A. When DNA evidence is available and a suspect has not been identified, the applicable time period for commencing a prosecution pursuant to Section 30-1-8 NMSA 1978 shall not commence to run for an alleged violation of Section 30-9-11 NMSA 1978 until a DNA profile is matched with a suspect. B. As used in this section, "DNA" means deoxyribonucleic acid." History: Laws 2003, ch. 257, § 1. Effective dates. — Laws 2003, ch. 257, § 3 made the act effective on July 1, 2003. Applicability. — Laws 2003, ch. 257, § 2 provided that the provisions of Laws 2003, ch. 257, § 1 apply to an alleged violation of Section 30-9-11 NMSA 1978 for which the applicable time period for commencing a prosecution as provided in Section 30-1-8 NMSA 1978 had not expired as of July 1, 2003. Section does not apply retroactively. — Generally, a statute is applied prospectively unless the legislature has made clear its intention to apply it retroactively. This section does not indicate whether the legislature intended the statute to apply to crimes committed before its effective date, and therefore it may be presumed that the legislature intended this section to operate prospectively. This intent is reflected in the express language of the applicability provision which states that the provisions of this act are applicable to an alleged violation of 30-9-11 NMSA 1978, for which the applicable time period for commencing a prosecution, as provided in 30-1-8 NMSA 1978, had not expired as of July 1, 2003. Retroactive Application of Criminal Statute (4/27/17), Att'y Gen. Adv. Ltr. 2017-04.
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