Texas statute
Tex. Code Crim. Proc. art. 62.351 — Motion and hearing generally
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 62: SEX OFFENDER REGISTRATION PROGRAM, Texas Code of Criminal Procedure.
Full text of Tex. Code Crim. Proc. art. 62.351
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(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.
Official sources
This reference is informational and is not legal advice.