Untitled Texas Attorney General Opinion
GA-0860
| Tex. Att'y Gen. | Jul 2, 2011Background
- TYC must provide information to a public school district under article 15.27(b) when a parolee enrolled in a new district and is convicted or adjudicated; subsection (c) requires notice within 24 hours of transfer for conviction/adjudication, incorporating subsection (a) or (e)(2) for private schools as applicable; subsection (a) involves oral notice within 24 hours and a written notice within seven days detailing the offense and related information; the question is what constitutes a valid
- TYC interpretation addresses what constitutes a
- this Office previously held in DM-294 that arrest information is covered but not the conviction/adjudication notice; the opinion analyzes whether a concise
- the opinion also considers whether the request for additional information beyond the statutorily described
- the opinion clarifies that a
- the opinion applies only to conviction/adjudication notices under 15.27(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What is a valid 'statement of the offense' under 15.27(b)? | Townsend seeks broader information beyond the offense statement. | TYC's duty is limited to the 'statement of the offense' as construed. | A statement of the offense must describe the offense in a discernible manner. |
| Can districts demand information beyond the 'statement of offense' under 15.27(b)? | Requests for additional information are beyond 15.27(b). | Only the offense statement and sex-offender flag are required. | No; 15.27(b) does not require extra information. |
| Is Attorney General DM-294 applicable to conviction notices under 15.27(b)? | DM-294 governs arrest information. | DM-294 does not apply to conviction/adjudication notices. | DM-294 applies to arrest information, not conviction/adjudication notices. |
Key Cases Cited
- Garcia v. State, 228 S.W.3d 703 (Tex. App.—Hou. [14th Dist.] 2005) (definition of 'statement about the offense' must describe the offense discernibly)
- Garcia v. State, 792 S.W.2d 88 (Tex. Crim. App. 1990) (earlier articulation of 'statement about the offense' concept)
- Texas v. Cobb, 532 U.S. 162 (U.S. 2001) (offense definition may include relevant conduct beyond indictment)
- United States v. Moore, 997 F.2d 30 (5th Cir. 1993) (definition of 'offense' includes relevant conduct)