Texas Code of Criminal Procedure - Article 62.301. Exemption From Registration For Certain Young Adult Sex Offenders

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 62.301. Exemption From Registration For Certain Young Adult Sex Offenders

Art. 62.301. EXEMPTION FROM REGISTRATION FOR CERTAIN YOUNG 
ADULT SEX OFFENDERS.  (a) If eligible under Subsection (b) or (c), 
a person required to register under this chapter may petition the 
court having jurisdiction over the case for an order exempting the 
person from registration under this chapter at any time after the 
person's sentencing or after the person is placed on deferred 
adjudication community supervision.
	(b)  A person is eligible to petition the court as described 
by Subsection (a) if:
	(1)  the person is required to register only as a result of a 
single reportable conviction or adjudication, other than an 
adjudication of delinquent conduct;  and
	(2)  the court has entered in the appropriate judgment or has 
filed with the appropriate papers a statement of an affirmative 
finding described by Article 42.017 or Section 5(g), Article 42.12.
	(c)  A defendant who before September 1, 2001, is convicted 
of or placed on deferred adjudication community supervision for an 
offense under Section 21.11, 22.011, 22.021, or 43.25, Penal Code, 
is eligible to petition the court as described by Subsection (a).  
The court may consider the petition only if the petition states and 
the court finds that the defendant would have been entitled to the 
entry of an affirmative finding under Article 42.017 or Section 
5(g), Article 42.12, as appropriate, had the conviction or 
placement on deferred adjudication community supervision occurred 
after September 1, 2001.
	(d)  After a hearing on the petition described by Subsection 
(a), the court may issue an order exempting the person from 
registration under this chapter if it appears by a preponderance of 
the evidence:
	(1)  as presented by a registered sex offender treatment 
provider, that the exemption does not threaten public safety;  and
	(2)  that the person's conduct did not occur without the 
consent of the victim or intended victim as described by Section 
22.011(b), Penal Code.
	(e)  An order exempting the person from registration under 
this chapter does not expire, but the court shall withdraw the order 
if after the order is issued the person receives a reportable 
conviction or adjudication under this chapter.

Added by Acts 2005, 79th Leg., ch. 1008, Sec. 1.01, eff. Sept. 1, 
2005.     

Last modified: August 10, 2007