Section 552.108(a)(1) in Law Enforcement Records
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Tamara Smith
Assistant Attorney General
Open Records Division
(a) Information held by a law enforcement agency or
prosecutor that deals with the detection, investigation, or
prosecution of crime is excepted from the requirements of
Section 552.021 if:
•
(1) release of the information would interfere with the
detection, investigation, or prosecution of crime
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Explain how information is related to a pending criminal
investigation or prosecution.
It is a discretionary exception.
Let the OAG know if some information is being released.
Section 552.108(a)(1) is not applicable to information
subject to sections 552.022(a)(2) through 552.022(a)(18),
including court-filed documents subject to section
552.022(a)(17).
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In which of these situations is it appropriate to raise section
552.108(a)(1)?
•
A. After a jury returned a verdict of not guilty and the
case was dismissed
•
B. After a police department finished its investigation
and referred the case for prosecution
•
C. After a defendant accepted deferred adjudication
•
D. After the statute of limitations passed for an unsolved
cold case
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In which of these situations is it appropriate to raise section
552.108(a)(1)?
•
A. After a jury returned a verdict of not guilty and the
case was dismissed
•
B. After a police department finished its investigation
and referred the case for prosecution
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C. After a defendant accepted deferred adjudication
•
D. After the statute of limitations passed for an unsolved
cold case
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A police department objects to the release of an incident
report because the department states it is still investigating
the alleged crime. The department seeks to withhold the
incident report under section 552.108(a)(1). Has the
department raised this exception correctly?
•
A. Yes
•
B. No
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Question: A police department objects to the release of an
incident report because the department states it is still
investigating the alleged crime. The department seeks to
withhold the incident report under section 552.108(a)(1).
Has the department raised this exception correctly?
•
A
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Y
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B. No
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A police department has an offense report, a copy of the
citation, and dash camera recordings. Which can the
department not withhold under section 552.108(a)(1)?
•
A. Citation
•
B. Dash Camera Recordings
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C. Offense Report
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D. None of the above
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A police department has an offense report, a copy of the
citation, and dash camera recordings. Which can the
department not withhold under section 552.108(a)(1)?
•
A. Citation
•
B. Dash Camera Recordings
•
C. Offense Report
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D. None of the above
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A police department has an offense report and a copy of the
search warrant. Can the department withhold the search
warrant under section 552.108(a)(1)?
•
A. Yes
•
B. No
•
C. In some circumstances
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Question: A police department has an offense report and a
copy of the search warrant. Can the department withhold
the search warrant under section 552.108(a)(1)?
•
A. Yes
•
B. No
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C. In some circumstances
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Can a police department ever withhold information under
section 552.108(a)(1) if it failed to comply with its deadlines
under section 552.301?
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A. Yes, if the police department objects to its release
•
B. Yes, if another governmental body objects to its
release based on its own pending investigation
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C. Yes, section 552.108(a)(1) is compelling
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D. A and B
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Can a police department ever withhold information under
section 552.108(a)(1) if it failed to comply with its deadlines
under section 552.301?
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A. Yes, if the police department objects to its release
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B. Yes, if another governmental body objects to its
release based on its own pending investigation
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C. Yes, section 552.108(a)(1) is compelling
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D. A and B
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Section 552.108 does not except from the requirements of
Section 552.021 information that is basic information about
an arrested person, an arrest, or a crime.
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Basic information is the information held to be public in
Houston Chronicle Publishing Co. v. City of Houston.
Examples of basic information from Open Records Decision
No. 127 (1976):
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Detailed description of the offense
•
Arrestee’s name
•
Identification and description of the complainant
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Motor vehicle record information
Dates of birth
Victim or witness information, if the victim or witness is not
the complainant
Photographs, dash camera video recordings, or 9-1-1 audio
recordings
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An individual makes a report stating he is the victim of a
crime. What information is considered basic information in
the incident report?
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A. His motor vehicle record information
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B. His date of birth
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C. A photo of his injuries
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D. His name
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An individual makes a report stating he is the victim of a
crime. What information is considered basic information in
the incident report?
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A. His motor vehicle record information
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B. His date of birth
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C. A photo of his injuries
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D. His name
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Section 552.108(a)(1) may be raised by an entity that is not
a law enforcement agency or prosecutor when the entity is
the proper custodian of information.
•
The proper custodian must:
Demonstrate the information relates to a pending
case of a law enforcement agency; and
Provide a representation from the law enforcement
agency that it wishes to have the information
withheld.
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When may an emergency service district withhold requested
information under section 552.108(a)(1)?
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A. When it’s on behalf of a law enforcement agency
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B. When a crime has been committed within the district
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C. When a crime has been committed by a district
employee
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D. All of the above
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When may an emergency service district withhold requested
information under section 552.108(a)(1)?
•
A. When it’s on behalf of a law enforcement agency
•
B. When a crime has been committed within the district
•
C. When a crime has been committed by a district
employee
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D. All of the above
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(a)
Information held by a law enforcement agency or prosecutor
that deals with the detection, investigation, or prosecution of
crime is excepted from the requirements of Section 552.021
if:
. . .
(2) it is information that deals with the detection,
investigation, or prosecution of crime only in relation to
an investigation that did not result in conviction or
deferred adjudication;
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Explain how information is related to a closed criminal
investigation or prosecution, and the disposition.
It is a discretionary exception.
Let the OAG know if some information is being released.
“Has not” does not indicate the investigation or case is
closed.
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?
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A. Yes
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B. No
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If a governmental body states a case has not
resulted in
conviction or deferred adjudication, can the governmental
body successfully claim section 552.108(a)(2)?
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A. Yes
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B. No
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Section 552.101 protects information that is made
confidential by law outside of the Act, including
constitutional, statutory, and judicial decisions.
Section 552.101 must be raised in conjunction with another
law or doctrine.
Section 552.101 should not be raised in conjunction with
one of the numbered exceptions in the Act.
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(b) Except as provided by Subsection (c) , law enforcement
records concerning a child and information concerning a
child that are stored by electronic means or otherwise and
from which a record could be generated may not be
disclosed to the public and shall be:
•
(1) if maintained on paper or microfilm, kept separate
from adult records;
•
(2) if maintained electronically in the same computer
system as adult records, accessible only under controls
that are separate and distinct from the controls to
access electronic data concerning adults; and
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(3) maintained on a local basis only and not sent to a
central state or federal depository, except as provided
by Subsection (c) or Subchapter B, D, or E.
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Protects law enforcement records of a child relating to
delinquent conduct or conduct indicating a need for
supervision that occurred before, on, or after September 1,
1997.
Section 51.02(2) of the Family Code defines a child as 10 to
16 years of age at the time the conduct occurred.
Previously covered by sections 51.14 and 58.007(c) of the
Family Code.
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(d) Law enforcement records concerning a child may be
inspected or copied by:
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(1) a juvenile justice agency, as defined by Section
58.101;
•
(2) a criminal justice agency, as defined by Section
411.082, Government Code;
•
(3) the child;
•
(4) the child’s parent or guardian; or
•
(5) the chief executive officer or the officer’s designee of
a primary or secondary school where the child is
enrolled only for the purpose of conducting a threat
assessment or preparing a safety plan related to the
child.
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(e) Before a child or a child's parent or guardian may inspect
or copy a record concerning the child under Subsection (d),
the custodian of the record shall redact:
•
(1) any personally identifiable information about a
juvenile suspect, offender, victim, or witness who is not
the child; and
•
(2) any information that is excepted from required
disclosure under Chapter 552, Government Code, or
any other law.
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Section 58.008 only applies when a child is the suspect, arrestee, or
defendant.
The alleged offense or conduct must meet the definitions found in
the Family Code.
Transportation Code violations do not meet the requirements of
section 58.008.
Section 58.008 is a mandatory exception.
The requestor may have a right of access.
•
Other exceptions may still be raised.
Which of these incidents is subject to section 58.008(b) of
the Family Code?
•
A. Parents report their 9 year-old son ran away
•
B. Police arrest a 17 year-old for underage drinking
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C. A 16 year-old cashier reports that her store has been
robbed
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D. Police arrest a 13 year-old suspect for vandalism
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Which of these incidents is subject to section 58.008(b) of
the Family Code?
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A. Parents report their 9 year-old son ran away
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B. Police arrest a 17 year-old for underage drinking
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C. A 16 year-old cashier reports that her store has been
robbed
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D. Police arrest a 13 year-old suspect for vandalism
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Which of these individuals has a right of access to reports
otherwise confidential under section 58.008(b)?
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A. A juvenile or criminal justice agency
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B. The child
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C. The child’s parent or guardian
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D. All of the above
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Which of these individuals has a right of access to reports
otherwise confidential under section 58.008(b)?
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A. A juvenile or criminal justice agency
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B. The child
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C. The child’s parent or guardian
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D. All of the above
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An attorney representing the mother of a 14 year-old who
was arrested for underage drinking requests the child’s
incident report. Does she have a right of access?
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A. Yes
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B. No
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An attorney representing the mother of a 14 year-old who
was arrested for underage drinking requests the child’s
incident report. Does she have a right of access?
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A. Yes
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B. No
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In the same incident report, a 15 year-old classmate was
also arrested. Can the classmate’s information be released?
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A. Yes
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B. No
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In the same incident report, a 15 year-old classmate was
also arrested. Can the classmate’s information be released?
