MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Wednesday, April 18, 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 18, 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 1:15 p.m. There being a quorum present, the following business was transacted: The chair laid out SB106 and recognized the author, Senator Cain, 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 SB106 be left pending; without objection, it was so ordered. The chair laid out SB1110 and recognized the author, Senator Barrientos, to explain the bill. Senator Moncrief sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Whitmire requested unanimous consent to incorporate the amendment into a committee substitute; without objection, it was so ordered. Senator Whitmire then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Moncrief moved that SB1110 do not pass but that CSSB1110 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, 0 nay, 0 present not voting, and 2 absent. Senator Staples requested unanimous consent to be shown voting aye on SB1110, without objection, it was so ordered. There were no witnesses on SB1110. The chair laid out SB1270 and recognized the author, Senator Bernsen, 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 SB1270 be reported favorably 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 West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Bivins and Staples requested unanimous consent to be shown voting aye on SB1270, without objection, it was so ordered. The chair laid out SB1271 and recognized the author, Senator Bernsen, 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 SB1271 be reported favorably 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 moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Bivins and Staples requested unanimous consent to be shown voting aye on SB1271, without objection, it was so ordered. The chair laid out SB253 and recognized the author, Senator Shapleigh, to explain the bill. Senator Moncrief sent up a committee substitute; the chair recognized Senator Shapleigh to explain the difference between the committee substitute and the bill as filed. Senator Moncrief moved adoption of the committee substitute; without objection, it was so ordered. At 2:55 p.m. Senator Whitmire assumed the chair. 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 3:15 p.m. Senator Armbrister resumed the chair. Senator Whitmire moved that SB253 do not pass but that CSSB253 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 2 nays, 0 present not voting, and 1 absent. Senators Bivins and Staples requested unanimous consent to be shown voting nay on SB253, without objection, it was so ordered. The chair laid out SB686 and recognized the author, Senator Ellis, 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. At 5:35 p.m. Senator Bivins assumed the chair. At 5:40 p.m. Senator Armbrister resumed the chair. Senator Armbrister moved that SB686 be left pending; without objection, it was so ordered. The chair laid out SB1367 and recognized the author, Senator Van de Putte, 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 SB1367 be left pending; without objection, it was so ordered. The chair laid out SB1713 and recognized the author, Senator Van de Putte, to explain the bill. Senator Moncrief sent up a committee substitute; the chair recognized Senator Van de Putte to explain the difference between the committee substitute and the bill as filed. Senator Moncrief 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 SB1713 do not pass but that CSSB1713 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 West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Moncrief requested unanimous consent to be shown voting aye on SB1713, without objection it was so ordered. The chair laid out SB1582 and recognized the author, Senator Van de Putte, to explain the bill. Senator Bivins sent up a committee substitute; the chair recognized Senator Van de Putte to explain the difference between the committee substitute and the bill as filed. Senator Bivins 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 Ogden requested that the previously closed testimony be rescinded, without objection, it was so ordered. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that SB1582 be left pending; without objection, it was so ordered. The chair laid out SB1413 and recognized the author, Senator Lindsay, to explain the bill. Senator Bivins sent up a committee substitute; the chair recognized Senator Lindsay to explain the difference between the committee substitute and the bill as filed. Senator Bivins 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 Bivins moved that SB1413 do not pass but that CSSB1413 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. Senators Moncrief and West requested unanimous consent to be shown voting aye on SB1413, without objection, it was so ordered. At 8:05 p.m. Senator Bivins assumed the chair. The chair laid out SB815 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 Armbrister moved that SB815 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 1 nay, 0 present not voting, and 2 absent. Senator West requested unanimous consent to be shown voting nay on SB815, without objection, it was so ordered. The chair laid out SB1119 and recognized the author, Senator Armbrister, to explain the bill. Senator Armbrister sent up a committee substitute; the chair recognized Senator Armbrister to explain the difference between the committee substitute and the bill as filed. Senator Armbrister moved adoption of the committee substitute; without objection, it was so ordered. Senator Staples sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Staples requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered. Senator Armbrister then moved that the new committee substitute be adopted; 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 Armbrister moved that SB1119 do not pass but that CSSB1119 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. The chair laid out SB1120 and recognized the author, Senator Armbrister, to explain the bill. Senator Armbrister sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator West sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator West requested unanimous consent to incorporate amendments into a committee substitute; without objection, it was so ordered. Senator West then moved that the new committee substitute be adopted; 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 Armbrister moved that SB1120 be left pending; without objection, it was so ordered. The chair laid out SB1278 and recognized the author, Senator Armbrister, to explain the bill. Senator Armbrister moved that SB1278 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 2 nays, 0 present not voting, and 1 absent. There were no witnesses on this bill. At 9:55 p.m. Senator Armbrister resumed the chair. There being no further business, at 10:00 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