Opinion No.
Background
- Townsend, Executive Director of the Texas Youth Commission (TYC), requests guidance on article 15.27, Code of Criminal Procedure, as applied to school enrollment transfers.
- Scenario involves a parolee from the TYC who newly enrolls in a school district.
- Article 15.27(c) requires TYC to notify district within 24 hours of transfer/reenrollment about arrests/referrals, and similarly for convictions/adjudications.
- Subsection (c) incorporates subsections (a) and (b); (a) governs arrest/referral notices and (b) governs conviction/adjudication notices.
- Subsection (a) requires oral notice within 24 hours and written notice within seven days, with details to enable evaluation of felony-related conduct; (b) requires oral notice within 24 hours and written notice within seven days, including the offense statement and sex-offender registration status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What constitutes a 'statement of the offense' under 15.27(b) | Townsend: a 'statement of offense' may be satisfied by the crime name. | TYC: must describe the offense beyond mere naming; include discernible description. | A 'statement of offense' describes the offense in a discernible manner, not merely the charge name. |
| Whether 15.27(b) allows information beyond the offense statement | Townsend seeks additional information similar to (a) details. | TYC is limited to the 'statement of offense' and sex-offender status. | TYC is not required to furnish information beyond the offense statement and sex-offender status. |
| Applicability of Attorney General DM-294 to the 15.27 notices | Townsend argues DM-294 applies to arrest information. | DM-294 pertains to arrests, not conviction/adjudication notices. | DM-294 applies to arrest information but not to conviction/adjudication notices under 15.27(b). |
Key Cases Cited
- Garcia v. State, 228 S.W.3d 703 (Tex. App.—Houston [14th Dist.] 2005) (definition of 'statement about the offense' for purposes of statute varies from bare labeling)
- Thomas v. State, 1 S.W.3d 138 (Tex. App.—Texarkana 1999) (supports discernible description of offense beyond mere conduct)
- United States v. Moore, 997 F.2d 30 (5th Cir. 1993) (illustrates that offense may include relevant conduct beyond indictment)
- Texas v. Cobb, 532 U.S. 162 (U.S. 2001) (definition of 'offense' includes relevant conduct beyond charging document)