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A. Yes
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B. No
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For the same incident report and requestor, can other
provisions of law be raised to withhold the report?
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A. Yes
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B. No
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For the same incident report and requestor, can other
provisions of law be raised to withhold the report?
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A. Yes
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B. No
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(a) Except as provided by Section 261.203, the following
information is confidential, is not subject to the Act, and may
be disclosed only for purposes consistent with the Family
Code and applicable federal or state law or under rules
adopted by an investigating agency:
•
(1) a report of alleged or suspected abuse or neglect
made under this chapter and the identity of the person
making the report; and
•
(2) except as otherwise provided in this section, the
files, reports, records, communications, audiotapes,
videotapes, and working papers used or developed in an
investigation under this chapter or in providing services
as a result of an investigation.
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Abuse and neglect are defined in section 261.001 of the
Family Code
Investigation must be conducted by an agency authorized to
conduct child abuse and neglect investigations.
Section 101.003(a) defines child victim as under the age of
18 at the time of the alleged abuse or neglect.
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(k) Notwithstanding Subsection (a), an investigating agency,
other than the Texas Department of Family and Protective
Services or the Texas Juvenile Justice Department, on
request, shall provide to the parent, managing conservator,
or other legal representative of a child who is the subject of
reported abuse or neglect, or to the child if the child is at
least 18 years of age, information concerning the reported
abuse or neglect that would otherwise be confidential under
this section. The investigating agency shall withhold
information under this subsection if the parent, managing
conservator, or other legal representative of the child
requesting the information is alleged to have committed the
abuse or neglect.
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(l) Before a child or a parent, managing conservator, or other legal
representative of a child may inspect or copy a record or file
concerning the child under Subsection (k), the custodian of the
record or file must redact:
•
(1) any personally identifiable information about a victim or
witness under 18 years of age unless that victim or witness is:
(A) the child who is the subject of the report; or
(B) another child of the parent, managing conservator, or
other legal representative requesting the information;
(2) any information that is excepted from required disclosure
under Chapter 552, Government Code, or other law; and
(3) the identity of the person who made the report.
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(h) This section does not apply to an investigation of child
abuse or neglect in a home or facility regulated under
Chapter 42, Human Resources Code.
For example, daycare facilities
•
These homes and facilities can be found on the Texas
Department of Family and Protective Services website.
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Explain whether the requested information consists of a
report of or was used in a child abuse or neglect
investigation or contains the identity of an individual who
made a report of child abuse or neglect.
Tell us the age of the child victim.
Section 261.201 is a mandatory exception.
Explain whether the requestor has a right of access.
•
Other exceptions may still be raised.
T
i
p
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h
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R
a
i
s
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n
g
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e
c
t
i
o
n
2
6
1
.
2
0
1
o
f
t
h
e
F
a
m
i
l
y
C
o
d
e
A sheriff’s office received a request for information relating
to alleged child abandonment involving a 5 year-old and a 7
year-old. The sheriff’s office objects to the request by raising
section 261.201. Has the sheriff’s office raised this
exception correctly?
•
A. Yes
•
B. No
H
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p
o
t
h
e
t
i
c
a
l
(
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l
i
d
e
1
o
f
1
0
)
A sheriff’s office received a request for information relating
to alleged child abandonment involving a 5 year-old and a 7
year-old. The sheriff’s office objects to the request by raising
section 261.201. Has the sheriff’s office raised this
exception correctly?
•
A. Yes
•
B. No
H
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p
o
t
h
e
t
i
c
a
l
(
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l
i
d
e
2
o
f
1
0
)
A police department received a request for information
relating to alleged child abuse of a 2 year-old by an
employee at a licensed daycare. The department objects to
the request by raising section 261.201. Has the department
raised this exception correctly?
•
A. Yes
•
B. No
H
y
p
o
t
h
e
t
i
c
a
l
(
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l
i
d
e
3
o
f
1
0
)
A police department received a request for information
relating to alleged child abuse of a 2 year-old by an
employee at a licensed daycare. The department objects to
the request by raising section 261.201. Has the department
raised this exception correctly?
•
A. Yes
•
B. No
H
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p
o
t
h
e
t
i
c
a
l
(
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l
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4
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f
1
0
)
When may a school district withhold information under
section 261.201?
•
A. When it’s a report made to the Texas Department of
Family and Protective Services
•
B. When the district affirmatively represents its files
were used in an investigation by an authorized agency
•
C. When the district police department did the
investigation
•
D. All of the above
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y
p
o
t
h
e
t
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c
a
l
(
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l
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d
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5
o
f
1
0
)
H
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o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
6
o
f
1
0
)
When may a school district withhold information under
section 261.201?
•
A. When it’s a report made to the Texas Department of
Family and Protective Services
•
B. When the district affirmatively represents its files
were used in an investigation by an authorized agency
•
C. When the district police department did the
investigation
•
D. All of the above
A mother reports the father hit their 17 year-old child. From
whom can this report be withheld under section 261.201?
•
A. The mother
•
B. The father
•
C. The child
•
D. B and C
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c
a
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(
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l
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e
7
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f
1
0
)
Question:
A mother reports the father hit their 17 year-old
child. From whom can this report be withheld under section
261.201?
•
A. The mother
•
B. The father
•
C. The child
•
D. B and C
H
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p
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t
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t
i
c
a
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(
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l
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8
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f
1
0
)
Divorced parents with shared custody meet for a child-swap.
A fight breaks out between the parents over who takes the
child and the mother is arrested. Can this incident be
withheld under section 261.201?
•
A. Yes
•
B. No
•
C. Depends on the requesting party
H
y
p
o
t
h
e
t
i
c
a
l
(
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l
i
d
e
9
o
f
1
0
)
Question: Divorced parents with shared custody meet for a
child-swap. A fight breaks out between the parents over who
takes the child and the mother is arrested. Can this incident
be withheld under section 261.201?
•
A. Yes
•
B. No
•
C. Depends on the requesting party
H
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p
o
t
h
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t
i
c
a
l
(
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f
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)
Common-law privacy protects information that is:
•
(1) highly intimate or embarrassing, and
•
(2) not of legitimate concern to the public
C
o
m
m
o
n
-
L
a
w
P
r
i
v
a
c
y
Criminal History Compilation
Attempted Suicide
Sexual Assault
Medical Information
Personal Financial Information
T
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p
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s
o
f
I
n
f
o
r
m
a
t
i
o
n
S
u
b
j
e
c
t
t
o
C
o
m
m
o
n
-
l
a
w
P
r
i
v
a
c
y
A police department has an incident report for a motor
vehicle accident. The report lists insurance information
pertaining to the involved vehicles. What information is
subject to common-law privacy?
•
A. Insurance Carrier Name
•
B. Insurance Carrier Phone Number
•
C. Insurance Policy Expiration Date
•
D. A & B
•
E. All of the Above
H
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p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
1
o
f
2
)
A police department has an incident report for a motor
vehicle accident. The report lists insurance information
pertaining to the involved vehicles. What information is
subject to common-law privacy?
•
A. Insurance Carrier Name
•
B. Insurance Carrier Phone Number
•
C. Insurance Policy Expiration Date
•
D. A & B
•
E. All of the Above
H
y
p
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t
h
e
t
i
c
a
l
(
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l
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e
2
o
f
2
)
A criminal history compilation is a compilation or summary
of an individual’s criminal history when created by a
governmental body and includes:
•
A note in law enforcement records stating the
governmental body’s database reveals an individual was
previously convicted of a specified crime
•
Law enforcement records depicting an individual as a
suspect, arrestee, or criminal defendant when the
requestor seeks unspecified records pertaining to a
named individual
C
r
i
m
i
n
a
l
H
i
s
t
o
r
y
C
o
m
p
i
l
a
t
i
o
n
Records involving an individual as a complainant, victim, or
witness.
Warrant information because it involves an individual’s
current involvement in the criminal justice system.
Driving record information
Information an individual volunteers about past criminal acts
T
y
p
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s
o
f
I
n
f
o
r
m
a
t
i
o
n
N
o
t
I
n
c
l
u
d
e
d
i
n
a
n
I
n
d
i
v
i
d
u
a
l
’
s
C
r
i
m
i
n
a
l
H
i
s
t
o
r
y
C
o
m
p
i
l
a
t
i
o
n
A request for specified records
A request for records pertaining to a specified address
Requests for records involving the requestor or the
requestor’s minor children
T
y
p
e
s
o
f
R
e
q
u
e
s
t
s
T
h
a
t
D
o
N
o
t
I
m
p
l
i
c
a
t
e
a
n
I
n
d
i
v
i
d
u
a
l
’
s
P
r
i
v
a
c
y
I
n
t
e
r
e
s
t
How the information is requested matters.
Individual named in the request must be a suspect,
arrestee, or criminal defendant in the responsive
information.
Be careful not to reveal confidential information during
briefing.
Right of access under section 552.023
C
r
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H
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C
o
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p
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a
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o
n
T
i
p
s
Jo requests all police reports involving her co-worker Mark.
The police department has these records:
•
An offense report for check fraud listing Mark as the
complainant
•
An offense report for theft listing Mark as the suspect
•
An offense report listing Mark as a witness for injury to a
child and public intoxication
•
An offense report for attempted suicide listing Mark as
an involved party
•
An offense report for a sexual offense listing Mark as a
suspect
•
A citation for Mark for an expired driver license
H
y
p
o
t
h
e
t
i
c
a
l
(
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l
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e
1
o
f
7
)
Which of the responsive offense reports may the
department withhold under common-law privacy in response
to Jo’s request?
