MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Wednesday, May 2, 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, May 2, 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 4:45 p.m. There being a quorum present, the following business was transacted: James Austin, Ph.D., Research Professor, George Washington University presented the Texas Department of Criminal Justice Prisoner Classification System Assessment. Questions by the members followed the presentation. The chair laid out HB587 and recognized the Senate sponsor, 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. Senator Armbrister moved that HB587 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator West moved that HB587 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. At 6:20 p.m. Senator Whitmire assumed the chair. At 6:45 p.m. Senator Armbrister resumed the chair. The chair laid out HB236 and recognized the Senate sponsor, Senator Ellis, to explain the bill. Senator Moncrief sent up a committee substitute; the chair recognized Senator Ellis 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. Senator Armbrister moved that HB236 be left pending; without objection, it was so ordered. At 8:30 p.m. Senator Bivins assumed the chair. At 8:40 p.m. Senator Armbrister resumed the chair. The chair laid out HB1314 and recognized the Senate sponsor, 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 HB1314 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 Staples moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Whitmire requested unanimous consent to be shown voting aye on HB1314. The chair laid out SB1701 and recognized the author, Senator Staples, to explain the bill. Senator Staples 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 Staples requested unanimous consent to incorporate the amendment into the committee substitute; without objection, it was so ordered. Senator Staples then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Staples moved that SB1701 do not pass but that CSSB1701 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 Staples moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 9:00 p.m. Senator Bivins assumed the chair. The chair laid out SB1453 and recognized Senator Armbrister, in the absence of the author, to explain the bill. There were no witnesses on the bill. Senator Bivins moved that SB1453 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Moncrief moved that SB1453 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 Whitmire requested unanimous consent to be shown voting aye on SB1453, without objection, it was so ordered. The chair laid out HB2494 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. There were no witnesses on 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 Bivins moved that HB2494 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Moncrief moved that HB2494 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 Ogden moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Whitmire and West requested unanimous consent to be shown voting aye on HB2494, without objection, it was so ordered. The chair laid out HB2663 and recognized the Senate sponsor, 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 Bivins moved that HB2663 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB2663 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 Staples moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Whitmire and West requested unanimous consent to be shown voting aye on HB2663, without objection, it was so ordered. At 9:10 p.m. Senator Armbrister resumed the chair. The chair brought up SB1531 from pending business. Senator Staples sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Staples requested unanimous consent to incorporate the amendment into a committee substitute; without objection, it was so ordered. Senator Staples then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Staples moved that SB1531 do not pass but that CSSB1531 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 moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. There being no further business, at 9:25 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