MINUTES 
                                           
                        SENATE COMMITTEE ON CRIMINAL JUSTICE 
                              Thursday, April 24, 2003 
                           1:00 p.m. or upon adjournment 
                           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 Thursday, April 24, 2003, in the Capitol  
         Extension, Room E1.028, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator John Whitmire                   Senator Bill Ratliff 
         Senator Tommy Williams 
         Senator John Carona 
         Senator Rodney Ellis 
         Senator Juan Hinojosa 
         Senator Steve Ogden 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 3:47 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB 52 and recognized the author, Senator  
         Zaffirini, to explain the bill.  Senator Whitmire sent up a  
         committee substitute; the chair recognized Senator Zaffirini 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 52 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Whitmire moved that SB 52 do not pass but that  
         CSSB 52 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 Ellis moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The chair laid out SB 1745 and recognized the author, Senator  
         Zaffirini, to explain the bill.  Senator Whitmire sent up a  
         committee substitute; the chair recognized Senator Zaffirini 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 1745 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Whitmire moved that SB 1745 do not pass but that  
         CSSB 1745 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 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 871 and recognized the author, Senator  
         Shapiro, to explain the bill.  Senator Whitmire sent up a  
         committee substitute; the chair recognized Senator Shapiro 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 871 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Whitmire moved that SB 871 do not pass but that  
         CSSB 871 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 SB 143 and recognized the author, Senator  
         Ellis, to explain the bill.  Senator Ellis sent up a committee  
         substitute; the chair recognized Senator Ellis to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Ellis sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.  Senator  
         Ellis sent up a committee substitute; the chair recognized  
         Senator Ellis to explain the difference between the committee  
         substitute and the bill as filed.  Senator Ellis moved adoption  
         of the committee substitute; without objection, it was so  
         ordered.  Senator Ellis requested unanimous consent to  
         incorporate amendments into the committee substitute; without  
         objection, it was so ordered.  Senator Ellis 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 Ellis moved that SB 143 do not pass but that CSSB 143 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 Ellis  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 1187 and recognized the author, Senator  
         Van de Putte, to explain the bill.  Senator Williams 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 Williams 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 1187 do not pass but that CSSB  
         1187 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 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 582 and recognized the author, Senator  
         Williams, 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 582 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Williams moved that SB 582 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.   
          
         The chair laid out SB 1338 and recognized the author, Senator  
         Hinojosa, 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 Hinojosa moved that SB 1338 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 1597 and recognized the author, Senator  
  
         Hinojosa, to explain the bill.  Senator Hinojosa sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Senator Hinojosa sent up a committee  
         substitute; the chair recognized Senator Hinojosa to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Hinojosa moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator  
         Hinojosa requested unanimous consent to incorporate amendments  
         into the committee substitute; without objection, it was so  
         ordered.  Senator Hinojosa 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 Hinojosa moved that SB 1597 do not pass but that CSSB  
         1597 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 Hinojosa moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The chair laid out SB 1248 and recognized the author, Senator  
         Armbrister, to explain the bill.  Senator Ogden sent up a  
         committee substitute; the chair recognized Senator Armbrister to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Ogden 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 moved that SB 1248 do not pass but that CSSB 1248  
         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.   
          
         The chair laid out SB 380 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 Williams moved that SB 380 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 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 987 and recognized the author, Senator  
  
         Armbrister, to explain the bill.  Senator Hinojosa sent up a  
         committee substitute; the chair recognized Senator Armbrister to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Hinojosa 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 Hinojosa moved that SB 987 do not pass but that CSSB 987  
         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 SB 1835 and recognized Senator Williams, in  
         the absence of the author, to explain the bill.  Senator  
         Williams sent up a committee substitute; the chair recognized  
         Senator Williams to explain the difference between the committee  
         substitute and the bill as filed.  Senator Williams 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 1835 do not pass but that CSSB  
         1835 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 Williams moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         There was no action taken for the following bill(s):  
          
         SB 1477 
          
         There being no further business, at 5:45 p.m. Senator Whitmire  
         moved that the Committee stand recessed subject to the call of  
         the chair.  Without objection, it was so ordered.   
          
         ______________________ 
         Senator John Whitmire, Chair 
          
         ______________________ 
         Carley Rose, Clerk