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A BILL TO BE ENTITLED
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AN ACT
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relating to the evidentiary use of certain judgments, orders, and |
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docket sheets in a criminal case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 38.33, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 38.33. PRESERVATION AND USE OF CERTAIN COURT DOCUMENTS |
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AS EVIDENCE [OF CERTAIN MISDEMEANOR CONVICTIONS]. (a) A [Sec. 1.
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The] court other than a justice or municipal court shall order that |
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a defendant in a criminal action [who is convicted of a felony or a
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misdemeanor offense that is punishable by confinement in jail] have |
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the defendant's right [a] thumbprint or another of the defendant's |
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fingerprints [of the defendant's right thumb] rolled legibly on the |
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judgment, order, or [the] docket sheet in the case. [The court
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shall order a defendant who is placed on probation under Section 5
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of Article 42.12, Code of Criminal Procedure, for an offense
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described by this section to have a thumbprint of the defendant's
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right thumb rolled legibly on the order placing the defendant on
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probation. If the defendant does not have a right thumb, the
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defendant must have a thumbprint of the defendant's left thumb
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rolled legibly on the judgment, order, or docket sheet. The
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defendant must have a fingerprint of the defendant's index finger
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rolled legibly on the judgment, order, or docket sheet if the
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defendant does not have a right thumb or a left thumb.] The |
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judgment, order, or docket sheet must contain a statement that |
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specifies the [describes from which] thumb or finger from which the |
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print was taken[, unless a rolled 10-finger print set was taken. A
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clerk or bailiff of the court or other person qualified to take
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fingerprints shall take the thumbprint or fingerprint, either by
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use of the ink-rolled print method or by use of a live-scanning
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device that prints the thumbprint or fingerprint image on the
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judgment, order, or docket sheet]. The court may include in the |
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records of the case additional information to identify the |
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defendant. |
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(b) A document authenticated in accordance with Subsection |
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(a) is admissible in any criminal proceeding unless the document is |
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void or has been set aside or otherwise withdrawn. |
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(c) On introduction and admission into evidence of a |
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document showing the name of the defendant and authenticated in |
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accordance with Subsection (a), a presumption exists that the |
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person named in the document and the defendant are the same person. |
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The presumption exists only if the name appearing on the document is |
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identical or substantially similar to the name of the defendant. |
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Notice of intent to introduce evidence authenticated under this |
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article shall be provided to the opposing party not later than the |
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20th day before the date the trial begins. |
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(d) A party may rebut the presumption under Subsection (c) |
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by filing, not later than the 10th day before the date the trial |
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begins, under oath subject to the penalty for perjury, a statement |
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denying that the defendant is the person named in the document or |
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otherwise providing a factual basis why the document should not be |
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used as evidence in the case, including, if applicable, the fact |
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that the document is void or was set aside or otherwise withdrawn. |
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[Sec. 2. This article does not prohibit a court from
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including in the records of the case additional information to
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identify the defendant.] |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2007. |