New Mexico

• HB 340 (2025, passed) – DNA of Certain Offenders in CODIS. Adds a new section to the DNA Identification Act closing a gap created by NMSA §29-3-10, New Mexico’s felony-arrestee collection statute: a booking sample there may not be analyzed and must be destroyed unless the arrest was on a felony warrant, a judge or magistrate found probable cause, or the defendant posted bond and then failed to appear — so an arrestee who died before charging left a collected sample that could never be uploaded. HB 340 directs the administrative center to enter such a person’s DNA into CODIS upon death, on two tracks: automatically if the person was incarcerated at the time of death or had been released before July 1, 1997; and only on motion of the district attorney and an order of the court that would have had jurisdiction over the felony if the person was not incarcerated when they died. Practical effect is to preserve cold-case and unidentified-remains investigative value in cases where the suspect dies pre-charge, while keeping judicial oversight over the non-custodial category.
• SB 41 (2026, passed) – Statute of Limitations for Certain Sex Crimes. Amends NMSA §30-1-8 to make second degree criminal sexual penetration (§30-9-11) and second degree criminal sexual contact of a minor (§30-9-13) prosecutable at any time, joining capital felonies, first degree violent felonies, and second degree murder. Third and fourth degree offenses keep their five-year limit, with §30-1-9.1 tolling until a child victim turns 18 or reports, and §30-1-9.2 tolling third/fourth degree CSP until an unmatched DNA profile is matched to a suspect — the DNA-relevant provision, now confined to lower-degree offenses since second degree CSP has no limitation at all.

Arrestees: Yes. All felonies. Probable cause required before analysis, not before collection.

Qualifying Crimes: Any felony arrest, persons 18 and over (§29-3-10(A)). No sample required if one is already in the administrative center’s possession, unexpunged, and sufficient for testing.

Time of Collection: Taken at booking by jail or detention personnel and forwarded immediately to the administrative center — collection itself requires no judicial predicate. The sample may not be analyzed and must be destroyed unless one of three conditions is met (§29-3-10(B)): the arrest was made on a felony arrest warrant; a judge or magistrate found probable cause for the arrest; or the defendant posted bond or was released before appearing and then failed to appear at a scheduled hearing. Note the third gate permits analysis with no probable cause determination ever made. Destruction is mandatory and self-executing, not request-based.

Expungement: By written request to the administrative center on either ground — (1) the conviction that led to inclusion was reversed, or (2) the arrest that led to inclusion produced a felony charge resolved by dismissal, nolle prosequi, successful pre-prosecution diversion, conditional discharge, misdemeanor conviction, or acquittal, or produced no felony charge within one year. Must be accompanied by a certified copy of the reversing court order or of the qualifying disposition, or a sworn affidavit that no felony charges were filed within one year. Barred if the person has a prior felony conviction or pending felony charge for which collection is authorized. Records are also purged from CODIS. Separately, §29-16-10.1 allows written request to expunge from the missing persons DNA identification system, with a certified copy of any court order overturning the warrant or order that led to inclusion. No statutory deadline for the center to act and no notice requirement to the requester — weaker than Nevada (6 weeks) or Iowa’s proposed automatic 30-day purge.

Convicted Offenders: Yes.

Qualifying Crimes: Felony convictions as an adult (including through youthful offender or serious youthful offender proceedings), and sex offenses requiring registration as a sex offender.

Time of Collection: Where no sample was collected at arrest, collection occurs before release.

Expungement: By written request, with a certified copy of the court order reversing the conviction that placed the sample in the system. A person may likewise seek expungement from the missing persons DNA identification system by written request, providing (if applicable) a certified copy of a court order overturning the original search warrant or order that led to inclusion.

Statutes / Case Law

N. M. S. A. 1978, § 29-16-3. Definitions

§ 2 9 – 1 6 – 6. Collection of Samples

§ 2 9 – 3 – 1 0. DNA Collection from Persons Arrested

§ 29-16-10. EXPUNGEMENT OF SAMPLES AND DNA RECORDS FROM THE DNA IDENTIFICATION SYSTEM AND CODIS

§ 29-16-10.1. EXPUNGEMENT OF SAMPLES AND DNA RECORDS

Legislative History

• SB 114 (43rd Legislature, 1st Session, 1997) → Laws 1997, ch. 105, operative July 1, 1997. Enacted the DNA Identification Act in its entirety. Provided for collection of DNA samples from convicted felons, assessed a fee, created a fund, provided a penalty, and made an appropriation. The July 1, 1997 date is carried throughout the original collection mandate and is referenced in later acts as the Act’s operative start.
• SB 157 (46th Legislature, 1st Session, 2003) → Laws 2003, ch. 256. Amended and enacted sections of the DNA Identification Act to provide for DNA identification of missing persons, unidentified persons, and unidentified human remains. This is the origin of the missing persons DNA identification system, comprising separate indexes for unidentified persons, unidentified human remains, and relatives of or known reference samples from missing persons — a structure later reflected in the Act’s purpose section.
• HB 165 (2005) → Laws 2005, ch. 279. A sex offender registration act that revised definitions, added offenses to the registration requirements, lengthened registration periods for certain offenders, expanded notification and registration information, and preempted local sex offender registration and notification. For DNA purposes it required DNA samples from registrants and established the Sex Offender DNA Identification System, tying collection to the registration process.
• SB 216 (2006) → Laws 2006, ch. 104, effective January 1, 2007. The major expansion to pre-conviction collection. Enacted a new section of Chapter 29, Article 3 — codified at § 29-3-10 — requiring any person eighteen years of age or over arrested for a qualifying felony to provide a DNA sample to jail or detention facility personnel upon booking, with no sample required if one is already held by the administrative center, unexpunged, and sufficient for testing. Facility personnel forward samples to the administrative center, collection follows rules adopted by the DNA oversight committee, and samples are subject to the Act’s confidentiality and penalty provisions. The act also amended the Act’s purpose section at § 29-16-2 and required submission of DNA samples collected during medical examinations of sexual assault victims.
• HB 340 (2025). Enacted a new section of the DNA Identification Act, “Entering DNA into CODIS after death,” addressing a person arrested for a felony who dies before being charged. Where the person was not incarcerated at death, the administrative center may enter the DNA into CODIS only on motion of the district attorney and an order from the court that would have had jurisdiction over the felony. Where the person was incarcerated at death, or had been released prior to July 1, 1997, entry is automatic.

• No law but there seems to be a casework/evidence program. Several NM local jurisdictions are using Rapid DNA outside of law with local databases.
• NM AG urging Governor to place Rapid DNA on upcoming legislative agenda.

• No program or law identified.

• No program or law identified.

No program or law identified.