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
2
o
f
7
)
Which of the responsive offense reports may the
department withhold under common-law privacy in response
to Jo’s request?
•
An offense report for check fraud listing Mark as the
complainant
•
An offense report for theft listing Mark as the suspect
•
An offense report listing Mark as a witness for injury to a
child and public intoxication
•
An offense report for attempted suicide listing Mark as
an involved party
•
An offense report for sexual offense listing Mark as a
suspect
•
A citation for Mark for an expired driver license
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
3
o
f
7
)
Under which of the following requests would information be
withheld as a compilation of an individual’s criminal history?
•
A. Barbara requests Mary’s January 5
th
and February 7
th
arrest reports
•
B. Bob requests all 2017 incident reports at 1313
Mockingbird Lane
•
C. Dahlia requests all her arrest reports from November
2018
•
D. Lucky requests all of Mona’s arrest reports to date
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
4
o
f
7
)
Under which of the following requests would information be
withheld as a compilation of an individual’s criminal history?
•
A. Barbara requests Mary’s January 5
th
and February 7
th
arrest reports
•
B. Bob requests all 2017 incident reports at 1313
Mockingbird Lane
•
C. Dahlia requests all her arrest reports from November
2018
•
D. Lucky requests all of Mona’s arrest reports to date
H
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p
o
t
h
e
t
i
c
a
l
(
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5
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f
7
)
Alana makes the following request: “I would like all reports
involving Will from January 2018 to the present, including
incident number 18-0010.”
Can incident number 18-0010 be withheld from Alana under
compilation of an individual’s criminal history?
•
A. Yes
•
B. No
H
y
p
o
t
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t
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c
a
l
(
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l
i
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e
6
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f
7
)
Alana makes the following request: “I would like all reports
involving Will from January 2018 to the present, including
incident number 18-0010.”
Can incident number 18-0010 be withheld from Alana under
compilation of an individual’s criminal history?
•
A. Yes
•
B. No
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
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e
7
o
f
7
)
If the requestor knows the identity of the sexual offense
victim, the entirety of the offense report must be withheld.
If the requestor does not know the identity of the sexual
offense victim, the identifying information of the sexual
offense victim must be withheld.
S
e
x
u
a
l
O
f
f
e
n
s
e
s
The identifying information of a sexual offense victim must
be withheld under section 552.101 in conjunction with
common-law privacy when releasing basic information
pursuant to section 552.108(c).
Check the requestor’s relationship with the victim.
T
i
p
s
W
h
e
n
I
n
f
o
r
m
a
t
i
o
n
R
e
l
a
t
e
s
t
o
a
S
e
x
u
a
l
O
f
f
e
n
s
e
A police department receives a request for incident report
19-01007. This report relates to an alleged sexual assault of
Anna. What must the department withhold under common-
law privacy?
•
A. The entire report
•
B. Anna’s identifying information
H
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p
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t
h
e
t
i
c
a
l
(
S
l
i
d
e
1
o
f
4
)
A police department receives a request for incident report
19-01007. This report relates to an alleged sexual assault of
Anna. What must the department withhold under common-
law privacy?
•
A. The entire report
•
B. Anna’s identifying information
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
2
o
f
4
)
The police department receives a similar request for “report
19-01007, involving Anna.” What must the department
withhold under common-law privacy?
•
A. The entire report
•
B. Anna’s identifying information
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
3
o
f
4
)
The police department receives a similar request for “report
19-01007, involving Anna.” What must the department
withhold under common-law privacy?
•
A. The entire report
•
B. Anna’s identifying information
H
y
p
o
t
h
e
t
i
c
a
l
(
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l
i
d
e
4
o
f
4
)
If the requestor knows both the identity of the individual who
attempted suicide and knows the individual attempted
suicide, the entirety of the offense report must be withheld.
If the requestor does not know the identity of the individual
that attempted suicide or does not know the individual
attempted suicide, only those portions of the information
revealing the individual attempted suicide must be withheld.
A
t
t
e
m
p
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d
S
u
i
c
i
d
e
T
i
p
s
W
h
e
n
I
n
f
o
r
m
a
t
i
o
n
R
e
l
a
t
e
s
t
o
a
n
A
t
t
e
m
p
t
e
d
S
u
i
c
i
d
e
What the requestor knows matters
Let us know if you have specific codes or if locations reveal
the nature of the events.
Suicidal statements alone are not enough to meet the
elements to withhold a report in its entirety.
Jack asks for the report pertaining to an incident at Bella’s
house on October 4
th
. The incident pertains to a suicide
attempt by Bella. Must this report be withheld in its entirety
from Jack?
•
A. Yes
•
B. No
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
1
o
f
4
)
Jack asks for the report pertaining to an incident at Bella’s
house on October 4
th
. The incident pertains to a suicide
attempt by Bella. Must this report be withheld in its entirety
from Jack?
•
A. Yes
•
B. No
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
2
o
f
4
)
Fred, a witness, asks for the report pertaining to Bella’s
recent suicide attempt. Must this report be withheld in its
entirety from Fred?
•
A. Yes
•
B. No
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
3
o
f
4
)
Fred, a witness, asks for the report pertaining to Bella’s
recent suicide attempt. Must this report be withheld in its
entirety from Fred?
•
A. Yes
•
B. No
H
y
p
o
t
h
e
t
i
c
a
l
(
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4
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f
4
)
(a) Information held by a law enforcement agency or
prosecutor that deals with the detection, investigation, or
prosecution of crime is excepted from the requirements of
Section 552.021 if:
•
. . .
•
(4) it is information that:
(A) is prepared by an attorney representing the state
in anticipation of or in the course of preparing for
criminal litigation; or
(B) reflects the mental impressions or legal
reasoning of an attorney representing the state.
S
e
c
t
i
o
n
5
5
2
.
1
0
8
(
a
)
(
4
)
(
S
l
i
d
e
1
o
f
2
)
S
e
c
t
i
o
n
5
5
2
.
1
0
8
(
a
)
(
4
)
(
S
l
i
d
e
2
o
f
2
)
Pursuant to
Curry v. Walker
, 873 S.W.2d 379 (Tex. 1994), a
district attorney’s entire litigation file may be withheld under
section 552.108(a)(4) if the request is for the entire litigation
file.
T
i
p
s
W
h
e
n
A
s
s
e
r
t
i
n
g
S
e
c
t
i
o
n
5
5
2
.
1
0
8
(
a
)
(
4
)
Does the information pertain to anticipated or pending
criminal litigation?
Does it reflect the mental impressions or legal reasoning of
an attorney representing the state?
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
1
o
f
9
)
As a district attorney’s office is preparing its case, it receives
a request for the district attorney’s office’s entire litigation
file. What exception to disclosure should the district
attorney’s office raise if it seeks to withhold the requested
information?
As a district attorney’s office is preparing its case, it receives
a request for the district attorney’s office’s entire litigation
file. What exception to disclosure should the district
attorney’s office raise if it seeks to withhold the requested
information?
•
Section 552.108(a)(4) pursuant to
Curry v. Walker
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)
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t
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c
a
l
(
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l
i
d
e
3
o
f
9
)
In seeking to withhold its entire litigation file, the district
attorney’s office states the requested information reflects the
legal reasoning of an assistant district attorney in regards to a
case the attorney is still litigating. Is this a sufficient
representation?
•
A. Yes
•
B. No
H
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t
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c
a
l
(
S
l
i
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4
o
f
9
)
Question: In seeking to withhold its entire litigation file, the
district attorney’s office states the requested information
reflects the legal reasoning of an assistant district attorney in
regards to a case the attorney is still litigating. Is this a
sufficient representation?
•
A. Yes
•
B. No
H
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p
o
t
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t
i
c
a
l
(
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l
i
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e
5
o
f
9
)
The district attorney’s office receives a request for the
following categories of information pertaining to a specified
case:
•
Attorney notes
•
Crash report
•
Dash camera video recordings
•
Emergency medical records
•
9-1-1 call report
•
Criminal History Record Information
•
Medical Records
•
Mental health records
Can the district attorney’s office withhold the entirety of the
information requested under section 552.108(a)(4) pursuant
to
Curry v. Walker
?
•
A. Yes
•
B. No
H
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p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
6
o
f
9
)
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
7
o
f
9
)
Could the district attorney’s office withhold the entirety of the
information requested under section 552.108(a)(4) pursuant
to
Curry v. Walker
?
•
A. Yes
•
B. No
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
8
o
f
9
)
Can the district attorney’s office withhold any portion of an
itemized request under section 552.108(a)(4)?
•
Attorney notes
•
Crash report
•
Dash camera video recordings
•
Emergency medical records
•
9-1-1 call report
•
Criminal History Record Information
•
Medical Records
•
Mental health records
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
9
o
f
9
)
Can the district attorney’s office withhold any portion of an
itemized request under section 552.108(a)(4)?
•
Attorney notes
•
Crash report
•
Dash camera video recordings
•
Emergency medical records
•
9-1-1 call report
•
Criminal History Record Information
•
Medical Records
•
Mental health records
S
e
c
t
i
o
n
5
5
0
.
