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NEW MEXICO STATUTES AND CODES

Section 30-9-19 - Sexual assault; submission of DNA samples by law enforcement and laboratories.

30-9-19. Sexual assault; submission of DNA samples by law enforcement and laboratories.

A.     Samples from biological material collected pursuant to a medical examination of a sexual assault victim shall be submitted by the investigating law enforcement agency to that agency's servicing laboratory for DNA testing.  Records derived from DNA testing that qualify for insertion into CODIS shall be submitted by the servicing laboratory to the administrative center.  

B.     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 [29-16-1 NMSA 1978]; 

(2)     "biological material" means material that is derived from a human body and includes bodily fluids, hair and skin cells; 

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

(4)     "DNA" means deoxyribonucleic acid; 

(5)     "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; and 

(6)     "sample" means a sample of biological material sufficient for DNA testing.  

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