A. Searches of samples collected pursuant to the DNA Identification Act, for purposes of the missing persons DNA identification system, shall be limited to searches against DNA indexes consisting of:

Terms Used In New Mexico Statutes 29-16-8.1

  • Felony: A crime carrying a penalty of more than a year in prison.

(1)     unidentified persons;

(2)     unidentified human remains;

(3)     relatives of, or known reference samples from, missing persons; (4)     covered offenders as defined by the DNA Identification Act and maintained by the DNA identification system; and

(5)     persons arrested for the commission of a felony as provided in Section 1 of this 2006 act [29-3-10 NMSA 1978].

B. Searches of samples collected from unidentified persons or relatives of missing persons pursuant to the DNA Identification Act shall not be performed against DNA indexes consisting of evidentiary samples resulting from criminal investigations.