0
6
5
(
b
)
o
f
t
h
e
T
r
a
n
s
p
o
r
t
a
t
i
o
n
C
o
d
e
(b) Except as provided by Subsection (c), (c-1), or (e), the
information is privileged and for the confidential use of:
•
(1) the department; and
•
(2) an agency of the United States, this state, or a local
government of this state that has use for the information
for accident prevention purposes.
Applies to a peace officer’s accident report that is completed
pursuant to section 550.061, section 550.062, or section
601.004 of the Transportation Code and accident report
information compiled under section 201.806 of the
Transportation Code.
(c-1) On receiving information to which this section applies,
the department or the governmental entity that receives the
information shall create a redacted accident report that may
be requested by any person. The redacted accident report
may not include the items of information described by
Subsection (f)(2).
S
e
c
t
i
o
n
5
5
0
.
0
6
5
(
c
-
1
)
o
f
t
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T
r
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s
p
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t
a
t
i
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n
C
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T
i
p
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W
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n
R
a
i
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g
S
e
c
t
i
o
n
5
5
0
.
0
6
5
o
f
t
h
e
T
r
a
n
s
p
o
r
t
a
t
i
o
n
C
o
d
e
A governmental body must release an accident report to
certain enumerated persons, including a person involved in
the accident.
•
This is a statutory right of access.
•
This right of access prevails over other exceptions in the
Government Code, including sections 552.130 and
552.136, common-law privacy.
Section 550.065(c-1) requires a governmental body to
create a redacted accident report that may be requested by
any person.
Examples of reports:
•
CR-3, CRB-3, and ST-3
D runs a red light and hits V. Officer arrives and takes the
statements of D, V, and W, who witnessed the crash. Officer
determines D was intoxicated, and Officer arrests D on
suspicion of driving while intoxicated.
The police department has the following items:
•
Officer’s CR-3 peace officer’s crash report
•
Officer’s incident report detailing the crash and D’s
arrest
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
1
o
f
5
)
D requests “the crash report from my car accident last
week.” The department has an open criminal investigation
into the accident and wants to withhold everything under
section 552.108(a)(1) for a pending criminal investigation.
Which is true? The department:
•
A
.
M
a
y
w
i
t
h
h
o
l
d
t
h
e
r
e
p
o
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u
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r
s
e
c
t
i
o
n
5
5
2
.
1
0
8
(
a
)
(
1
)
o
f
t
h
e
G
o
v
e
r
n
m
e
n
t
C
o
d
e
•
B. Must release a redacted report under section
550.065(c-1) of the Transportation Code to D because
he was involved in the accident
•
C
.
M
u
s
t
r
e
l
e
a
s
e
t
h
e
u
n
r
e
d
a
c
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e
d
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e
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n
5
5
0
.
0
6
5
(
c
)
o
f
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e
T
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p
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t
a
t
i
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n
C
o
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t
o
D
b
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a
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c
t
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o
n
5
5
0
.
0
6
5
(
c
)
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
2
o
f
5
)
D requests “the crash report from my car accident last
week.” The department has an open criminal investigation
into the accident and wants to withhold everything under
section 552.108(a)(1) for a pending criminal investigation.
Which is true? The department:
•
A
.
M
a
y
w
i
t
h
h
o
l
d
t
h
e
r
e
p
o
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s
e
c
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i
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n
5
5
2
.
1
0
8
(
a
)
(
1
)
o
f
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e
G
o
v
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r
n
m
e
n
t
C
o
d
e
•
B. Must release a redacted report under section
550.065(c-1) of the Transportation Code to D because
he was involved in the accident
•
C
.
M
u
s
t
r
e
l
e
a
s
e
t
h
e
u
n
r
e
d
a
c
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e
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p
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u
n
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r
s
e
c
t
i
o
n
5
5
0
.
0
6
5
(
c
)
o
f
t
h
e
T
r
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n
s
p
o
r
t
a
t
i
o
n
C
o
d
e
t
o
D
b
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a
u
s
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h
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i
s
a
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s
o
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e
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u
n
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e
c
t
i
o
n
5
5
0
.
0
6
5
(
c
)
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
3
o
f
5
)
A, a citizen activist who has been pushing for upgrades to
the traffic lights at the intersection, requests “the crash
report for the accident involving D and V.” The department
still wants to withhold the information under section
552.108(a)(1) because of a pending criminal investigation.
Which is true? The department:
•
A
.
M
a
y
w
i
t
h
h
o
l
d
t
h
e
r
e
p
o
r
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f
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o
m
A
u
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d
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r
s
e
c
t
i
o
n
5
5
2
.
1
0
8
(
a
)
(
1
)
b
e
c
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i
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o
t
a
p
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r
s
o
n
l
i
s
t
e
d
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n
d
e
r
s
e
c
t
i
o
n
5
5
0
.
0
6
5
(
c
)
•
B
.
M
u
s
t
r
e
l
e
a
s
e
t
h
e
r
e
d
a
c
t
e
d
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p
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t
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o
A
u
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r
s
e
c
t
i
o
n
5
5
0
.
0
6
5
(
c
-
1
)
,
b
u
t
w
i
t
h
h
o
l
d
t
h
e
u
n
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e
d
a
c
t
e
d
r
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p
o
r
t
u
n
d
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r
s
e
c
t
i
o
n
5
5
0
.
0
6
5
(
b
)
•
C
.
M
u
s
t
r
e
l
e
a
s
e
t
h
e
r
e
p
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r
t
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o
A
u
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e
c
t
i
o
n
5
5
0
.
0
6
5
(
c
)
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
4
o
f
5
)
A, a citizen activist who has been pushing for upgrades to
the traffic lights at the intersection, requests “the crash
report for the accident involving D and V.” The department
still wants to withhold the information under section
552.108(a)(1) because of a pending criminal investigation.
Which is true? The department:
•
A
.
M
a
y
w
i
t
h
h
o
l
d
t
h
e
r
e
p
o
r
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f
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o
m
A
u
n
d
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r
s
e
c
t
i
o
n
5
5
2
.
1
0
8
(
a
)
(
1
)
b
e
c
a
u
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e
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e
i
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o
t
a
p
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s
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l
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e
d
u
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d
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r
s
e
c
t
i
o
n
5
5
0
.
0
6
5
(
c
)
•
B
.
M
u
s
t
r
e
l
e
a
s
e
t
h
e
r
e
d
a
c
t
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d
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p
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t
t
o
A
u
n
d
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r
s
e
c
t
i
o
n
5
5
0
.
0
6
5
(
c
-
1
)
,
b
u
t
w
i
t
h
h
o
l
d
t
h
e
u
n
r
e
d
a
c
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d
a
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c
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n
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p
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u
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e
c
t
i
o
n
5
5
0
.
0
6
5
(
b
)
.
•
C
.
M
u
s
t
r
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l
e
a
s
e
t
h
e
r
e
p
o
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t
t
o
A
u
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d
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r
s
e
c
t
i
o
n
5
5
0
.
0
6
5
(
c
)
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
5
o
f
5
)
On the request of a person who has given a specimen at the
request of a peace officer, full information concerning the
analysis of the specimen shall be made available to the
person or the person’s attorney.
S
e
c
t
i
o
n
7
2
4
.
0
1
8
o
f
t
h
e
T
r
a
n
s
p
o
r
t
a
t
i
o
n
C
o
d
e
In a police report
Alcohol analysis worksheet
Toxicology/Blood Alcohol Kit Laboratory Submission Form
Specimen Routing Report
W
h
e
r
e
t
o
F
i
n
d
I
n
f
o
r
m
a
t
i
o
n
S
u
b
j
e
c
t
t
o
S
e
c
t
i
o
n
7
2
4
.
1
8
o
f
t
h
e
T
r
a
n
s
p
o
r
t
a
t
i
o
n
C
o
d
e
A
r
t
i
c
l
e
2
.
1
3
9
6
o
f
t
h
e
C
o
d
e
o
f
C
r
i
m
i
n
a
l
P
r
o
c
e
d
u
r
e
(
S
l
i
d
e
1
o
f
2
)
A person stopped or arrested on suspicion of an offense
under
Section 49.04
,
49.045
,
49.07
, or
49.08, Penal Code
,
is entitled to receive from a law enforcement agency
employing the peace officer who made the stop or arrest a
copy of any video made by or at the direction of the officer
that contains footage of:
•
(1) the stop;
•
(2) the arrest;
•
(3) the conduct of the person stopped during any
interaction with the officer, including during the
administration of a field sobriety test; or
•
(4) a procedure in which a specimen of the person's
breath or blood is taken.
A
r
t
i
c
l
e
2
.
1
3
9
6
o
f
t
h
e
C
o
d
e
o
f
C
r
i
m
i
n
a
l
P
r
o
c
e
d
u
r
e
(
S
l
i
d
e
2
o
f
2
)
Offenses:
•
driving while intoxicated
•
driving while intoxicated with child passenger
•
intoxication assault
•
intoxication manslaughter
Applies to any video footage
•
Dash Camera Recordings
•
Body Camera Recordings
The video recording must have been made by or at the
direction of the peace officer who made the stop or arrest.
Right of access only applies to the law enforcement agency
employing the peace officer who made the stop or arrest.
Does not apply to a video held by a prosecutor.
This is a statutory right of access.
T
i
p
s
W
h
e
n
A
r
t
i
c
l
e
2
.
