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