Texas Code of Criminal Procedure

§ 62.351 — MOTION AND HEARING GENERALLY

CR § 62.351Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 62. SEX OFFENDER REGISTRATION PROGRAM · Art. H. EXEMPTIONS FROM REGISTRATION FOR CERTAIN JUVENILES

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(a)During or after disposition of a case under Section 54.04, Family Code, for adjudication of an offense for which registration is required under this chapter, the juvenile court on motion of the respondent shall conduct a hearing to determine whether the interests of the public require registration under this chapter. The motion may be filed and the hearing held regardless of whether the respondent is under 18 years of age. Notice of the motion and hearing shall be provided to the prosecuting attorney.

(b)The hearing is without a jury and the burden of persuasion is on the respondent to show by a preponderance of evidence that the criteria of Article 62.352(a) have been met. The court at the hearing may make its determination based on:

(1)the receipt of exhibits;

(2)the testimony of witnesses;

(3)representations of counsel for the parties; or

(4)the contents of a social history report prepared by the juvenile probation department that may include the results of testing and examination of the respondent by a psychologist, psychiatrist, or counselor.

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