37 Tex. Admin. Code § 28.123

Current through Reg. 49, No. 50; December 13, 2024

Section 28.123 - Eligible Individual

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.

37 Tex. Admin. Code § 28.123

The provisions of this §28.123 adopted to be effective June 1, 2010, 35 TexReg 4437; Amended by Texas Register, Volume 42, Number 49, December 8, 2017, TexReg 6943, eff. 12/11/2017