The bill introduces a new provision to the DNA Identification Act that mandates the entry of DNA into the Combined DNA Index System (CODIS) for individuals who are arrested for a felony but die before being formally charged. Specifically, it stipulates that if the individual was not incarcerated at the time of death, the DNA can only be entered into CODIS following a motion from the district attorney and a court order. Conversely, if the individual was in prison at the time of death or had been released prior to July 1, 1997, their DNA will be entered automatically.
This legislative change aims to ensure that DNA evidence is preserved and accessible for law enforcement purposes, even in cases where the individual has not been charged due to their untimely death. The bill reflects a balance between the need for public safety and the rights of individuals who have not yet been convicted of a crime.