Texas Code of Criminal Procedure - Article 38.33. Preservation And Use Of Evidence Of Certain Misdemeanor Convictions
Legal Research Home >
Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 38.33. Preservation And Use Of Evidence Of Certain Misdemeanor Convictions
Art. 38.33. PRESERVATION AND USE OF EVIDENCE OF CERTAIN
MISDEMEANOR CONVICTIONS. Sec. 1. The court shall order that a
defendant who is convicted of a felony or a misdemeanor offense that
is punishable by confinement in jail have a thumbprint of the
defendant's right thumb rolled legibly on the judgment or the
docket sheet in the case. The court shall order a defendant who is
placed on probation under Section 5 of Article 42.12, Code of
Criminal Procedure, for an offense described by this section to
have a thumbprint of the defendant's right thumb rolled legibly on
the order placing the defendant on probation. If the defendant does
not have a right thumb, the defendant must have a thumbprint of the
defendant's left thumb rolled legibly on the judgment, order, or
docket sheet. The defendant must have a fingerprint of the
defendant's index finger rolled legibly on the judgment, order, or
docket sheet if the defendant does not have a right thumb or a left
thumb. The judgment, order, or docket sheet must contain a
statement that describes from which thumb or finger the print was
taken, unless a rolled 10-finger print set was taken. A clerk or
bailiff of the court or other person qualified to take fingerprints
shall take the thumbprint or fingerprint, either by use of the
ink-rolled print method or by use of a live-scanning device that
prints the thumbprint or fingerprint image on the judgment, order,
or docket sheet.
Sec. 2. This article does not prohibit a court from including
in the records of the case additional information to identify the
defendant.
Added by Acts 1979, 66th Leg., p. 1851, ch. 751, Sec. 1, eff. Sept.
1, 1979. Amended by Acts 1983, 68th Leg., p. 1586, ch. 303, Sec. 7,
eff. Jan. 1, 1984; Acts 1987, 70th Leg., ch. 721, Sec. 1, eff. Sept.
1, 1987; Acts 1989, 71st Leg., ch. 603, Sec. 1, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 7.01, eff. Dec. 1,
1991.
Article: 38.22 38.23 38.25 38.27 38.30 38.31 38.32 38.33 38.34 38.35 38.36 38.37 38.38 38.39 38.40
Last modified: August 11, 2007
|
