Texas Code of Criminal Procedure 62.355 – Waiver of Hearing
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(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 § 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.
Terms Used In Texas Code of Criminal Procedure 62.355
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
(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.