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Texas Code of Criminal Procedure - Article 62.251. Removing Registration Information When Duty To Register Expires

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 62.251. Removing Registration Information When Duty To Register Expires

Art. 62.251. REMOVING REGISTRATION INFORMATION WHEN DUTY TO 
REGISTER EXPIRES.  (a) When a person is no longer required to 
register as a sex offender under this chapter, the department shall 
remove all information about the person from the sex offender 
registry.
	(b)  The duty to remove information under Subsection (a) 
arises if:          
	(1)  the department has received notice from a local law 
enforcement authority under Subsection (c) or (d) that the person 
is no longer required to register or will no longer be required to 
renew registration and the department verifies the correctness of 
that information;
	(2)  the court having jurisdiction over the case for which 
registration is required requests removal and the department 
determines that the duty to register has expired;  or
	(3)  the person or the person's representative requests 
removal and the department determines that the duty to register has 
expired.
	(c)  When a person required to register under this chapter 
appears before a local law enforcement authority to renew or modify 
registration information, the authority shall determine whether 
the duty to register has expired.  If the authority determines that 
the duty to register has expired, the authority shall remove all 
information about the person from the sex offender registry and 
notify the department that the person's duty to register has 
expired.
	(d)  When a person required to register under this chapter 
appears before a local law enforcement authority to renew 
registration information, the authority shall determine whether 
the renewal is the final annual renewal of registration required by 
law.  If the authority determines that the person's duty to register 
will expire before the next annual renewal is scheduled, the 
authority shall automatically remove all information about the 
person from the sex offender registry on expiration of the duty to 
register and notify the department that the information about the 
person has been removed from the registry.
	(e)  When the department has removed information under 
Subsection (a), the department shall notify all local law 
enforcement authorities that have provided registration 
information to the department about the person of the removal.  A 
local law enforcement authority that receives notice from the 
department under this subsection shall remove all registration 
information about the person from its registry.
	(f)  When the department has removed information under 
Subsection (a), the department shall notify all public and private 
agencies or organizations to which it has provided registration 
information about the person of the removal.  On receiving notice, 
the public or private agency or organization shall remove all 
registration information about the person from any registry the 
agency or organization maintains that is accessible to the public 
with or without charge.

Added by Acts 2003, 78th Leg., ch. 283, Sec. 37, eff. Sept. 1, 2003.  
Redesignated from Vernon's Ann.C.C.P. art. 62.14 and amended by 
Acts 2005, 79th Leg., ch. 1008, Sec. 1.01, eff. Sept. 1, 2005.

Last modified: August 10, 2007