(b) The hearing is without a jury and the burden of persuasion is on the respondent to show by a preponderance of evidence that the criteria of Article 62.352(a) have been met. The court at the hearing may make its determination based on:
(1) the receipt of exhibits;
(2) the testimony of witnesses;
(3) representations of counsel for the parties; or
(4) the contents of a social history report prepared by the juvenile probation department that may include the results of testing and examination of the respondent by a psychologist, psychiatrist, or counselor.
(c) All written matter considered by the court shall be disclosed to all parties as provided by Section 54.04(b), Family Code.
(d) If a respondent, as part of a plea agreement, promises not to file a motion seeking an order exempting the respondent from registration under this chapter, the court may not recognize a motion filed by a respondent under this article.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 62 - Sex Offender Registration Program
Subchapter H. Exemptions From Registration for Certain Juveniles
Article 62.351. Motion and Hearing Generally
Article 62.352. Order Generally
Article 62.353. Motion, Hearing, and Order Concerning Person Already Registered
Article 62.355. Waiver of Hearing