Tex. Code of Crim. Proc. Article 62.352
Order Generally


(a)

The court shall enter an order exempting a respondent from registration under this chapter if the court determines:

(1)

that the protection of the public would not be increased by registration of the respondent under this chapter; or

(2)

that any potential increase in protection of the public resulting from registration of the respondent is clearly outweighed by the anticipated substantial harm to the respondent and the respondent’s family that would result from registration under this chapter.

(b)

After a hearing under Article 62.351 (Motion and Hearing Generally) or under a plea agreement described by Article 62.355 (Waiver of Hearing)(b), the juvenile court may enter an order:

(1)

deferring decision on requiring registration under this chapter until the respondent has completed treatment for the respondent’s sexual offense as a condition of probation or while committed to the Texas Juvenile Justice Department; or

(2)

requiring the respondent to register as a sex offender but providing that the registration information is not public information and is restricted to use by law enforcement and criminal justice agencies, the Council on Sex Offender Treatment, and public or private institutions of higher education.

(c)

If the court enters an order described by Subsection (b)(1), the court retains discretion and jurisdiction to require, or exempt the respondent from, registration under this chapter at any time during the treatment or on the successful or unsuccessful completion of treatment, except that during the period of deferral, registration may not be required. Following successful completion of treatment, the respondent is exempted from registration under this chapter unless a hearing under this subchapter is held on motion of the prosecuting attorney, regardless of whether the respondent is 18 years of age or older, and the court determines the interests of the public require registration. Not later than the 10th day after the date of the respondent’s successful completion of treatment, the treatment provider shall notify the juvenile court and prosecuting attorney of the completion.

(d)

Information that is the subject of an order described by Subsection (b)(2) may not be posted on the Internet or released to the public.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 4, eff. September 1, 2013.

Source: Article 62.352 — Order Generally, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­62.­htm#62.­352 (accessed Jun. 5, 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:
Jun. 5, 2024

Art. 62.352’s source at texas​.gov