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Public Records

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July 06, 2006, 12:47
Gordon LeMaire
Public Records
I have a records request from an ISD.

They are asking for all reports, charges, or statements dealing with x, y, and z. (Three 17 y/o males).

As I read Govt. Code 552.108 the only info I am required to give is the basic arrest info.

Am I right?

Just to throw in an extra twist, they have not been arrested on the charges, as yet.

(BTW they are charged with cattle theft)
July 06, 2006, 13:36
Boyd Kennedy
General rule is you have to give them everything they ask for unless you have an a.g. opinion saying otherwise. So unless the a.g. has made a prior determination as to the same records, you need to request an a.g. opinion within 10 business days of receiving the request, asserting the exceptions you think apply. 552.108 and 552.103 (anticipated litigation) come to mind.

Since no arrest has been made, you may be able to convince the a.g. that release of any info would interfere with investigation and prosecution of the crime.
July 07, 2006, 14:13
J Grace
To whom is the request directed? To the County? To the prosecutor?