HOUSE BILL 340

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Yanira Gurrola and Charlotte Little and Eleanor Chávez

and Joy Garratt and Patricia Roybal Caballero

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:

     "[NEW MATERIAL] 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 in prison 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 in prison at the time of death or had been released prior to July 1, 1997, the DNA shall be entered automatically."

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