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.

Source Note: The provisions of this §28.123 adopted to be effective June 1, 2010, 35 TexReg 4437; amended to be effective December 11, 2017, 42 TexReg 6943