The bill introduces a new provision to the DNA Identification Act in New Mexico, allowing for the DNA of individuals who are arrested for a felony but die before being formally charged to be entered into the Combined DNA Index System (CODIS). This provision stipulates that if the individual was not incarcerated at the time of death, the DNA can only be entered into CODIS upon a motion from the district attorney and a court order. Conversely, if the individual was incarcerated 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 enhance the efficiency of DNA identification processes in cases where individuals die before facing charges, thereby potentially aiding in ongoing investigations and ensuring that relevant DNA evidence is preserved. The bill outlines specific conditions under which DNA entry into CODIS is permitted, balancing the need for law enforcement access to DNA data with legal safeguards regarding the circumstances of the individual's death.