Committee backs memorial to study sexual-assault evidence kit backlog and testing process

Senator Lopez introduced Senate Memorial 17 asking the Department of Public Safety and the New Mexico Coalition of Sexual Assault Programs to study the state's handling of forensic evidence kits collected in sexual-assault examinations, including testing timeliness and capacity.

Alexandria Taylor, executive director of the New Mexico Coalition of Sexual Assault Programs, summarized the history: a 2016 state audit identified more than 5,000 untested kits and the 2016 task force and subsequent federal and state funding increased capacity. Taylor said the state's 2019 survivor's bill of rights established a 180-day testing standard. "That bill of right establishes that kits should be tested within 180 days," she said. Taylor and other witnesses told the committee that, despite prior efforts, a new backlog has formed and that testing timeliness needs renewed attention.

Committee members pressed about current backlog numbers, laboratory capacity and penalties. Taylor cited the Department of Public Safety's figures showing roughly 1,419 kits currently not meeting the 180-day target. Panel members asked whether local or private labs could be used to expand capacity; witnesses said those questions are among the issues the task force should examine. The committee also heard that tracking barcodes are on every kit, allowing DPS to see where kits are located, but that there is presently no statutory consequence if the 180-day standard is missed.

The committee gave Memorial 17 a do-pass recommendation and it will move to the full Senate for consideration.