Gov. Susana Martinez, center, with Jayann Sepich and Sen. Vernon Asbill after the expansion to Katie's Law passed the Legislature tonight. (Courtesy photo)
Gov. Susana Martinez will sign a bill approved by lawmakers tonight that would expand Katie’s Law to require a DNA sample from anyone arrested for a felony crime in New Mexico.
The compromise bill, approved following a conference committee between House and Senate members, was called “the strongest Katie’s Law in the country with the exception of California” by Jayann Sepich, the mother of the murdered NMSU student for whom the law is named.
Under the compromise bill, the DNA collected from those arrested for any felony crime would be inputted into the DNA database only if a judge finds probable cause for the arrest at the defendant’s first hearing in court or if the defendant bonds out beforehand and fails to appear at such a hearing.
“This is a victory for anyone who wants to make New Mexico’s communities safer for our children and families,” Martinez said in a news release. “Katie’s Law has gotten real results, but now we can do even more. This legislation gives our law enforcement community even greater tools to catch criminals, prevent crimes, and provide justice for victims and their families.”
Jayann Sepich also praised the bill, saying she and her husband “know that collecting DNA samples from those arrested for all felonies will mean more crimes solved, more crimes prevented, and more lives saved.”
A provision originally approved by the Senate that would have expunged some arrest records for people not convicted of crimes was removed from the final bill. The governor had said she wouldn’t sign the bill if it was sent to her with that provision included.
The bill was sponsored by Sen. Vernon Asbill, R-Carlsbad, and Rep. Al Park, D-Albuquerque.
Katie’s Law was first enacted in New Mexico 2006, nearly three years after Katie Sepich was raped and murdered. Though her murderer left behind traces of DNA under Katie’s fingernails, New Mexico did not at the time allow for DNA to be collected upon arrest.
The 2006 law allowed collection of DNA in cases of certain felony charges. The new bill expands it to all felonies.
You can find the bill here.