City of Hitchcock Police Department

EMERGENCY/LIFE THREATENING CALLS - 911

NON-EMERGENCY CALLS - 409.986.5559

MUNICIPAL COURT - 409.986.9702

MAP to HPD **CLICK HERE**

English Arabic Chinese (Simplified) French Spanish Vietnamese
YOU ARE HERE: Home Texas Sex Offender Statute

Texas Code of Criminal Procedure: Chapter 62. Sex Offender Registration Program - Subchapter G: Exemption from registration for certain young adult sex offenders

Print PDF
Article Index
Texas Code of Criminal Procedure: Chapter 62. Sex Offender Registration Program
General Provisions
Registration and Verification
Expiration of duty to register
Provisions applicable to certain workers and students
Provisions applicable to persons subject to civil commitment
Removal of registration information
Exemption from registration for certain you adult sex offenders
Exemption from registration for certain juveniles
Early termination of certain persons' obligation to register
All Pages

SUBCHAPTER G. EXEMPTION FROM REGISTRATION FOR CERTAIN YOUNG ADULT SEX OFFENDER

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.

Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008, Sec. 1.01, eff. September 1, 2005.