In Re MAH

20 S.W.3d 860, 2000 Tex. App. LEXIS 4072, 2000 WL 924707
CourtCourt of Appeals of Texas
DecidedJune 15, 2000
Docket2-99-048-CV
StatusPublished

This text of 20 S.W.3d 860 (In Re MAH) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re MAH, 20 S.W.3d 860, 2000 Tex. App. LEXIS 4072, 2000 WL 924707 (Tex. Ct. App. 2000).

Opinion

20 S.W.3d 860 (2000)

In the Matter of M.A.H.

No. 2-99-048-CV.

Court of Appeals of Texas, Fort Worth.

June 15, 2000.

*861 Dean M. Swanda, Arlington, for Appellant.

*862 Tim Curry, Crim. Dist. Atty., Charles M. Mallin, Michael R. Casillas, Karen Lynn, Asst. Crim. Dist. Attys., Fort Worth, for Appellee.

Panel F: CAYCE, C.J.; DAY and LIVINGSTON, JJ.

OPINION ON REHEARING

PER CURIAM.

We grant M.A.H.'s motion for rehearing. We withdraw our April 20, 2000 opinion and judgment and substitute the following.

After a hearing before the court, the trial court found that M.A.H., a juvenile, engaged in delinquent conduct by committing two instances of indecency with a child. As a result, M.A.H. was required to register as a sex offender pursuant to the Texas Sex Offender Registration Program under chapter 62 of the code of criminal procedure. See Tex. Code Crim. Proc. Ann. art. 62.01(5)(H) (Vernon Supp.2000). On appeal, M.A.H. complains the Sex Offender Registration Program violates his constitutional rights to due process and equal protection of the laws. We will affirm.

TEXAS STATUTORY SCHEME

Pursuant to the relevant provisions of the Texas Sex Offender Registration Program, a person with a reportable conviction or adjudication for certain sex-related offenses must register with the local law enforcement authority where he resides or intends to reside for more than seven days. See id. art. 62.02(a). Registration requires an offender to provide, among other information, his full name, date of birth, sex, race, physical description, social security number, driver's license number, home address, photograph, and fingerprints. See id. art. 62.02(b). After registration, the authority must send a copy of the registration form to the Department of Public Safety (DPS). See id. art. 62.02(c).

If the victim is younger than 17 years of age and the basis on which the offender is subject to registration is not an adjudication of delinquent conduct, the authority must immediately publish notice in the most widely circulated newspaper in the area. See id. art. 62.03(e). Because appellant received an adjudication of delinquent conduct, this provision does not apply to him. If the victim is younger than 17 years of age, regardless of the basis on which the offender is subject to registration, the authority must immediately provide notice by mail to the superintendent of the public school district and to the administrator of any private primary or secondary school located in the district in which the offender intends to reside. See id. The notice may include any information the authority determines is necessary to protect the public, except the offender's social security number, driver's license number, or telephone number, and any information that would identify the victim. See id. art. 62.03(g). Upon receipt of the notice, the superintendent must disclose the information contained in the notice to appropriate school district personnel, including peace officers and security personnel, principals, nurses, and counselors. See id. art. 62.03(e).

The program also requires that DPS maintain a computerized central database containing the information required for registration. See id. art. 62.08(a). The information contained in the database is public information, available upon written request. See id. art. 62.08(b)-(c). Public information does not include the offender's social security number, driver's license number, and telephone number. See id. art. 62.08(b). DPS and local law enforcement are immune from liability for damages arising from release of public information. See id. art. 62.09.

A juvenile offender must comply with registration requirements until either ten years from the date of the disposition of his case or ten years from the date of his completion of the terms of the disposition, whichever is later. See id. art. 62.12(b)(1). Failure to comply with the registration *863 requirements is punishable as a criminal offense. See id. art. 62.10.

