Administering Entity
Albuquerque Police Department
New Mexico Department of Public Safety
Arrestees: Yes. All felonies. Not Rapid Booking Station, probable cause/charges issue.
Qualifying Crimes: Any felony arrest. 2025 update: H.B. 340 (signed April 7, 2025; ch. 42) authorizes entry into CODIS of DNA from persons arrested for a felony who die before charges are filed.
Time of Collection: Taken at booking, though it may not be forwarded for analysis until after judicial finding of probable cause.
Expungement: By written request where the arrest that put the sample in the system (a) produced a felony charge later resolved by dismissal, nolle prosequi, successful completion of a pre-prosecution diversion program, conditional discharge, misdemeanor conviction, or acquittal; or (b) produced no felony charge within one year of the arrest. Written request should include a certified copy of the dismissal, nolle prosequi, successful completion of a pre-prosecution diversion program or a conditional discharge, misdemeanor conviction or acquittal; or a sworn affidavit that no felony charges arising out of the arrest have been filed within one year. A person may also request expungement of his sample and DNA records from the missing persons DNA identification system by written request. Such person much provide, if applicable, a certified copy of a court order that overturns the original search warrant or court order that led to the inclusion of his sample and DNA records in the missing persons DNA identification system. The administrative center shall not expunge a person’s sample and DNA records from the DNA identification system if the person has a prior felony conviction or a pending felony charge for which collection of a sample is authorized pursuant to the provisions of the DNA Identification Act.
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
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
1.M. S. A. 1978, § 29-16-3 Definitions
29-16-6. Collection of samples
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.