysts in Melendez-Diaz, analyst Caylor tested the evidence and prepared a certificate concerning the…”
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