LEGISLATIVE INTENT

The State provides proof that in enacting the current registration and notification plan, the legislature considered the unique threat sex offenders present to public safety, the high rate of recidivism among sex offenders, the low incidence of rehabilitation among sex offenders, and that sexual misconduct often begins as a juvenile. The State provides further proof that the legislature's goal in passing the registration and notification provisions was to advance public safety objectives by facilitating law enforcement's monitoring of sex offenders and by alerting members of the public who may be in an especially vulnerable situation to take appropriate precautions which could deter or prevent further crimes.

DUE PROCESS

Appellant raises his due process claims in points one through three. Specifically, he contends the Sex Offender Registration Program, as applied to him, violates his due process rights under the Texas Constitution because (1) it requires notification without any preliminary determination that he constitutes a continuing threat to society, (2) it does not restrict the dissemination of information to law enforcement services only, and (3) it does not provide a procedural mechanism to exempt him.

Appellant appears to rely on both due process provisions of the state constitution in support of his argument under these points. See Tex. Const. art. 1, §§ 13, 19. The "open courts" provision found in article 1, section 13 provides in relevant part: "All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law." Id. art. 1, § 13. The "due course of law" provision found in article 1, section 19 states: "No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land." Id. art. 1, § 19.

The due course of law clause provides general guaranties of due process and is regarded as the traditional due process guaranty. See Odak v. Arlington Mem'l Hosp. Found., 934 S.W.2d 868, 871 (Tex.App.-Fort Worth 1996, writ denied). The open courts provision provides a specific guaranty of right of access to the courts, and is implicated only where a party shows that he has a well-recognized common law cause of action that is being restricted and that such restriction is unreasonable or arbitrary when balanced against the statute's purpose. See Moreno v. Sterling Drug, Inc., 787 S.W.2d 348, 355 (Tex.1990); Odak, 934 S.W.2d at 871.

We agree with the State that appellant fails to identify any common law action to which the open courts provision applies in his first three points. Thus, to the extent appellant relies on the open courts provision in points one through three, his points are overruled. Our analysis of appellant's due process complaints is therefore predicated on the general due course of law clause.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kramer v. Union Free School District No. 15
395 U.S. 621 (Supreme Court, 1969)
Roe v. Wade
410 U.S. 113 (Supreme Court, 1973)
Paul v. Davis
424 U.S. 693 (Supreme Court, 1976)
City of Cleburne v. Cleburne Living Center, Inc.
473 U.S. 432 (Supreme Court, 1985)
Nos. 96-5132, 96-5416
119 F.3d 1077 (Third Circuit, 1997)
Texas Workers' Compensation Commission v. Garcia
893 S.W.2d 504 (Texas Supreme Court, 1995)
Lanni v. Engler
994 F. Supp. 849 (E.D. Michigan, 1998)
Moreno v. Sterling Drug, Inc.
787 S.W.2d 348 (Texas Supreme Court, 1990)
Odak v. Arlington Memorial Hospital Foundation
934 S.W.2d 868 (Court of Appeals of Texas, 1996)
Alford v. City of Dallas
738 S.W.2d 312 (Court of Appeals of Texas, 1987)
City of Irving v. Dallas/Fort Worth International Airport Board
894 S.W.2d 456 (Court of Appeals of Texas, 1995)
Ex Parte Smith
849 S.W.2d 832 (Court of Appeals of Texas, 1992)
Schneider v. State
951 S.W.2d 856 (Court of Appeals of Texas, 1997)
HL Farm Corp. v. Self
877 S.W.2d 288 (Texas Supreme Court, 1994)
Sonnier v. State
913 S.W.2d 511 (Court of Criminal Appeals of Texas, 1996)
City of Sherman v. Henry
928 S.W.2d 464 (Texas Supreme Court, 1996)
Smith v. State
898 S.W.2d 838 (Court of Criminal Appeals of Texas, 1995)
Doe v. Pataki
3 F. Supp. 2d 456 (S.D. New York, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
20 S.W.3d 860, 2000 Tex. App. LEXIS 4072, 2000 WL 924707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mah-texapp-2000.