This question keeps popping up and I hope someone knows the answer.

.......when you plea bargain a sexual offense case and part of the agreement is to have an affirmative finding under Art. 42.017 (regarding ages of the victim/defendant), does the defendant have to register while he is on probation ONLY or not at all ? And what if it's deferred ? It has been our understanding that he does not have to register at all.

The second issue is, should there be a formal petition filed under Art. 62.0105 if the plea hearing reflects the agreement to exempt the defendant ?

Any help would be appreciated !

The petition (or a motion) should be filed to comply with the statute. The court must order an examination by a registered sex offender treatment provider to make certain the offender does not threaten public safety. If the motion is filed prior to the date the defendant is placed on deferred adjudication, the court could receive the report and make a finding immediately after placing the defendant on deferred adjudication. As a practical matter,if the motion/petition is filed on the date of the plea, I do not think the defendant should have to register while awaiting the examination and later ruling by the court.

If the court follows the statute and makes a non-registration ruling, the defendant never has to register.