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Committee advances bill to allow DNA entry into CODIS for certain deceased or long‑incarcerated suspects
Summary
The committee gave House Bill 340 a do‑pass after testimony from law enforcement that the measure would close a statutory gap that can prevent DNA collected from deceased suspects or people incarcerated before 1997 from being entered into the combined DNA index system (CODIS).
Representative Baker introduced House Bill 340 and described it as closing two gaps: allowing judges to order entry of DNA into the Combined DNA Index System (CODIS) when a suspect dies before being charged, and permitting automatic entry of DNA for people who died in prison or were incarcerated before July 1997 if the DNA was collected lawfully. Representative Baker said the goal is to help law enforcement solve cold cases and provide closure to victims’ families.
Troy Weiser, Chief of the New Mexico State Police, testified in support and described the bill as a tool for cold‑case investigators. Chief Weiser said his agency has overseen cold cases and supports the measure because it can permit DNA evidence already collected to be entered into CODIS in circumstances where current triggers (for example, a preliminary hearing) are not met due to the suspect’s death or long incarceration.
Committee members asked procedural and substantive questions: several members sought clarification why samples collected before 1997 are treated differently and whether the bill lowers standards for retaining DNA. Supporters said the bill is not a general lowering of standards but is intended to address specific statutory timing and retention rules that can prevent entry of lawfully collected samples from being uploaded sooner.
Senators and members pressed for the legal mechanics, asking why the drafters created a stand‑alone section rather than amending the existing statute (29‑3‑10); Representative Baker answered that drafters prepared the stand‑alone text to close two specific loose ends. The chief explained the classic trigger scenario: DNA is collected after an arrest, but the suspect dies before a preliminary hearing that would have allowed automatic entry; this bill would allow entry in those circumstances.
Committee members generally expressed support for the goal of solving cold cases; after discussion the committee voted to report the bill with a do‑pass recommendation. The chair announced the do‑pass: “Is there any objection to the due pass motion on house bill 340 as amended? Seeing none, you have due pass.”
Ending: The committee advanced House Bill 340 as amended to the next stage with a do‑pass recommendation; sponsors and law enforcement said it is intended to close a narrow statutory gap to help investigators and families of victims.
