An inmate of the institutional division or other penal institution shall provide one or more blood samples or other specimens taken by or at the request of the institutional division for the purpose of creating a DNA record if the inmate is ordered by a court to give the sample or specimen or is serving a sentence for:

1. (1) an offense under one or more of the following Texas Penal Code provisions:

   1. (A) §21.11 (indecency with a child);
   2. (B) §22.011 (sexual assault);
   3. (C) §22.021 (aggravated sexual assault);
   4. (D) §22.04(a)(4) (aggravated kidnapping), if the defendant committed the offense with intent to violate or abuse the victim sexually; or
   5. (E) §30.02 (burglary), if the offense is punishable under subsection (d) of that section and the defendant committed the offense with intent to commit a felony listed in subparagraph (A), (B), (C), or (D) of this paragraph; or

2. (2) any offense if the inmate has previously been convicted of:

   1. (A) an offense described by paragraph (1) of this section; or
   2. (B) an offense under federal law or laws of another state that involves the same conduct as an offense described by paragraph (1) of this section.

Source Note:The provisions of this §28.41 adopted to be effective June 27, 1996, 21 TexReg 5748.