1
3
9
6
o
f
t
h
e
C
o
d
e
o
f
C
r
i
m
i
n
a
l
P
r
o
c
e
d
u
r
e
A
p
p
l
i
e
s
D gets into a car accident with V. Officer arrives at the
scene to investigate. Officer notices that D appears
intoxicated and, after administering sobriety tests on D,
arrests D on suspicion of driving while intoxicated. D’s blood
is drawn for a blood alcohol content (BAC) test.
The department holds the following responsive information:
•
1. Officer’s incident report about the arrest
•
2. The dashboard camera recording from Officer's
cruiser
•
3. The BAC test results from DPS’s crime laboratory
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
1
o
f
1
0
)
D requests a copy of the dashboard camera recording and the
arrest report. The dashboard camera recording depicts D’s
arrest, conduct, and D’s field sobriety tests.
Which is true? The department:
•
A. May withhold everything besides basic information
under section 552.108(a)(1) of the Government Code
•
B. Not withhold anything because article 2.1396 provides
D with a right of access to everything
•
C. Must release the recording to D under article 2.1396,
but may withhold everything except basic information in
the report under section 552.108(a)(1)
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
2
o
f
1
0
)
D requests a copy of the dashboard camera recording and the
arrest report. The dashboard camera recording depicts D’s
arrest, conduct, and D’s field sobriety tests.
Which is true? The department:
•
A. May withhold everything besides basic information
under section 552.108(a)(1) of the Government Code
•
B. Not withhold anything because article 2.1396 provides
D with a right of access to everything
•
C. Must release the recording to D under article 2.1396,
but may withhold everything except basic information in
the report under section 552.108(a)(1)
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
3
o
f
1
0
)
Later, D’s attorney requests “All written records pertaining to
the arrest of my client.” The department has the following
responsive items:
•
1. The incident report about the arrest
•
2. The BAC test results from DPS’s crime laboratory
Which of the following is true? The department:
•
A. May withhold everything except basic information under
section 552.108(a)(1) of the Government Code
•
B. Must release everything to D’s attorney because he is
D’s attorney
•
C. Except for basic information, may withhold the report
under section 552.108(a)(1), but must release the blood
test results to D’s attorney pursuant to section 724.018
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
4
o
f
1
0
)
Later, D’s attorney requests “All written records pertaining to
the arrest of my client.” The department has the following
responsive items:
•
1. The incident report about the arrest
•
2. The BAC test results from DPS’s crime laboratory
Which of the following is true? The department:
•
A. May withhold everything except basic information under
section 552.108(a)(1) of the Government Code
•
B. Must release everything to D’s attorney because he is
D’s attorney
•
C. Except for basic information, may withhold the report
under section 552.108(a)(1), but must release the blood
test results to D’s attorney pursuant to section 724.018
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
5
o
f
1
0
)
Later still, V’s attorney requests everything the department
has on the accident.
Which of the following is true? The department:
•
A. Must release everything to V’s attorney because she
is V’s attorney
•
B. May withhold everything except basic information
under section 552.108(a)(1) of the Government Code
•
C. Except for basic information, may withhold the report
under section 552.108(a)(1), but must release the blood
test results to V’s attorney pursuant to section 724.018
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
6
o
f
1
0
)
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
7
o
f
1
0
)
Later still, V’s attorney requests everything the department
has on the accident.
Which of the following is true? The department:
•
A. Must release everything to V’s attorney because she
is V’s attorney
•
B. May withhold everything except basic information
under section 552.108(a)(1) of the Government Code
•
C. Except for basic information, may withhold the report
under section 552.108(a)(1), but must release the blood
test results to V’s attorney pursuant to section 724.018
D’s attorney makes a written request to the district
attorney’s office, which is prosecuting D for intoxication
assault. D’s attorney requests “The dashboard camera
recording of my client’s arrest, the incident reports, and the
blood alcohol content test results.”
The district attorney’s office has the following responsive
items:
•
1. The incident and supplemental reports
•
2. The dashboard camera recording
•
3. The BAC test results
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
8
o
f
1
0
)
Which of the following is true? The district attorney’s office:
•
A. Must release everything to D’s attorney because he is D’s
attorney
•
B. Excluding basic information, may withhold the report from
D’s attorney under section 552.108(a)(1), but must release
the dashboard camera recording and test results to D’s
attorney under article 2.1396 and section 724.018
•
C. Must release the blood test results to D’s attorney
pursuant to section 724.018, but, excluding basic
information, may withhold everything else under section
552.108(a)(1).
•
D. May withhold everything under section 552.108(a)(1)
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
9
o
f
1
0
)
Which of the following is true? The district attorney’s office:
•
A. Must release everything to D’s attorney because he is D’s
attorney.
•
B. Excluding basic information, may withhold the report from
D’s attorney under section 552.108(a)(1), but must release
the dashboard camera recording and test results to D’s
attorney under article 2.1396 and section 724.018
•
C. Must release the blood test results to D’s attorney
pursuant to section 724.018, but, excluding basic
information, may withhold everything else under section
552.108(a)(1)
•
D. May withhold everything under section 552.108(a)(1)
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
1
0
o
f
1
0
)
S
e
c
t
i
o
n
s
7
7
2
.
1
1
8
,
7
7
2
.
2
1
8
,
a
n
d
7
7
2
.
3
1
8
o
f
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e
a
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n
d
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a
f
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t
y
C
o
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e
(
S
l
i
d
e
1
o
f
2
)
(
a
)
A
s
p
a
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t
o
f
c
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m
p
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e
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e
d
9
-
1
-
1
s
e
r
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i
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,
a
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d
w
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n
u
m
b
e
r
.
. . .
(
c
)
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Section 772.118
•
Over 2 Million
Section 772.218
•
Over 1.5 Million
Section 772.318
•
Over 20,000
S
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7
7
2
.
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1
8
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7
2
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8
Tell this office whether your governmental body is part of an
emergency communication district established under one of
these sections.
Tell us that the telephone number or address was provided
by a 9-1-1 service supplier.
Sections 772.118, 772.218, and 772.318 do not apply to
information a 9-1-1 caller provides.
A cellular telephone tower location is not protected.
The applicability of these sections depends on the
population size of the county in which the emergency
communication district is located.
Does not protect the name of the caller
H
y
p
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t
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(
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7
)
P and B witness a robbery of a convenience store. P calls
9-1-1 to report the robbery. Officer arrives and takes their
statement. P’s call is made in a communication district with
more than 25,000 people.
The sheriff’s office has the following items:
•
1. A computer aided dispatch (CAD) report for the 9-1-1
call
•
2. Officer’s incident report
•
Witness statements from P and B
The store’s owner requests “the CAD sheet from my store’s
robbery.” The CAD report has P’s telephone number on it,
which was furnished to the sheriff’s office from the county’s
9-1-1 service supplier.
True or false: P’s cellular telephone number on the CAD
report is confidential under section 552.101 in conjunction
with section 772.318.
•
A. True
•
B. False
H
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p
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t
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e
t
i
c
a
l
(
S
l
i
d
e
2
o
f
7
)
The store’s owner requests “the CAD sheet from my store’s
robbery.” The CAD report has P’s telephone number on it,
furnished to the sheriff’s office from the county’s 9-1-1
service supplier.
True or false: P’s cellular telephone number on the CAD
report is confidential under section 552.101 in conjunction
with section 772.318.
•
A. True
•
B. False
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
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e
3
o
f
7
)
True or false: P’s name is confidential under section
552.101 in conjunction with section 772.318.
•
A. True
•
B. False
H
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p
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e
t
i
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l
(
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l
i
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e
4
o
f
7
)
True or false: P’s name is confidential under section
552.101 in conjunction with section 772.318.
•
A. True
•
B. False
H
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p
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e
t
i
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a
l
(
S
l
i
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e
5
o
f
7
)
The recording of P’s 911 call contains P’s phone number
after he provides it to the emergency dispatcher.
True or False: P’s telephone number in the call is
confidential under section 552.101 in conjunction with
section 772.318.
•
True
•
False
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
6
o
f
7
)
The recording of P’s 911 call contains P’s phone number
after he provides it to the emergency dispatcher.
True or False: P’s telephone number in the call is
confidential under section 552.101 in conjunction with
section 772.318.
•
True
•
False
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
7
o
f
7
)
(a) Criminal history record information maintained by the
Department of Public Safety is confidential information for
the use of the department and, except as provided by this
subchapter or Subchapter E-1, may not be disseminated by
the department.
S
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t
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n
4
1
1
.
0
8
3
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W
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F
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S
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4
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1
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0
8
3
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G
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e
Department of Public Safety computerized criminal history
printout
FBI numbers
An indication of “No record” from NCIC
Criminal history record information does not encompass
driving record information.
•
License plate checks are not withheld as criminal history
record information.
Information pertaining to an individual’s current involvement
in the criminal justice system is not criminal history record
information.
•
Warrant information is not withheld as criminal history
record information.
T
i
p
s
W
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e
n
R
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S
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4
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.
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e
(a) A communication between certified emergency medical
services personnel or a physician providing medical
supervision and a patient that is made in the course of
providing emergency medical services to the patient is
confidential and privileged and may not be disclosed except
as provided by chapter 773.
(b) Records of the identity, evaluation, or treatment of a
patient by emergency medical services personnel or by a
physician providing medical supervision that are created by
the emergency medical services personnel or physician or
maintained by an emergency medical services provider are
confidential and privileged and may not be disclosed except
as provided by chapter 773.
S
e
c
t
i
o
n
7
7
3
.
0
9
1
o
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H
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T
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p
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S
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7
7
3
.
