MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Tuesday, February 11, 1997
9:00 am
Capitol Extension, Room E1.012
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, an open meeting of the Senate Committee on Criminal
Justice was held on Tuesday, February 11, 1997 in the Capitol
Extension, Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator John Whitmire
Senator Florence Shapiro
Senator Robert Duncan
Senator Jane Nelson
Senator Jerry Patterson
Senator Eliot Shapleigh
Senator Royce West
*****
The Chair called the meeting to order at 9:10 am. The
following business was transacted.
The following members arrived after the roll was called:
Senator Florence Shapiro
Senator Robert Duncan
Senator Jerry Patterson
Senator Eliot Shapleigh
The Chair laid out SB 114 and recognized the author, Senator
Brown, to explain the bill.
Ken Anderson, representing self, testified on the bill.
At 9:45 am Senator Shapleigh assumed the chair.
John Davis, representing El Paso District Attorney's Office,
testified in favor of the bill.
At 10:16 am Senator Whitmire assumed the chair.
Sherri Wallace, representing Dallas County District Attorney's
Office, testified in favor of the bill.
Sterlene Donahue, representing Justice for All, testified in
favor of the bill.
Nell Myers, representing self, testified in favor of the bill.
Ellen Davidson, representing Justice for All, testified in
favor of the bill.
George Klagis, representing Justice for All, testified in
favor of the bill.
Glen White, representing Dallas Police Association, registered
but did not testify in favor of the bill.
Joe Anderson, representing Justice for All, registered but did
not testify in favor of the bill.
Ardis Anderson, representing Justice for All, registered but
did not testify in favor of the bill.
Hans Marticiuc, representing Houston Police Officers Union,
registered but did not testify in favor of the bill.
David Schulman, representing Schulman & Krug Law Firm,
testified in opposition to the bill.
David Botsford, representing Texas Criminal Defense Lawyers
Association, testified in opposition to the bill.
Terrence Kirk, representing Texas Criminal Defense Lawyers
Association, testified in opposition to the bill.
Senator Whitmire moved that SB 114 be left pending for ten
minutes; without objection, it was so ordered.
The Chair laid out SB 185 and recognized the author, Senator
Shapiro, to explain the bill.
Sherri Wallace, representing Dallas County District Attorney's
Office, testified in favor of the bill.
Thomas Martin, representing Texas Police Chiefs Association,
registered but did not testify in favor of the bill.
Carlena R. Friddle, representing self, testified in favor of
the bill.
Senator Shapiro moved that SB 185 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 7 ayes, 0 nays, 0
present not voting, and 0 absent.
Senator Shapiro requested unanimous consent to certify the
bill for Local & Uncontested Calendar; without objection, it
was so ordered.
The Chair laid out SB 188 and recognized Senator Patterson, in
the absence of the author, to explain the bill.
Senator Patterson sent up a committee substitute; the Chair
recognized Senator Patterson to explain the difference between
the committee substitute and the bill as filed. Senator
Patterson moved that the committee substitute be adopted;
without objection it was so ordered.
Wayne Scott, representing Texas Department of Criminal,
testified on the bill.
Thomas A. Martin, representing Texas Police Chiefs
Association, testified in favor of the bill.
Carlos Carrasco, representing American Federation State County
Municipal Employees, registered but did not testify in favor
of the bill.
Senator Patterson moved that SB 188 do not pass but that CSSB
188 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.
Senator Patterson requested unanimous consent to certify the
bill for Local & Uncontested Calendar; without objection, it
was so ordered.
The Chair laid out SB 329 and recognized the author, Senator
Brown, to explain the bill.
Glenn M. White, representing Dallas Police Association,
registered but did not testify in favor of the bill.
Shanna Igo, representing Texas Municipal League, registered
but did not testify in favor of the bill.
Mark Clark, representing Combined Law Enforcement Associations
of Texas, registered but did not testify in favor of the bill.
Hans Marticiuc, representing Houston Police Officers Union,
registered but did not testify in favor of the bill.
Thomas A. Martin, representing Texas Police Chiefs
Association, registered but did not testify in favor of the
bill.
Steve Lyons, representing Houston Police Department ,
registered but did not testify in favor of the bill.
James Parnell, representing Dallas Police Association,
registered but did not testify in favor of the bill.
Senator Nelson moved that SB 329 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 6 ayes, 0 nays, 1
present not voting, and 0 absent.
Senate Bill 114 being previously laid out was taken up.
Senator Shapleigh sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Nelson moved that SB 114, as amended, be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 6 ayes, 1 nay, 0
present not voting, and 0 absent.
Senator Nelson requested unanimous consent to incorporate
amendment number one into the bill; without objection it was
so ordered.
Senator Whitmire moved that consideration of Senate Bill 319
be postponed; without objection it was so ordered.
There being no further business, at 11:42 am Senator Nelson
moved that the Committee stand recessed subject to the call of
the Chair. Without objection, it was so ordered.
______________________
Senator John Whitmire, Chair
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Diana Lolley, Clerk