 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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July 13, 2010 Ms. Evelyn W. Njuguna Assistant City Attorney City of Houston P.O. Box 368 Houston, Texas 77001-0368 OR2010-10403 Dear Ms. Njuguna: You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 386370. The Houston Police Department (the "department") received a request for tbooking photographs of individuals arrested during a specified time period, excluding juveniles, and the jail log. You claim the submitted information is excepted from disclosure under section of the Government Code. We have considered the exception you claim and reviewed the submitted information. (1) Section 552.108(a0(1) of the Government Code excepts from disclosure "[i]nformation held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime...if...release of the information would interfere with the detection, investigation, or prosecution of crime[.]" Gov't Code §§5523108(a)(1). A governmental body that claims an exception to disclosure under section 552.108 must reasonable explain how and why this exception is applicable to the information at issue. See id. §§ 552.108(a)(1),. 301(e)(1)(A); Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977). You state Exhibit 3 relates to an open criminal investigation. Based on your representations and our review of the information at issue, we conclude that the release of this booking photo would interfere with the detection, investigation, or prosecution of crime. See Houston Chronicle Publ'g Co. V. City of Houston, 531 S.W.2d 177 ( Tex. Civ. App.--Houston [14th Dist.] 1975), writ ref'd n.r.e. per curiam, 536 S. W.2d 559 ( Tex. 1976) ( court delineates law enforcement interests that are present in active cases). Thus, the department may withhold Exhibit 3 under section 552.108(a)(1). Section 552.108(a)(2) excepts from disclosure "[i]nformation held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime...if...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[.]" Gov't Code §552.1089a)(2). You state that Exhibit 2 relates to ca criminal investigation that did not result in conviction or deferred adjudication. Based on your representation and our review of the information at issue, we conclude that the department may withhold Exhibit 2 under section 552.108(a)(2). In Summary, the department may withhold Exhibit 3 under section 552.108(a0(1) of the Government Code and Exhibit 2 under 552.108(a)(2) of the Government Code. This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances. This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning those rights and responsibilities, please visit our website at http://www.oag.state.tx.us/open/index_orl.php, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act must be directed to the Cost Rules Administrator of the Office of the Attorney General, toll free at (888) 672-6787. Sincerely, Tamara H. Holland Assistant Attorney General Open Records Division THH/jb Ref: ID# 386370 Enc. Submitted documents c: Requestor (w/o enclosures) c: M (w/o enclosures)
1. We assume that the "representative sample" of records submitted ot this office is truly representative
of the requested records as a whole. See Open records Decision Nos. 499 ( 1988), 497 ( 1988). This open
records letter does not reach, and therefore does not authorize the withholding of, any other requested records
to the extent that those records contain substantially different types of information than that submitted to this
office. POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |