Texas Code of Criminal Procedure

Art. Art. 62.355
Waiver of Hearing


(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 (Adjudication Hearing)(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.

(c)

If the waiver is entered other than under a plea agreement, the court, without a hearing, shall enter an order exempting the respondent from registration under this chapter.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
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Last accessed
Jun. 7, 2021