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Family Code Section 54.0405(a)(2)(A) provides that, if a court places a juvenile on probation for a registerable (if this is even word) sex offense, the Court SHALL require the juvenile to register under Chapter 62 of the Code of Criminal Procedure.

The plain language of this provision would seem to suggest that a juvenile must register if he is on probation. As we all know, however, Chapter 62 contains provisions applicable to the deferred registration, non-registration, and non-public registration of juveniles. My question is, does this provision really mean what it says, or does it mean shall require the juvenile to register under Chapter 62 unless the court chooses to follow one of the other Chapter 62 provisions related to juveniles?

Any thoughts are greatly appreciated.
 
Posts: 366 | Location: Plainview, Hale County | Registered: January 11, 2005Reply With QuoteReport This Post
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It does not require the Court to order registration. It is awkward wording (surprise) but is clarified a tad, perhaps unintentionally, by subsection (b)which qualifies the application of the section to those instances in which the juvenile is REQUIRED to register under Ch. 62. In other words, only when the judge decides to do it. TJPC's opinion notwithstanding, most cases need registration.
 
Posts: 48 | Location: Hill County | Registered: February 12, 2004Reply With QuoteReport This Post
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