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June 28, 1999

Mr. Todd Sellars
Assistant City Attorney
City of Kerrville
800 Junction Highway
Kerrville, Texas 78028-5069

OR99-1790

Dear Mr. Sellers:

You have asked whether certain information is subject to required public disclosure under the Open Records Act, chapter 552 of the Government Code. Your request was assigned ID# 126885.

The Kerrville Police Department received a request for the name of a convicted sex offender. You are concerned that release of the name of the sex offender could identify the juvenile victim and violate that victim's right to privacy. Article 62.02(b) of the Code of Criminal Procedure requires that the registration form on convicted sex offenders include the following information:

    (1) the person's full name, each alias, date of birth, sex, race, height, weight, eye color, hair color, social security number, driver's license number, shoe size, and home address;

    (2) a photograph of the person and a complete set of the person's fingerprints;

    (3) the type of offense the person was convicted of, the age of the victim, the date of conviction, and the punishment received;

    (4) an indication as to whether the person is discharged, paroled, or released on juvenile probation, community supervision, or mandatory supervision; and

    (5) any other information required by the department.

Article 62.08 provides that all of the information contained in the registration database is public except for information that would identify the victim, photographs of the registrant, or information regarding the registrant's social security number, driver's license number, numeric street address, or telephone number. In Open Records Decision No. 645 (1996), this office addressed the release of information concerning registered sex offenders. We concluded that the information contained on a sex offender registration form is public and must be disclosed except for information that on its face directly reveals the victim's identity or that discloses the registrant's photograph, social security number, driver's license number, numeric street address, and telephone number.

The name of the offender is public under article 62.08 and must be released pursuant to that statute.

We are resolving this matter with this informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts presented to us in this request and may not be relied upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.

Sincerely,

Ruth H. Soucy
Assistant Attorney General
Open Records Division

RHS/ch

Ref.: ID# 126885

cc: Ms. Sue C. Shryock
723 Ottilie
Kerrville, Texas 78028  

POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US
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