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 incarcerated 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 incarcerated at the time of death or had been released prior to July 1, 1997, the DNA shall be entered automatically.