Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 1 - ORGANIZATION AND ADMINISTRATION › Subchapter D - MEDIA AND COMMUNICATIONS POLICIES › Section 1.52 - Release of Information in Criminal Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to the limitations outlined as
				  follows, department employees may respond to news media inquiries about
				  criminal investigations in which the department is involved.
(b) Release of information concerning
				  criminal investigations may be made only by the officers directly responsible
				  for the investigation, by the Public Information Office or designated public
				  information officer on the scene after consultation with the lead investigating
				  officers. Employees not involved as outlined in this subsection will refer all
				  news media inquiries to the appropriate personnel.
(c) When an investigation is being conducted
				  jointly with local officers, releases will be coordinated with them so as to
				  maintain proper working relationships. Every effort should be made in such
				  cases for releases to be handled by the sheriff or chief of police, if he so
				  desires.
(d) Once an arrest has
				  been made and primary responsibility for a case has shifted to the prosecutor,
				  news media inquiries should normally be referred to the appropriate county or
				  district attorney.
(e) The names of
				  offenders under age 17 should not normally be released. Guidance should be
				  sought from local juvenile authorities in cases involving juvenile
				  offenders.
(f) The following
				  information regarding criminal matters may not be released by members of this
				  department:
(1) the prior criminal record,
				  including arrests, indictments, or other charges of crime, or the character or
				  reputation of the accused, except that the officer may make a factual statement
				  of the accused's name, age, residence, occupation, and family status, and if
				  the accused has not been apprehended, may release any information necessary to
				  aid in his apprehension or to warn the public of any dangers he may present.
				  Nothing herein should be construed as limiting the right of the news media to
				  obtain and publish conviction data from court or public records;
(2) the existence or contents of any
				  confession, admission, or statement given by the accused, or the refusal or
				  failure of the accused to make any statement, except that the officer may
				  announce without further comment that the accused denies the charges made
				  against him;
(3) the details or
				  results of any laboratory examinations of evidence in the case, or the results
				  or failure of the accused to submit to any examination including polygraph.
				  This prohibition does not apply to results of blood alcohol concentration tests
				  (breath, blood or urine) or to the accused's failure to submit to such a
				  test;
(4) the identity, testimony,
				  or credibility of prospective witnesses, although the officer may announce the
				  identity of the victim unless the offense involved sexual contact;
(5) the possibility of a plea of guilty to
				  the offense charged or a lesser offense;
(6) any opinion as to the accused's guilt or
				  innocence or as to the merits of the case or the evidence in the
				  case;
(7) no member of this
				  department shall deliberately pose a person in custody for photographing or
				  televising by representatives of the news media. This does not limit the right
				  of the news media to photograph the person in custody, in a public place, and
				  on their own initiative.