Santa Fe, N.M. – Legislation that could help solve cold cases in New Mexico is now headed to the House Floor after passing the House Judiciary Committee unanimously today.

House Bill 340 would allow the DNA of deceased individuals who were arrested for a felony, but passed away before being charged, to be entered into the federal CODIS (Combined DNA Index System) database. The individual's DNA could then be reviewed to see if it is a match on any unsolved cases.

This legislation comes on the heels of the 16th anniversary of Albuquerque's West Mesa Murders. On February 2, 2009, the bodies of 11 young women were discovered buried on the city's west mesa. The case remains open and unsolved. Supporters of HB 340 are hopeful that this new policy may resolve this and other cases of murder and disappearance.

"Sixteen years ago, the West Mesa Murders rocked communities across Albuquerque and throughout New Mexico. Today, we took an important step to hopefully bring closure to the victims' families," said lead sponsor Representative Yanira Gurrola (D-Albuquerque). "In addition to helping families find answers, this bill would allow law enforcement to free up resources to solve other crimes."
HB 340 would allow DNA to automatically be entered into the system for individuals in prison at their time of death, or who were released before July 1, 1997, when the DNA Identification Act took effect. For those not in prison at their time of death, DNA entry would require a motion from the district attorney and an order from the court that would have had jurisdiction over the felony if charges had been filed.

Under current law, all those over 18 who are arrested must provide a DNA sample upon booking at a jail or detention facility. This data is only entered into CODIS if the arrest was made for a felony warrant, a judge found probable cause for the arrest, or the defendant failed to appear for a hearing after being released on bond. HB 340 would clarify procedures for cases in which the defendant dies after DNA is collected but before they are charged.

House Bill 340 has a total of 22 sponsors, led by lawmakers from Albuquerque's west side, includingRepresentatives Gurrola, Charlotte Little, Eleanor Chávez, Joy Garratt, and Patricia Roybal Caballero.

This session, House and Senate Democrats are working together to improve community safety by reducing gun violence, deterring violent crime, and making record investments in behavioral health and substance use treatment programs to give New Mexicans the help they need when they need it.

A robust public safety package, House Bill 8, and bills to expand and transform access behavioral healthcare across the state, Senate Bill 1 and Senate Bill 3, have already been signed into New Mexico law. The House has also passed House Bill 12 to make it easier for law enforcement to use the state's red flag law to temporarily remove firearms from people who may be a danger to themselves or others.

House Bill 255, which would expand programs for at-risk youth and enhance accountability for certain juvenile offenders to better prevent and address juvenile crime, is headed to the House Floor along with HB 340.

This year's state budget, House Bill 2, also continues the legislature's strong support of law enforcement, with considerable emphasis on collaboration between law enforcement and behavioral healthcare providers. The budget includes:

$10 million to building the capacity of local law enforcement agencies
$4 million to law enforcement recruitment and retention
Significant funding for state police raises, vehicles, equipment, and repairs

Members of the public are welcome to attend floor sessions and committee meetings at the New Mexico Roundhouse, and can tune in virtually through the New Mexico Legislature's Webcasts tab. Public comment can also be provided in-person, and via phone or Zoom as directed on the daily schedule.