Texas Code of Criminal Procedure - Article 62.355. Waiver Of Hearing

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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(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.

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

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Last modified: August 10, 2007