MINUTES 
                                           
                        SENATE COMMITTEE ON CRIMINAL JUSTICE 
                              Tuesday, March 25, 2003 
                           1:00 a.m. or upon adjournment 
                           Capitol Extension, Room E1.016 
                                           
                                       ***** 
                                           
         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 Tuesday, March 25, 2003, in the Capitol  
         Extension, Room E1.016, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator John Whitmire                   Senator Steve Ogden 
         Senator Tommy Williams 
         Senator John Carona 
         Senator Rodney Ellis 
         Senator Juan Hinojosa 
         Senator Bill Ratliff 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 2:45 a.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SJR 12 and recognized the author, Senator  
         Shapleigh, 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 Whitmire moved that SJR 12 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 600 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 Whitmire moved that SB 600 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 1045 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.   
          
         Senator Williams moved that SB 1045 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.        
          
         The chair laid out SB 601 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.   
          
         Senator Ellis moved that SB 601 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.   
          
         The chair laid out SB 1224 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.   
          
         Senator Ellis moved that SB 1224 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 1607 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.   
          
         Senator Ellis moved that SB 1607 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, 1 nay, 0  
         present not voting, and 1 absent.   
          
         The chair laid out SJR 28 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.      
          
         Senator Ellis moved that SJR 28 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.   
          
         Senator Williams assumed the chair.   
          
         The chair laid out SB 825 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.   
          
         Senator Whitmire moved that SB 825 do not pass but that CSSB 825  
         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, 0 nay, 0 present not voting, and 3 absent.  Senator  
         Williams moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chair laid out SB 826 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.   
          
         Senator Williams moved that SB 826 do not pass but that CSSB 826  
         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, 0 nay, 0 present not voting, and 3 absent.  Senator  
         Williams moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chair laid out SB 827 and recognized the author, Senator  
         Whitmire, 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 Whitmire sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.  Senator  
         Whitmire requested unanimous consent to incorporate amendments  
         into the 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.   
  
                                       SENATE COMMITTEE ON CRIMINAL JUSTICE 
                                                                    Minutes 
                                                    Tuesday, March 25, 2003 
                                                                      page   4 
                                                                            
         Senator Whitmire moved that SB 827 do not pass but that CSSB 827  
         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, 0 nay, 0 present not voting, and 3 absent.  Senator  
         Williams moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chair laid out SB 840 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.   
          
         Senator Whitmire moved that SB 840 do not pass but that CSSB 840  
         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  
         Ratliff moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         Senator Whitmire resumed the chair.   
          
         The chair laid out SB 727 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 Williams moved that SB 727 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 568 and recognized Senator Whitmire, in  
         the absence of the author, to explain the bill.   
          
         Senator Whitmire moved that SB 568 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 Ratliff 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 6:20 p.m. Senator Whitmire  
         moved that the Committee stand recessed subject to the call of  
         the chair.  Without objection, it was so ordered.   
          
                                       SENATE COMMITTEE ON CRIMINAL JUSTICE 
                                                                    Minutes 
                                                    Tuesday, March 25, 2003 
                                                                      page   5 
                                                                            
         ______________________ 
         Senator John Whitmire, Chair 
          
         ______________________ 
         Carley Rose, Clerk