We have not been requiring felony defendants placed on deferred adjudication for non-sex offenses to submit a DNA sample under CCP Art. 42.12 Sec. 11(j) because of the use of the word "convicted" in that section. In trying to make sure that she is assessing court costs correctly, our district clerk has found that every other clerk she spoke with is assessing the related court cost in Art. 102.020(a)(3) for these cases because they are also requiring a DNA sample from these offenders. I think the argument for that position is that "convicted" in CCP Art. 102.020 (the court cost section) and Govt Code chapter 411(setting up the DNA database) include deferred within their respective definitions of "convicted" and that this definition somehow carries over into Art. 42.12.

Are other counties requiring DNA samples under Art. 42.12 Sec. 11(j) from their non-sex offense felony deferred offenders?