0
9
1
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C
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e
Applies to emergency medical services records
Information regarding the presence, nature of injury or
illness, age, sex, occupation, and city of residence of a
patient who is receiving emergency medical services is not
confidential under section 773.091.
Does not apply if the patient is deceased
(a) A communication between a physician and a patient,
relative to or in connection with any professional services as
a physician to the patient, is confidential and privileged and
may not be disclosed except as provided by chapter 159.
(b) A record of the identity, diagnosis, evaluation, or
treatment of a patient by a physician that is created or
maintained by a physician is confidential and privileged and
may not be disclosed except as provided by chapter 159.
S
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1
5
9
.
0
0
2
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O
c
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C
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This section does not apply when an officer describes
injuries at the scene.
A deceased person cannot be a patient under section
159.002.
Applies to records created by a physician or someone under
the supervision of a physician
•
Both medical records and information obtained from
those medical records
When a file is created because of a hospital stay, all
documents in a file referring to the diagnosis or treatment
are subject to section 159.002.
T
i
p
s
W
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R
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S
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6
1
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(a) Communications between a patient and a professional, and
records of the identity, diagnosis, evaluation, or treatment of a
patient that are created or maintained by a professional, are
confidential.
Excepts information related to mental health
Not just a notation about the mental health of a subject
within a police report
T
i
p
s
W
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n
R
a
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S
e
c
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n
6
1
1
.
0
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2
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H
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p
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t
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c
a
l
(
S
l
i
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e
1
o
f
1
0
)
D hits V, a pedestrian crossing the street, with his car. An
ambulance takes V to the nearest hospital, where she is
treated for a broken leg and a concussion. Officer goes to
the hospital and takes V’s statement.
The police department has the following items:
•
1. Officer’s incident report
•
2. EMS records created as a result of V’s ambulance
ride to the hospital
•
3. Records of V’s treatment at the hospital
V’s attorney requests Officer's incident report from the
department. The report contains the following sentences. “I
went to Metro-General Hospital to interview V. I spoke with
V, and she stated her leg was broken in two places.”
True or false: The references to the name of the hospital
and the broken leg are confidential under section 552.101 in
conjunction with section 159.002.
•
True
•
False
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
2
o
f
1
0
)
V’s attorney requests Officer's incident report from the
department. The report contains the following sentences. “I
went to Metro-General Hospital to interview V. I spoke with
V, and she stated her leg was broken in two places.”
True or false: The references to the name of the hospital
and the broken leg are confidential under section 552.101 in
conjunction with section 159.002.
•
True
•
False
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
3
o
f
1
0
)
V’s attorney makes a second request, this time asking for all
of V’s records from her stay at the hospital. The only
responsive information are the hospital records created.
Which of the following is true? The department:
•
A. Must release the medical records to V's attorney
because he is V’s attorney
•
B. Must withhold the medical records under section
552.101 in conjunction with section 159.002
•
C. Must withhold the medical records under section
552.101 in conjunction with HIPAA
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
4
o
f
1
0
)
V’s attorney makes a second request, this time asking for all
of V’s records from her stay at the hospital. The only
responsive information are the hospital records created.
Which of the following is true? The department:
•
A. Must release the medical records to V's attorney
because he is V’s attorney
•
B. Must withhold the medical records under section
552.101 in conjunction with section 159.002
•
C. Must withhold the medical records under section
552.101 in conjunction with HIPAA
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
5
o
f
1
0
)
D's attorney, requests all documents pertaining to V’s
ambulance ride to the hospital.
Which of the following is true? The department:
•
A. Must release the EMS records to D's attorney
because she is D’s attorney
•
B. Must withhold the EMS records under section
552.101 in conjunction with section 159.002
•
C. Must withhold the EMS records under 552.101 in
conjunction with section 773.091
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
6
o
f
1
0
)
D's attorney, requests all documents pertaining to V’s
ambulance ride to the hospital.
Which of the following is true? The department:
•
A. Must release the EMS records to D's attorney
because she is D’s attorney
•
B. Must withhold the EMS records under section
552.101 in conjunction with section 159.002
•
C. Must withhold the EMS records under 552.101 in
conjunction with section 773.091
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
7
o
f
1
0
)
Several months later, Officer's investigation uncovers that V
is schizophrenic and that V’s psychologist, determined that
she was having an episode on the day of the accident. The
department lawfully obtains records of V’s schizophrenia
diagnosis. D's attorney requests the records about V’s
mental disorder by V’s psychologist from the department.
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
8
o
f
1
0
)
Which of the following is true? The department:
•
A. Must withhold the schizophrenia records under
section 552.101 in conjunction with section 611.002
•
B. Must withhold the schizophrenia records under
section 552.101 in conjunction with HIPAA
•
C. Must withhold the schizophrenia records under
section 552.101 in conjunction with 773.091
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
9
o
f
1
0
)
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
1
0
o
f
1
0
)
Which of the following is true? The department:
•
A
.
M
u
s
t
w
i
t
h
h
o
l
d
t
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e
s
c
h
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5
5
2
.
1
0
1
i
n
c
o
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j
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c
t
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n
w
i
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h
s
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c
t
i
o
n
6
1
1
.
0
0
2
.
•
B
.
M
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t
w
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s
c
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5
5
2
.
1
0
1
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c
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j
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t
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w
i
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H
I
P
A
A
•
C
.
M
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w
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s
c
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5
5
2
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7
7
3
.
0
9
1
A
r
t
i
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e
2
.
2
9
o
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C
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C
r
i
m
i
n
a
l
P
r
o
c
e
d
u
r
e
(a)
A peace officer to whom an alleged violation of Section
32.51
, Penal Code, is reported shall make a written report to
the law enforcement agency that employs the peace officer
that includes the following information:
(1) the name of the victim;
(2) the name of the suspect, if known;
(3) the type of identifying information obtained, possessed,
transferred, or used in violation of Section
32.51
, Penal
Code; and
(4) the results of any investigation.
(b) On the victim's request, the law enforcement agency shall
provide the report created under Subsection (a) to the
victim. In providing the report, the law enforcement agency
shall redact any otherwise confidential information that is
included in the report, other than the information described
by Subsection (a).
W
h
e
n
A
r
t
i
c
l
e
2
.
2
9
o
f
t
h
e
C
o
d
e
o
f
C
r
i
m
i
n
a
l
P
r
o
c
e
d
u
r
e
A
p
p
l
i
e
s
Section 32.51 of the Penal Code applies to identity theft
offenses
•
Forgery
•
Check fraud
•
Unauthorized use of identifying information
•
Fraudulent use of identifying information
•
Credit card/debit cared
Article 2.29 applies if the violation of section 32.51(b)
occurred on or after September 1, 2005.
T
i
p
s
W
h
e
n
A
r
t
i
c
l
e
2
.
2
9
o
f
t
h
e
C
o
d
e
o
f
C
r
i
m
i
n
a
l
P
r
o
c
e
d
u
r
e
A
p
p
l
i
e
s
Identify whether the requestor is the victim of the alleged
offense
If the requestor is the victim of an alleged section 32.51
offense, whether any portion of the information is otherwise
confidential
Only confidential information may be withheld from an
offense report that is subject to release pursuant to article
2.29.
•
Section 552.108 does not make information confidential.
V checks his credit card statement and discovers several
charges he did not make. V goes to the police department,
which begins an investigation. Police determine O was using
V’s credit card without his permission. O is arrested for a
section 32.51 offense.
The police department has created an incident report from
its investigation. The report contains several dates of birth
and drivers’ license numbers.
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
1
o
f
5
)
V submits a request. “I need everything you have on my fraud
case with my credit card to give to my accountant.” The
department wants to withhold the report under section
552.108(a)(1) because releasing the report will interfere with
prosecution.
Which of the following is true? The department:
•
A. Excluding basic information, may withhold the report
under section 552.108(a)(1)
•
B. Must release the report to V in its entirety pursuant to
article 2.29 of the Code of Criminal Procedure because V is
a section 32.51 offense victim
•
C. Must release the report to V, with dates of birth and
motor vehicle record information redacted, pursuant to
article 2.29 of the Code of Criminal Procedure because V is
a section 32.51 offense victim
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
2
o
f
5
)
V submits a request. “I need everything you have on my fraud
case with my credit card to give to my accountant.” The
department wants to withhold the report under section
552.108(a)(1) because releasing the report will interfere with
prosecution.
Which of the following is true? The department:
•
A. Excluding basic information, may withhold the report
under section 552.108(a)(1)
•
B. Must release the report to V in its entirety pursuant to
article 2.29 of the Code of Criminal Procedure because V is
a section 32.51 offense victim
•
C. Must release the report to V, with dates of birth and
motor vehicle record information redacted, pursuant to
article 2.29 of the Code of Criminal Procedure because V is
a section 32.51 offense victim
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
3
o
f
5
)
O’s attorney requests “everything you have on the case
against my client.” The department does not want to release
the report because it will interfere with prosecution.
Which is true? The department:
•
A. Excluding basic information, may withhold the
report under section 552.108(a)(1)
•
B. Must release the report to O’s attorney pursuant
to article 2.29
•
C. Must release the report to O’s attorney because
he is O’s attorney
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
4
o
f
5
)
O’s attorney requests “everything you have on the case
against my client.” The department does not want to release
the report because it will interfere with prosecution.
