This subchapter applies to an eligible individual described
in this section, including an individual who is:
(1) indicted or waives indictment for a felony prohibited
or punishable under Penal Code:
(A) §20.04(a)(4) (aggravated kidnapping with intent
to cause bodily injury or violate or abuse sexually);
(B) §21.11 (indecency with child);
(C) §22.011 (sexual assault);
(D) §22.021 (aggravated sexual assault);
(E) §25.02 (prohibited sexual conduct or 'incest');
(F) §30.02(d) (burglary of a habitation committing,
attempting, or with intent to commit a non-theft felony);
(G) §43.05 (compelling prostitution);
(H) §43.25 (sexual performance by child);
(I) §43.26 (possession or promotion of child pornography);
(J) §21.02 (continuous sexual abuse of young child
or children); or
(K) §20A.03 (continuous trafficking of persons);
(2) 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:
(A) described by paragraph (1) of this section; or
(B) punishable under Penal Code, §30.02(c)(2)
(burglary of a habitation);
(3) convicted of a misdemeanor or any higher category
of offense under a Penal Code:
(A) described by paragraph (1) of this section, except
for an offense punishable as a Class A misdemeanor under Penal Code:
(i) §20.02 (unlawful restraint);
(ii) §22.01 (assault); or
(iii) §22.05 (deadly conduct).
(B) §21.08 (indecent exposure);
(C) §25.04 (enticing a child);
(D) §43.02(b) (prostitution-based on the payment
of a fee by the actor or another person on behalf of the actor);
(E) §43.03 (promotion of prostitution); or
(F) §43.24 (sale, distribution, or display of
harmful material to minor);
(4) released on bail or bond under Code of Criminal
Procedure, Article 17.47;
(5) required to register under Chapter 62, Code of
Criminal Procedure, who is not otherwise required to provide a standard
sample; or
(6) described by paragraph (1) or (3) of this section
and who voluntarily provides a sample to create a DNA record under
this subchapter.
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