MINUTES 
                                           
                        SENATE COMMITTEE ON CRIMINAL JUSTICE 
                              Tuesday, March 29, 2005 
                           1:30 p.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 29, 2005, in the Capitol  
         Extension, Room E1.016, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator John Whitmire                   Senator Juan Hinojosa 
         Senator Kel Seliger 
         Senator John Carona 
         Senator Rodney Ellis 
         Senator Steve Ogden 
         Senator Tommy Williams 
                                           
                                       ***** 
                                           
         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 SB 599 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 Whitmire moved that SB 599 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, 0 nay, 0  
         present not voting, and 3 absent.   
          
         The chair laid out SJR 17 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 Whitmire moved that SJR 17 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, 0 nay, 0  
         present not voting, and 3 absent.   
          
         The chair laid out SB 166 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 Seliger sent up a committee substitute; the chair  
         recognized Senator West to explain the difference between the  
         committee substitute and the bill as filed.  Senator Seliger  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.  Senator Ellis moved that SB 166 do not pass  
         but that CSSB 166 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 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 544 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 Seliger moved that SB 544 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 37 and recognized the author, Senator  
         Zaffirini, 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 Seliger sent up a committee substitute; the chair  
         recognized Senator Zaffirini to explain the difference between  
         the committee substitute and the bill as filed.  Senator Seliger  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.   
          
         Senator Seliger moved that SB 37 be left pending; without  
         objection, it was so ordered.   
          
         Senator Seliger assumed the chair.   
          
         The chair laid out SB 651 and recognized Senator Whitmire, in  
         the absence of the author, 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 Ogden sent up a committee substitute; the chair  
  
         recognized Senator Whitmire 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.  Senator Whitmire moved that SB 651 do not  
         pass but that CSSB 651 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 Seliger 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 396 and recognized the author, Senator  
         Seliger, 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 Seliger sent up a committee substitute; the chair  
         recognized Senator Seliger to explain the difference between the  
         committee substitute and the bill as filed.  Senator Seliger  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.  Senator Williams moved that SB 396 do not  
         pass but that CSSB 396 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 Seliger moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Seliger assumed the chair.   
          
         The chair laid out SB 907 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 moved that SB 907 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, 0 nay, 0  
         present not voting, and 3 absent.  Senator Whitmire moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The Chair laid out SB 37, which had been left pending to await  
         an amendment.  Senator Ogden sent up Committee Amendment 1 and  
         moved adoption; without objection, the amendment was adopted.   
         Senator Ogden requested unanimous consent to incorporate the  
         amendment into the committee substitute; without objection, it  
         was so ordered.  Senator Seliger then moved that the new  
         committee substitute be adopted; without objection, it was so  
  
         ordered.  Senator Ogden moved that SB 37 do not pass but that  
         CSSB 37 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 Ogden moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The chair laid out SB 159 and recognized Senator Seliger, in the  
         absence of the author, 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 Seliger sent up a committee substitute; the chair  
         recognized Senator Seliger to explain the difference between the  
         committee substitute and the bill as filed.  Senator Seliger  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.  Senator Seliger moved that SB 159 do not  
         pass but that CSSB 159 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 Ogden moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Seliger assumed the chair.   
          
         The chair laid out SB 56 and recognized Senator Whitmire, in the  
         absence of the author, 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 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 Williams sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Senator Whitmire sent up Committee  
         Amendment 2 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.  Senator Whitmire moved that SB 56 do not pass  
         but that CSSB 56 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 Whitmire 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 695, which had been left pending at a  
         previous hearing.  Senator Ogden moved that SB 695 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 SB 109 and recognized the author, Senator  
         Estes, 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 Seliger moved that SB 109 be left pending; without  
         objection, it was so ordered.   
          
         There being no further business, at 4:14 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