Texas Code of Criminal Procedure

§ 62.355 — WAIVER OF HEARING

CR § 62.355Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 62. SEX OFFENDER REGISTRATION PROGRAM · Art. H. EXEMPTIONS FROM REGISTRATION FOR CERTAIN JUVENILES

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(a)The prosecuting attorney may waive the state's right to a hearing under this subchapter and agree that registration under this chapter is not required. A waiver under this subsection must state whether the waiver is entered under a plea agreement.

(b)If the waiver is entered under a plea agreement, the court, without a hearing, shall:

(1)enter an order exempting the respondent from registration under this chapter; or

(2)under Section 54.03(j), Family Code, inform the respondent that the court believes a hearing under this article is required and give the respondent the opportunity to:

(A)withdraw the respondent's plea of guilty, nolo contendere, or true; or

(B)affirm the respondent's plea and participate in the hearing.

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