MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Wednesday, April 4, 2001 1:00 p.m. Capitol Extension, Room E1.028 ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Criminal Justice was held on Wednesday, April 4, 2001, in the Capitol Extension, Room E1.028, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Kenneth Armbrister None Senator John Whitmire Senator Teel Bivins Senator Mike Moncrief Senator Steve Ogden Senator Todd Staples Senator Royce West ***** The chair called the meeting to order at 1:40 p.m. There being a quorum present, the following business was transacted: The chair laid out SB1372 and recognized the author, Senator Moncrief, to explain the bill. Senator Moncrief sent up a committee substitute; the chair recognized Senator Moncrief to explain the difference between the committee substitute and the bill as filed. Senator Moncrief sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Moncrief moved that SB1372 be left pending; without objection, it was so ordered. The chair laid out SB840 and recognized the author, Senator Wentworth, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Moncrief moved that SB840 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 absent. Senator Moncrief moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bivins requested unanimous consent to be shown voting aye on SB840, without objection, it was so ordered. The chair laid out SB1047 and recognized the author, Senator Shapiro, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator West moved that SB1047 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bivins requested unanimous consent to be shown voting aye on SB1047, without objection, it was so ordered. The chair laid out SB85 and recognized the author, Senator Lucio, Jr., to explain the bill. Senator West sent up committee substitute A; the chair recognized Senator Lucio to explain the difference between the committee substitute and the bill as filed. Senator West then sent up committee substitute B; the chair recognized Senator Lucio to explain the difference between the committee substitute and the bill as filed. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. At 4:30 p.m. Senator Staples assumed the chair. At 4:35 p.m. Senator Armbrister resumed the chair. Senator Armbrister moved that SB85 be left pending; without objection, it was so ordered. The chair laid out SB850 and recognized the author, Senator Barrientos, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that SB850 be left pending; without objection, it was so ordered. The chair laid out SB536 and recognized Senator Whitmire, in the absence of the author, to explain the bill. Senator Whitmire sent up Committee Amendment 1. Hanna Leibman, Legislative Director for Senator Ellis explained Committee Amendment 1. Senator Whitmire moved adoption of Committee Amendment 1, without objection, it was so adopted. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Bivins requested unanimous consent to incorporate the amendment into a committee substitute; without objection, it was so ordered. Senator Bivins then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Whitmire moved that SB536 do not pass but that CSSB536 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 1 nay, 0 present not voting, and 1 absent. Senator Ogden requested unanimous consent to change his nay vote to aye, without objection, it was so ordered. The chair laid out SB1221 and recognized the author, Senator Whitmire, to explain the bill. Senator Whitmire sent up a committee substitute; the chair recognized Senator Whitmire to explain the difference between the committee substitute and the bill as filed. Senator Whitmire moved adoption of the committee substitute; without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. At 6:10 p.m. Senator Moncrief assumed the chair. At 6:20 p.m. Senator Armbrister resumed the chair. Senator Whitmire moved that SB1221 be left pending; without objection, it was so ordered. The chair laid out SB1202 and recognized Senator West, in the absence of the author, to explain the bill. Senator West sent up a committee substitute; the chair recognized Senator West to explain the difference between the committee substitute and the bill as filed. Senator West moved adoption of the committee substitute; without objection, it was so ordered. Senator West moved that SB1202 do not pass but that CSSB1202 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Bivins and Moncrief requested unanimous consent to be shown voting aye on SB1202, without objection, it was so ordered. The chair brought up SB1304 from pending business. Senator Whitmire sent up a committee substitute; the chair recognized Senator Whitmire to explain the difference between the committee substitute and the bill as filed. Senator Whitmire moved adoption of the committee substitute; without objection, it was so ordered. Senator Whitmire moved that SB1304 do not pass but that CSSB1304 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Bivins and Moncrief requested unanimous consent to be shown voting aye on SB1304, without objection, it was so ordered. The chair laid out SB680 and SJR 25 and recognized the author, Senator Shapleigh, to explain both bills. Witnesses testifying and registering on the bills are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that SB680 and SJR25 be left pending; without objection, it was so ordered. The chair laid out SB1570 and recognized the author, Senator West, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator West moved that SB1570 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair brought up SB1295 from pending business. Senator Whitmire sent up a committee substitute; the chair recognized Senator Whitmire to explain the difference between the committee substitute and the bill as filed. Senator Whitmire moved adoption of the committee substitute; without objection, it was so ordered. Senator Whitmire moved that SB1295 do not pass but that CSSB1295 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Moncrief requested unanimous consent to be shown voting aye on SB1295, without objection, it was so ordered. At 10:30 p.m. Senator Whitmire assumed the chair. The chair laid out SB1345 and recognized the author, Senator Armbrister, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator West moved that SB1345 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senators Bivins and Moncrief requested unanimous consent to be shown voting aye on SB1345, without objection, it was so ordered. At 10:40 p.m. Senator Armbrister resumed the chair. The chair laid out SB1033 and recognized Senator Staples, in the absence of the author, to explain the bill. Senator Staples sent up a committee substitute; the chair recognized Senator Staples to explain the difference between the committee substitute and the bill as filed. Senator Staples moved adoption of the committee substitute; without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Staples moved that SB1033 do not pass but that CSSB1033 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Moncrief requested unanimous consent to be shown voting aye on SB1033, without objection, it was so ordered. Senator Staples moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB1608 and recognized the author, Senator Staples, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Staples moved that SB1608 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senators Bivins and Moncrief requested unanimous consent to be shown voting aye on SB1608, without objection, it was so ordered. There being no further business, at 10:40 p.m. Senator Armbrister moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered. ______________________ Senator Kenneth Armbrister, Chair ______________________ Kelly C. Gilbert, Clerk