Tex. Code of Crim. Proc. Article 62.351
Motion and Hearing Generally


(a)

During or after disposition of a case under Section 54.04 (Disposition Hearing), 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 (Order Generally)(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 (Disposition Hearing)(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.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.

Source: Article 62.351 — Motion and Hearing Generally, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­62.­htm#62.­351 (accessed Mar. 23, 2024).

62.001
Definitions
62.002
Applicability of Chapter
62.003
Determination Regarding Substantially Similar Elements of Offense
62.004
Determination Regarding Primary Registration Authority
62.005
Central Database
62.006
Information Provided to Peace Officer on Request
62.007
Risk Assessment Review Committee
62.008
General Immunity
62.009
Immunity for Release of Public Information
62.010
Rulemaking Authority
62.0045
Centralized Registration Authority
62.051
Registration: General
62.052
Registration: Extrajurisdictional Registrants
62.053
Prerelease Notification
62.054
Circumstances Requiring Notice to Superintendent or School Administrator
62.055
Change of Address
62.056
Additional Public Notice for Certain Offenders
62.057
Status Report by Supervising Officer or Local Law Enforcement Authority
62.058
Law Enforcement Verification of Registration Information
62.059
Registration of Persons Regularly Visiting Location
62.060
Requirements Relating to Driver’s License or Personal Identification Certificate
62.0061
Request for Online Identifiers by Social Networking Sites
62.061
Dna Specimen
62.062
Limitation on Newspaper Publication
62.063
Prohibited Employment
62.064
Prohibited Location of Residence
62.065
Entry onto School Premises
62.101
Expiration of Duty to Register
62.102
Failure to Comply with Registration Requirements
62.151
Definitions
62.152
Registration of Certain Workers or Students
62.153
Registration of Workers or Students at Institutions of Higher Education
62.201
Additional Public Notice for Individuals Subject to Civil Commitment
62.202
Verification of Individuals Subject to Commitment
62.203
Failure to Comply: Individuals Subject to Commitment
62.251
Removing Registration Information When Duty to Register Expires
62.301
Exemption from Registration for Certain Young Adult Sex Offenders
62.351
Motion and Hearing Generally
62.352
Order Generally
62.353
Motion, Hearing, and Order Concerning Person Already Registered
62.354
Motion, Hearing, and Order Concerning Person Required to Register Because of Out-of-state Adjudication
62.355
Waiver of Hearing
62.356
Effect of Certain Orders
62.357
Appeal of Certain Orders
62.401
Definition
62.402
Determination of Minimum Required Registration Period
62.403
Individual Risk Assessment
62.404
Motion for Early Termination
62.405
Hearing on Petition
62.406
Costs of Individual Risk Assessment and of Court
62.407
Effect of Order Granting Early Termination
62.408
Nonapplicability
62.0551
Change in Online Identifiers
62.2021
Requirements Relating to Driver’s License or Personal Identification Certificate: Individuals Residing at Civil Commitment Center

Accessed:
Mar. 23, 2024

Art. 62.351’s source at texas​.gov