Sec. 54.0409. DNA SAMPLE REQUIRED ON CERTAIN FELONY ADJUDICATIONS.
Text of subsection effective until January 01, 2017
(a) This section applies only to conduct constituting the commission of a felony:
(1) that is listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; or
(2) for which it is shown that a deadly weapon, as defined by Section 1.07, Penal Code, was used or exhibited during the commission of the conduct or during immediate flight from the commission of the conduct.
Text of subsection effective on January 01, 2017
(a) This section applies only to conduct constituting the commission of a felony:
(1) that is listed in Article 42A.054(a), Code of Criminal Procedure; or
(2) for which it is shown that a deadly weapon, as defined by Section 1.07, Penal Code, was used or exhibited during the commission of the conduct or during immediate flight from the commission of the conduct.
(b) If a court or jury makes a disposition under Section 54.04 in which a child is adjudicated as having engaged in conduct constituting the commission of a felony to which this section applies and the child is placed on probation, the court shall require as a condition of probation that the child provide a DNA sample under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the child, unless the child has already submitted the required sample under other state law.
Added by Acts 2009, 81st Leg., R.S., Ch. 1209 (S.B. 727), Sec. 3, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.32, eff. January 1, 2017.
Section: Previous 54.04012 54.04013 54.0404 54.0405 54.0406 54.0407 54.0408 54.0409 54.041 54.0411 54.042 54.043 54.044 54.045 54.046 NextLast modified: September 28, 2016