I have a situation where a couple of tjcp attorneys and my chief probation officer do not think 54.0405(a)(2)(B) & subsection (b) requires submission of a blood sample IF the juvenile is excused from registering as a sex offender. I would like to agree in that it gives us more flexibilty dealing with pure pedators vs. children not as dangerous. However, my interpretation does not jive with theirs. I read this statute to require a blood sample if adjudicated of an offense which requires registration regardless if the juvenile is excused from registration. In re D.L.C. 124 s.w.3d 354 touches on this but I'm in the Corpus Christi region not Fort Worth. How does anyone else read this?

I read the statute like and agree with the Ft. Worth Court (you might also look at the legislative history): The giving of the DNA sample does not rely on whether the juvi is actually required to/excused from/deferred from registration or not, but whether the juvi is adjudicated for a registration offense. To remove all doubt, I make (or used to make) the giving of the sample a condition of the probation, if probation was ordered. Personally, I think the DNA database is a far more useful tool to law enforcement and the protection of the public than registration.

Last time I discussed this with TJPC, I thought they agreed with the Ft. Worth Court

Thanks Stacey. I'm not sure what is going on with TJPC either. Anyone reading this post ever excused the dna sample? To my knowledge there is no statute which allows a juvenile to move to excuse.