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. Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867 ), Sec. 1.01, eff. September 1, 2005.
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