Tex. Code Crim. Proc. art. 38.33

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 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 deferred adjudication community supervision under Subchapter C, Chapter 42A, 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 deferred adjudication community supervision. 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.

Tex. Code Crim. Proc. § 38.33

Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 770,Sec. 2.09, eff. 1/1/2017.

Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 7.01, eff. 12/1/1991.

Amended by Acts 1987, 70th Leg., ch. 721, Sec. 1, eff. 9/1/1987. Sec. 1 amended by Acts 1989, 71st Leg., ch. 603, Sec. 1, eff. 9/1/1989

Added by Acts 1979, 66th Leg., p. 1851, ch. 751, Sec. 1, eff. 9/1/1979. Sec. 1 amended by Acts 1983, 68th Leg., p. 1586, ch. 303, Sec. 7, eff. 1/1/1984.