Tex. Code Crim. Proc. art. 62.351 · Subchapter H. EXEMPTIONS FROM REGISTRATION FOR CERTAIN JUVENILES
MOTION AND HEARING GENERALLY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
(c) All written matter considered by the court shall be disclosed to all parties as provided by Section 54.04(b), Family Code.
(d) If a respondent, as part of a plea agreement, promises not to file a motion seeking an order exempting the respondent from registration under this chapter, the court may not recognize a motion filed by a respondent under this article.
Notes and commentary — not statutory text
History
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.62.htm
- Text hash
- sha256 f7a0d4e8fe802bb0558664dd1381540a97a2bb4fd67561ea7ef6c50aff08122e
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 3 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 62.351. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 62.352ORDER GENERALLY.Printed as Article 62.351
- Tex. Code Crim. Proc. art. 62.353MOTION, HEARING, AND ORDER CONCERNING PERSON ALREADY REGISTERED.Printed as Article 62.351
- Tex. Code Crim. Proc. art. 62.354MOTION, HEARING, AND ORDER CONCERNING PERSON REQUIRED TO REGISTER BECAUSE OF OUT-OF-STATE ADJUDICATION.Printed as Article 62.351
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.