Which is true? The department:
•
A. Excluding basic information, may withhold the
report under section 552.108(a)(1)
•
B. Must release the report to O’s attorney pursuant
to article 2.29
•
C. Must release the report to O’s attorney because
he is O’s attorney
H
y
p
o
t
h
e
t
i
c
a
l
(
S
l
i
d
e
5
o
f
5
)
S
e
c
t
i
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Information in the custody of a governmental body that
relates to an employee or officer of the governmental body
is excepted from disclosure if, under the specific
circumstances pertaining to the employee or officer,
disclosure of the information would subject the employee or
officer to a substantial threat of physical harm.
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A governmental body must demonstrate how release of the
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employee or officer will not meet this burden.
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A governmental body seeks to withhold the identifying
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dangerous occupation. Is this sufficient?
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A. Yes
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B. No
A governmental body seeks to withhold the identifying
information of police officers from a report under section
552.152 because being a police officer is an inherently
dangerous occupation. Is this sufficient?
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A. Yes
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B. No
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A police department seeks to withhold the name of an
officer because he is an undercover narcotics officer and
frequently interacts with local drug dealers as an undercover
officer. Department states release will subject this particular
officer to threat of physical harm. Is this sufficient?
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A. Yes
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B. No
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A police department seeks to withhold the name of an
officer because he is an undercover narcotics officer and
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officer. Department states release will subject this particular
officer to threat of physical harm. Is this sufficient?
•
A. Yes
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B. No
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Protects the identities of individuals who report violations of
statutes to the police or similar law enforcement agencies.
The report must be of a violation of a criminal or civil statute.
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Waived by failing to comply with section 552.301 of the Government
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Does not apply when the subject of the information knows the informer’s
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Identify the alleged violation of law.
Whether the subject of the complaint knows the identity of the informer,
not whether the requestor knows the identity of the informer
Rachel reports vandalism at the home of her neighbor,
Mike. The police arrive at the scene and interview Rachel
and Mike’s other neighbor, Harvey. Later, the police also
interview Mike about the break-in at his home. Whose
information can be withheld under the informer’s privilege?
•
A. Rachel
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B. Harvey
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C. Mike
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D. A and B
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Rachel reports vandalism at the home of her neighbor,
Mike. The police arrive at the scene and interview Rachel
and Mike’s other neighbor, Harvey. Later, the police also
interview Mike about the break-in at his home. Whose
information could be withheld under the informer’s privilege?
•
A. Rachel
•
B. Harvey
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C. Mike
•
D. A and B
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Protects photographs and X-rays of a body taken during an
autopsy.
Photographs or X-rays sought under subpoena or authority
of other law, and autopsy photos and X-rays of a person
who dies while in custody of law enforcement are subject to
disclosure.
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K shoots and kills V over a dispute. The coroner performs
an autopsy and determines V died from gunshot injuries.
The medical examiner’s office has the following items:
•
The autopsy report
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Photographs from V’s autopsy
C makes a request for the autopsy photos.
Which of the following is true? The autopsy photos are:
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A. Public information
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B. Confidential under common-law privacy
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C. Confidential under section 552.101 in conjunction
with article 49.25 of the Code of Criminal Procedure
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C makes a request for the autopsy photos.
Which of the following is true? The autopsy photos are:
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A. Public information
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B. Confidential under common-law privacy
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C. Confidential under section 552.101 in conjunction
with article 49.25 of the Code of Criminal Procedure
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D is arrested for driving with an invalid license. D is put in a
cell, where he dies overnight.
The coroner performs an autopsy on D and determined that
D died from a heart attack.
The medical examiner’s office has the following information:
•
The autopsy report
•
The autopsy photos
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G requests D’s autopsy photos.
True or False: The autopsy photos are confidential under
section 552.101 in conjunction with article 49.25.
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True
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False
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G requests D’s autopsy photos.
True or False: The autopsy photos are confidential under
section 552.101 in conjunction with article 49.25.
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True
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False
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(c) A sensitive crime scene image in the custody of a
governmental body is confidential and excepted from
disclosure and a governmental body may not permit a
person to view or copy the image except as provided by this
section. This section applies to any sensitive crime scene
image regardless of the date that the image was taken or
recorded.
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Protects certain sensitive crime scene images
Applies only to closed criminal cases
Protects photos taken at a crime scene that depict a
deceased person in a state of dismemberment,
decapitation, or similar mutilation, or that depict the
deceased’
s genitalia.
Next of kin must be notified of the request.
Images may be released to certain requestors, including
next of kin, the media, and researchers.
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A requestor asks for all photographs related to a closed car
accident investigation from the district attorney’s office. The
district attorney’s office’s investigation includes gruesome
photographs of the victim taken at the scene of the accident
and autopsy photographs. Can the district attorney’s office
withhold these photographs from the requestor under
552.1085?
A.
Yes, all
B.
Yes, some
C.
No
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A requestor asks for all photographs related to a closed car
accident investigation from the district attorney’s office. The
district attorney’s office’s investigation includes gruesome
photographs of the victim taken at the scene of the accident
and autopsy photographs. Can the district attorney’s office
withhold these photographs from the requestor under
552.1085?
A.
Yes, all
B.
Yes, some
C.
No
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(877) OPEN-TEX
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www.texasattorneygeneral.gov/open/index.shtml
Learn about Section 552.108(a)(1) in relation to law enforcement records, its exceptions, and when it is appropriate to apply it. Discover tips for asserting this section and answering hypothetical scenarios regarding its usage.
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Presentation Transcript
Offense and Call for Service Reports, Investigation Files, and Response Records Tamara Smith Assistant Attorney General Open Records Division
Section 552.108(a)(1) (a) Information held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime is excepted from the requirements of Section 552.021 if: (1) release of the information would interfere with the detection, investigation, or prosecution of crime
Tips When Asserting Section 552.108(a)(1) Explain how information is related to a pending criminal investigation or prosecution. It is a discretionary exception. Let the OAG know if some information is being released. Section 552.108(a)(1) is not applicable to information subject to sections 552.022(a)(2) through 552.022(a)(18), including court-filed documents 552.022(a)(17). subject to section
Hypothetical (Slide 1 of 2) In which of these situations is it appropriate to raise section 552.108(a)(1)? A. After a jury returned a verdict of not guilty and the case was dismissed B. After a police department finished its investigation and referred the case for prosecution C. After a defendant accepted deferred adjudication D. After the statute of limitations passed for an unsolved cold case
Hypothetical (Slide 2 of 2) In which of these situations is it appropriate to raise section 552.108(a)(1)? A. After a jury returned a verdict of not guilty and the case was dismissed B. After a police department finished its investigation and referred the case for prosecution C. After a defendant accepted deferred adjudication D. After the statute of limitations passed for an unsolved cold case
Hypothetical (Slide 1 of 8) A police department objects to the release of an incident report because the department states it is still investigating the alleged crime. The department seeks to withhold the incident report under section 552.108(a)(1). department raised this exception correctly? Has the A. Yes B. No
Hypothetical (Slide 2 of 8) Question: A police department objects to the release of an incident report because the department states it is still investigating the alleged crime. The department seeks to withhold the incident report under section 552.108(a)(1). Has the department raised this exception correctly? A. Yes B. No
Hypothetical (Slide 3 of 8) A police department has an offense report, a copy of the citation, and dash camera recordings. department not withhold under section 552.108(a)(1)? Which can the A. Citation B. Dash Camera Recordings C. Offense Report D. None of the above
Hypothetical (Slide 4 of 8) A police department has an offense report, a copy of the citation, and dash camera recordings. department not withhold under section 552.108(a)(1)? Which can the A. Citation B. Dash Camera Recordings C. Offense Report D. None of the above
Hypothetical (Slide 5 of 8) A police department has an offense report and a copy of the search warrant. Can the department withhold the search warrant under section 552.108(a)(1)? A. Yes B. No C. In some circumstances
Hypothetical (Slide 6 of 8) Question: A police department has an offense report and a copy of the search warrant. Can the department withhold the search warrant under section 552.108(a)(1)? A. Yes B. No C. In some circumstances
Hypothetical (Slide 7 of 8) Can a police department ever withhold information under section 552.108(a)(1) if it failed to comply with its deadlines under section 552.301? A. Yes, if the police department objects to its release B. Yes, if another governmental body objects to its release based on its own pending investigation C. Yes, section 552.108(a)(1) is compelling D. A and B
Hypothetical (Slide 8 of 8) Can a police department ever withhold information under section 552.108(a)(1) if it failed to comply with its deadlines under section 552.301? A. Yes, if the police department objects to its release B. Yes, if another governmental body objects to its release based on its own pending investigation C. Yes, section 552.108(a)(1) is compelling D. A and B
Section 552.108(c) Section 552.108 does not except from the requirements of Section 552.021 information that is basic information about an arrested person, an arrest, or a crime.
What is Basic Information? Basic information is the information held to be public in Houston Chronicle Publishing Co. v. City of Houston. Examples of basic information from Open Records Decision No. 127 (1976): Detailed description of the offense Arrestee s name Identification and description of the complainant
What is Not Basic Information? Motor vehicle record information Dates of birth Victim or witness information, if the victim or witness is not the complainant Photographs, dash camera video recordings, or 9-1-1 audio recordings
Hypothetical (Slide 1 of 2) An individual makes a report stating he is the victim of a crime. What information is considered basic information in the incident report? A. His motor vehicle record information B. His date of birth C. A photo of his injuries D. His name
Hypothetical (Slide 2 of 2) An individual makes a report stating he is the victim of a crime. What information is considered basic information in the incident report? A. His motor vehicle record information B. His date of birth C. A photo of his injuries D. His name
Section 552.108(a)(1) Section 552.108(a)(1) may be raised by an entity that is not a law enforcement agency or prosecutor when the entity is the proper custodian of information. The proper custodian must: Demonstrate the information relates to a pending case of a law enforcement agency; and Provide a representation from the law enforcement agency that it wishes to have the information withheld.
