NM
New Mexico House Bill HB340

New Mexico 2025 Regular Session

New Mexico House Bill HB340 Compare Versions

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1-HB 340/a
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2+[bracketed material] = delete
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28+HOUSE BILL 340
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
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41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Yanira Gurrola and Charlotte Little and Eleanor Chávez
48+and Joy Garratt and Patricia Roybal Caballero
2849 AN ACT
2950 RELATING TO DNA IDENTIFICATION; PROVIDING PROCEDURES FOR THE
30-DNA OF A PERSON ARRESTED FOR A FELONY BUT WHO DIES BEFORE
31-BEING CHARGED TO BE ENTERED INTO CODIS.
51+DNA OF A PERSON ARRESTED FOR A FELONY BUT WHO DIES BEFORE BEING
52+CHARGED TO BE ENTERED INTO CODIS.
3253 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
33-SECTION 1. A new section of the DNA Identification Act
34-is enacted to read:
35-"ENTERING DNA INTO CODIS AFTER DEATH.--The
36-administrative center shall enter the DNA of a person
37-collected pursuant to Section 29-3-10 NMSA 1978 into CODIS
38-upon the death of the person if the person dies before being
39-charged with a felony; provided that, if:
40-A. the person was not incarcerated at the time of
54+SECTION 1. A new section of the DNA Identification Act is
55+enacted to read:
56+"[NEW MATERIAL] ENTERING DNA INTO CODIS AFTER DEATH.--The
57+administrative center shall enter the DNA of a person collected
58+pursuant to Section 29-3-10 NMSA 1978 into CODIS upon the death
59+of the person if the person dies before being charged with a
60+felony; provided that, if:
61+A. the person was not in prison at the time of
4162 death, the DNA shall be entered only upon a motion by the
42-district attorney and an order from the court with
43-jurisdiction over the felony had charges been filed; and
44-B. the person was incarcerated at the time of
45-death or had been released prior to July 1, 1997, the DNA
46-shall be entered automatically."
63+district attorney and an order from the court with jurisdiction
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91+over the felony had charges been filed; and
92+B. the person was in prison at the time of death or
93+had been released prior to July 1, 1997, the DNA shall be
94+entered automatically."
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