
Art. 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 or under a plea 
agreement described by Article 62.355(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 Youth Commission;  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 state, 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.

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

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Last modified: August 10, 2007