New Mexico HB 340: DNA OF CERTAIN OFFENDERS IN CODIS

Bill Text

HB 340/a
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AN ACT
RELATING TO DNA IDENTIFICATION; PROVIDING PROCEDURES FOR THE
DNA OF A PERSON ARRESTED FOR A FELONY BUT WHO DIES BEFORE
BEING CHARGED TO BE ENTERED INTO CODIS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the DNA Identification Act
is enacted to read:
"ENTERING DNA INTO CODIS AFTER DEATH.--The
administrative center shall enter the DNA of a person
collected pursuant to Section 29-3-10 NMSA 1978 into CODIS
upon the death of the person if the person dies before being
charged with a felony; provided that, if:
A. the person was not incarcerated at the time of
death, the DNA shall be entered only upon a motion by the
district attorney and an order from the court with
jurisdiction over the felony had charges been filed; and
B. the person was incarcerated at the time of
death or had been released prior to July 1, 1997, the DNA
shall be entered automatically."