Please check out HB1960 (Stacy - JB -are you there?). It appears to have the effect of giving the juvenile and his parents the right to inspect and copy the "law enforcement files and records concerning a child".

There is an amendment recently added, that requires references to suspects, offenders, victims, or witnesses to be redacted. They are going to know who the victim is because the name will be in the pleadings. Now they will know what the victim said to the authoritites.

Most juveniles could look at such a report and know who "told" on them or gave information to the authorities. It's not a good idea to give this to a juvenile because juvenile lack maturity and judgement and would be more prone to seek out and confront those people. Some juveniles - and their parents - aren't "nice" people and would seek to intimidate (or worse) those people who they see as helping the authorities.

What on earth is the legislature trying to do? We don't give adult offenders a copy of the offense report. I have personally handled a case where the juvenile sought out and killed a person he believed would be a witness against him and another case where a juvenile killed his stepmother because she told the school authorities he had marijuana. And we all have problems when the juvenile's fellow gang members try to influence the witnesses.

I am worried about the consequences of sharing this information so freely with those who may lack judgement and self control. What do you all think?

This reminds me of JBs post from yesterday. We are revisiting the law as it was 10+ years ago when we did civil discovery in the juvenile unit.

I agree with you totally Kris. I never give police reports to the defense in juvi cases and especially don't give addresses or identifiers unless ordered by the court. I have no problem with the defense talking to my witness but I think if necessary it needs to be done in a manner that provides for the safety of the witness.

I have worked in counties where the juvi PO gave everything in their file to the defense inluding offense reports with identifying info (over my protests).

Its hard enough in Gregg County to get witnesses to come forward now (I'm always amazed how 30 kids can all be in the bathroom at the same time !).

The bill says:

(j) Before a child or a child's parent or guardian may inspect or copy a record or file concerning the child under Subsection (e), the custodian of the record or file shall redact:
(1) any reference in the record or file to a 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 other law.

http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=HB1960

I think that under TGC 552.108 the stuff you are worried about would not be subject to disclosure:


§ 552.108. Exception: Certain Law Enforcement, Corrections, and Prosecutorial Information.


(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;
(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;
(3) it is information relating to a threat against a peace officer or detention officer collected or disseminated under Section 411.048; or
(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.

(b) An internal record or notation of a law enforcement agency or prosecutor that is maintained for internal use in matters relating to law enforcement or prosecution is excepted from the requirements of Section 552.021 if:

(1) release of the internal record or notation would interfere with law enforcement or prosecution;
(2) the internal record or notation relates to law enforcement only in relation to an investigation that did not result in conviction or deferred adjudication; or
(3) the internal record or notation:
(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.

(c) This section does not except from the requirements of Section 552.021 information that is basic information about an arrested person, an arrest, or a crime.

Wouldn't release of this information interfere with investigation and prosecution? Tex. Atty. Gen. Open Records Letter OR-2001-6133 (2001) (incident report involving juvenile suspect not subject to disclosure under Public information Act even if name of juvenile withheld)

I think this bill is in response to Attorney General opinions that juveniles cannot get any of their records. Op. Tex. Att'y Gen. Letter Opinion 2732 (2005).

[This message was edited by david curl on 05-15-07 at .]

Thats the way I would read that section too, but my guess is that not all defense attorneys/Judges will read it that way. Does that mean that we will have to show how it will be detrimental to the prosecution each time the request is made to law enforcement ?? Is that going to be a ? for the AG like an open records request or for the juvi judge to decide. I can hear the argument by the defense now...but Judge if police reports are excluded under Section 552 that would make the new section meaningless so that couldn't be what the leg intended.

Am I making this more complicated than it is ???

Thanks for the great responses!

David, what about after the whole case was over with. The juvenile finished his deferred prosecution or his probation or his term at placement and his case is ended. Can he come back and get the offense report then? It looks like it.

I guess we will be redacting from now until Christmas! Or maybe it won't be us - maybe the request will go to the law enforcement agency and it will be up to them at that point.

I guess I am naive, or maybe just dumb, but I give the defense a copy of the offense report in every case. I figure they are entitled to it, and I do not want to have to go through the rigamarole of them getting a court order to see it. I also give a copy to the juvenile if we have a detention hearing without an attorney having been appointed or hired at that time.

We rarely have problems with witnesses showing up, although when we have had problems, it is usually parents who don't want their kid to be threatened or beaten up by the respondent following their testimony. If that were to happen, I would file a case for retaliation and ask to send the juvenile straight to TYC.

I will say, however, I do not favor having to provide the juvenile and his or her parents with the offense report if they are represented by an attorney. Would the exemption for information relating to the investigation and prosecution of crimes not apply to this information?

Jim,

Having been in a small jurisdiction before myself I understand not going through the court process on every case, especially when everyone in town knows everything about the case probably before you do. My main concern is being forced in every case to turn over the offense report even in cases where I have concerns about how the information is going to be used.

Your question is my main concern, I think the way the new section is drafted it leaves an opening for that information not to be excluded and also leaves a question as to who decides if it should be excluded or not, will it be the AG, will it be the juvi court, will it be before the case is concluded or after ?? The court already has the ability to turn over whatever court records he wants (or the juvi shows good cause for) so why do we even need this section. If the juvi or his parents want a copy then let them file a motion to release the records JUST LIKE OUR VICTIMS HAVE TO !

Do you think that this changes anything about the availability of our files to the public. The amendment says that it is still subject to the Public Information Act, which to my understanding allows me to refuse entry into my files to PIA requestors. Also, it seems to me that the work product privilege exempts much of my file from prying eyes as well.

Nonetheless, I have contacted my Senator, who is on the Jurisprudence Committee, and asked him to vote no.

It shouldn't. Last text of the bill that I saw only added juvi and parent to subsection (e) of 58.007.

One of my colleagues has pointed out that Sec. 61.102 in the family code gives the parent the right to be informed of extensive information concerning the offense.
SEE: � 61.102. RIGHT TO BE INFORMED OF PROCEEDING. (a) The parent of a child referred to a juvenile court is entitled as soon as practicable after the referral to be informed by staff designated by the juvenile board, based on the information accompanying the referral to the juvenile court, of:
(1) the date and time of the offense;
(2) the date and time the child was taken into custody;
(3) the name of the offense and its penal category;
(4) the type of weapon, if any, that was used;
(5) the type of property taken or damaged and the
extent of damage, if any;
(6) the physical injuries, if any, to the victim of the offense;
(7) whether there is reason to believe that the offense was gang-related;
(8) whether there is reason to believe that the offense was related to consumption of alcohol or use of an illegal
controlled substance;
(9) if the child was taken into custody with adults or other juveniles, the names of those persons;
(10) the aspects of the juvenile court process that apply to the child;
(11) if the child is in detention, the visitation policy of the detention facility that applies to the child;
(12) the child's right to be represented by an attorney and the local standards and procedures for determining whether the parent qualifies for appointment of counsel to represent the child;
and
(13) the methods by which the parent can assist the child with the legal process.

It also appears to me that some of the provisions in Sec. 61.102 are at odds with the provisions in the proposed bill.

What is expected to be accomplished by giving the juvenile and his parents a copy of the offense report? I'm still puzzled.