A. The "DNA identification system fund" is created in the state treasury. The fund shall consist of all money received by appropriation, gift or grant, all DNA fees collected pursuant to Section 29-16-11 NMSA 1978 and all investment income from the fund.

B. Money and investment income in the fund at the end of any fiscal year shall not revert to the general fund but shall remain in the fund. Money and investment income in the fund is appropriated to the administrative center for expenditure in fiscal year 1998 and subsequent fiscal years for the purposes provided in this section.

C. The fund shall be used to implement the purposes of the DNA Identification Act, including paying the expenses incurred by the administrative center and all other reasonable expenses. Money in the fund may be used for loans or grants of money, equipment or personnel to any law enforcement agency, correctional facility, jail, detention facility, judicial agency, the public defender department or the office of the medical investigator, upon approval of the DNA oversight committee.

History: Laws 1997, ch. 105, § 13; 2006, ch. 104, § 9; 2013, ch. 208, § 5.

The 2013 amendment, effective July 1, 2013, made grammatical changes; in the title, after "DNA", added "identification system" and after "purposes", deleted "procedure; accounting"; in Subsection A, after "gift or grant, all" deleted "money" and added "DNA fees"; in Subsection B, after "for the purposes", deleted "of the fund" and added "provided in this section"; and in Subsection C, in the first sentence, after "shall be used", deleted "for" and added "to implement", in the second sentence, deleted "The administrative center may use", and in the second sentence, after "Money in the fund", added "may be used" and after "medical investigator, upon", deleted "recommendation" and added "approval".

The 2006 amendment, effective January 1, 2007, changed "Section 11 of the DNA Identification Act" to "Section 29-16-11 NMSA 1978" in Subsection B; and added "jail, detention facility" in Subsection E.

Severability. — Laws 2006, ch. 104, § 11, effective January 1, 2007, provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.