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.
If the waiver is entered under a plea agreement, the court, without a hearing, shall:
enter an order exempting the respondent from registration under this chapter; or
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:
withdraw the respondent’s plea of guilty, nolo contendere, or true; or
affirm the respondent’s plea and participate in the hearing.
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.