Hypothetical (Slide 1 of 2) When may an emergency service district withhold requested information under section 552.108(a)(1)? A. When it s on behalf of a law enforcement agency B. When a crime has been committed within the district C. When a crime has been committed by a district employee D. All of the above
Hypothetical (Slide 2 of 2) When may an emergency service district withhold requested information under section 552.108(a)(1)? A. When it s on behalf of a law enforcement agency B. When a crime has been committed within the district C. When a crime has been committed by a district employee D. All of the above
Section 552.108(a)(2) (a) Information held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime is excepted from the requirements of Section 552.021 if: . . . (2) it is information that deals with the detection, investigation, or prosecution of crime only in relation to an investigation that did not result in conviction or deferred adjudication;
Tips When Asserting Section 552.108(a)(2) Explain how information is related to a closed criminal investigation or prosecution, and the disposition. It is a discretionary exception. Let the OAG know if some information is being released. Has not does not indicate the investigation or case is closed.
Hypothetical (Slide 1 of 2) If a governmental body states a case has not resulted in conviction or deferred adjudication, has the governmental body successfully raised section 552.108(a)(2)? A. Yes B. No
Hypothetical (Slide 2 of 2) If a governmental body states a case has not resulted in conviction or deferred adjudication, can the governmental body successfully claim section 552.108(a)(2)? A. Yes B. No
Section 552.101 Section confidential constitutional, statutory, and judicial decisions. 552.101 by protects law information of that Act, is including made outside the Section 552.101 must be raised in conjunction with another law or doctrine. Section 552.101 should not be raised in conjunction with one of the numbered exceptions in the Act.
Section 58.008(b) of the Family Code (Slide 1 of 2) (b) Except as provided by Subsection (c) , law enforcement records concerning a child and information concerning a child that are stored by electronic means or otherwise and from which a record could be generated may not be disclosed to the public and shall be: (1) if maintained on paper or microfilm, kept separate from adult records; (2) if maintained electronically in the same computer system as adult records, accessible only under controls that are separate and distinct from the controls to access electronic data concerning adults; and (3) maintained on a local basis only and not sent to a central state or federal depository, except as provided by Subsection (c) or Subchapter B, D, or E.
Section 58.008(b) of the Family Code (Slide 2 of 2) Protects law enforcement records of a child relating to delinquent conduct or conduct indicating a need for supervision that occurred before, on, or after September 1, 1997. Section 51.02(2) of the Family Code defines a child as 10 to 16 years of age at the time the conduct occurred. Previously covered by sections 51.14 and 58.007(c) of the Family Code.
Section 58.008(d) of the Family Code (d) Law enforcement records concerning a child may be inspected or copied by: (1) a juvenile justice agency, as defined by Section 58.101; (2) a criminal justice agency, as defined by Section 411.082, Government Code; (3) the child; (4) the child s parent or guardian; or (5) the chief executive officer or the officer s designee of a primary or secondary school where the child is enrolled only for the purpose of conducting a threat assessment or preparing a safety plan related to the child.
Section 58.008(e) of the Family Code (e) Before a child or a child's parent or guardian may inspect or copy a record concerning the child under Subsection (d), the custodian of the record shall redact: (1) any personally identifiable information about a juvenile suspect, offender, victim, or witness who is not the child; and (2) any information that is excepted from required disclosure under Chapter 552, Government Code, or any other law.
Tips When Raising Section 58.008(b) of the Family Code Section 58.008 only applies when a child is the suspect, arrestee, or defendant. The alleged offense or conduct must meet the definitions found in the Family Code. Transportation Code violations do not meet the requirements of section 58.008. Section 58.008 is a mandatory exception. The requestor may have a right of access. Other exceptions may still be raised.
Hypothetical (Slide 1 of 10) Which of these incidents is subject to section 58.008(b) of the Family Code? A. Parents report their 9 year-old son ran away B. Police arrest a 17 year-old for underage drinking C. A 16 year-old cashier reports that her store has been robbed D. Police arrest a 13 year-old suspect for vandalism
Hypothetical (Slide 2 of 10) Which of these incidents is subject to section 58.008(b) of the Family Code? A. Parents report their 9 year-old son ran away B. Police arrest a 17 year-old for underage drinking C. A 16 year-old cashier reports that her store has been robbed D. Police arrest a 13 year-old suspect for vandalism
Hypothetical (Slide 3 of 10) Which of these individuals has a right of access to reports otherwise confidential under section 58.008(b)? A. A juvenile or criminal justice agency B. The child C. The child s parent or guardian D. All of the above
Hypothetical (Slide 4 of 10) Which of these individuals has a right of access to reports otherwise confidential under section 58.008(b)? A. A juvenile or criminal justice agency B. The child C. The child s parent or guardian D. All of the above
Hypothetical (Slide 5 of 10) An attorney representing the mother of a 14 year-old who was arrested for underage drinking requests the child s incident report. Does she have a right of access? A. Yes B. No
Hypothetical (Slide 6 of 10) An attorney representing the mother of a 14 year-old who was arrested for underage drinking requests the child s incident report. Does she have a right of access? A. Yes B. No
Hypothetical (Slide 7 of 10) In the same incident report, a 15 year-old classmate was also arrested. Can the classmate s information be released? A. Yes B. No
Hypothetical (Slide 8 of 10) In the same incident report, a 15 year-old classmate was also arrested. Can the classmate s information be released? A. Yes B. No
Hypothetical (Slide 9 of 10) For the same incident report and requestor, can other provisions of law be raised to withhold the report? A. Yes B. No
Hypothetical (Slide 10 of 10) For the same incident report and requestor, can other provisions of law be raised to withhold the report? A. Yes B. No
Section 261.201(a) of the Family Code (Slide 1 of 2) (a) Except as provided by Section 261.203, the following information is confidential, is not subject to the Act, and may be disclosed only for purposes consistent with the Family Code and applicable federal or state law or under rules adopted by an investigating agency: (1) a report of alleged or suspected abuse or neglect made under this chapter and the identity of the person making the report; and (2) except as otherwise provided in this section, the files, reports, records, communications, audiotapes, videotapes, and working papers used or developed in an investigation under this chapter or in providing services as a result of an investigation.
Section 261.201(a) of the Family Code (Slide 1 of 2) Abuse and neglect are defined in section 261.001 of the Family Code Investigation must be conducted by an agency authorized to conduct child abuse and neglect investigations. Section 101.003(a) defines child victim as under the age of 18 at the time of the alleged abuse or neglect.
Section 261.201(k) of the Family Code (k) Notwithstanding Subsection (a), an investigating agency, other than the Texas Department of Family and Protective Services or the Texas Juvenile Justice Department, on request, shall provide to the parent, managing conservator, or other legal representative of a child who is the subject of reported abuse or neglect, or to the child if the child is at least 18 years of age, information concerning the reported abuse or neglect that would otherwise be confidential under this section. The investigating information under this subsection if the parent, managing conservator, or other legal representative of the child requesting the information is alleged to have committed the abuse or neglect. agency shall withhold
Section 261.201(l) of the Family Code (l) Before a child or a parent, managing conservator, or other legal representative of a child may inspect or copy a record or file concerning the child under Subsection (k), the custodian of the record or file must redact: (1) any personally identifiable information about a victim or witness under 18 years of age unless that victim or witness is: (A) the child who is the subject of the report; or (B) another child of the parent, managing conservator, or other legal representative requesting the information; (2) any information that is excepted from required disclosure under Chapter 552, Government Code, or other law; and (3) the identity of the person who made the report.
Section 261.201(h) of the Family Code (h) This section does not apply to an investigation of child abuse or neglect in a home or facility regulated under Chapter 42, Human Resources Code. For example, daycare facilities These homes and facilities can be found on the Texas Department of Family and Protective Services website.
Tips When Raising Section 261.201 of the Family Code Explain whether the requested information consists of a report of or was used in a child abuse or neglect investigation or contains the identity of an individual who made a report of child abuse or neglect. Tell us the age of the child victim. Section 261.201 is a mandatory exception. Explain whether the requestor has a right of access. Other exceptions may still be raised.
Hypothetical (Slide 1 of 10) A sheriff s office received a request for information relating to alleged child abandonment involving a 5 year-old and a 7 year-old. The sheriff s office objects to the request by raising section 261.201. Has the sheriff s office raised this exception correctly? A. Yes B. No
Hypothetical (Slide 2 of 10) A sheriff s office received a request for information relating to alleged child abandonment involving a 5 year-old and a 7 year-old. The sheriff s office objects to the request by raising section 261.201. Has the sheriff s office raised this exception correctly? A. Yes B. No
Hypothetical (Slide 3 of 10) A police department received a request for information relating to alleged child abuse of a 2 year-old by an employee at a licensed daycare. The department objects to the request by raising section 261.201. Has the department raised this exception correctly? A. Yes B. No
