This subchapter applies to an eligible individual described in this section, including an individual who is:

1. (1) indicted for a felony prohibited or punishable under Penal Code:

   1. (A) §20.04(a)(4) (aggravated kidnapping with intent to cause bodily injury or violate or abuse sexually);
   2. (B) §21.11 (indecency with child);
   3. (C) §22.011 (sexual assault);
   4. (D) §22.021 (aggravated sexual assault);
   5. (E) §25.02 (prohibited sexual conduct or 'incest');
   6. (F) §30.02(d) (burglary of a habitation committing, attempting, or with intent to commit a non-theft felony);
   7. (G) §43.05 (compelling prostitution);
   8. (H) §43.25 (sexual performance by child); or
   9. (I) §43.26 (possession or promotion of child pornography);
2. (2) charged by information after waiving indictment for a felony described by paragraph (1) of this section;

3. (3) arrested for a felony described by paragraph (1) of this section after having been previously convicted of or placed on deferred adjudication for a felony:

   1. (A) described by paragraph (1) of this section; or
   2. (B) punishable under Penal Code, §30.02(c)(2) (burglary of a habitation);

4. (4) convicted of a misdemeanor offense under Penal Code:

   1. (A) §21.07 (public lewdness); or
   2. (B) §21.08 (indecent exposure);
5. (5) released on bail or bond under Code of Criminal Procedure, Article 17.47;
6. (6) required to register under Chapter 62, Code of Criminal Procedure, who is not otherwise required to provide a standard sample; or
7. (7) described by paragraph (1), (2), or (4) of this section and who voluntarily provides a sample to create a DNA record under this subchapter.

Source Note:The provisions of this §28.123 adopted to be effective June 1, 2010, 35 TexReg 4437.