(a) A juvenile who is committed to TYC shall provide one or more blood samples or other specimens taken by or at the request of the commission for the purpose of creating a DNA record if the juvenile has not already provided the required specimen under other state law and if the juvenile is ordered by a juvenile court to give the sample or specimen or is committed to the commission for an adjudication as having engaged in delinquent conduct that violates:
(1) an offense:
- (A) under Penal Code, §19.02, (murder);
- (B) under Penal Code, §19.03, (capital murder);
- (C) under Penal Code, §22.02, (aggravated assault);
- (D) an offense under Penal Code, §30.02, (burglary), if the offense is punishable under subsection (c)(2) or (d) of that section; or
- (E) for which the juvenile is required to register as a sex offender under Code of Criminal Procedure, Chapter 62; or
(2) a penal law if the juvenile has previously been convicted of or adjudicated as having engaged in:
- (A) a violation of a penal law described in paragraph (1) of this subsection; or
- (B) a violation of a penal law under federal law or the laws of another state that involves the same conduct as a violation of a penal law described in paragraph (1) of this subsection.
- (b) A juvenile, who entered TYC before April 1, 2004, and who has not provided a specimen under this subchapter, is covered by the law previously in effect.
Source Note:The provisions of this §28.61 adopted to be effective February 7, 2005, 30 TexReg 407.