MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Wednesday, April 6, 2005 1:30 p.m. or upon adjournment Capitol Extension, Room E1.036 ***** 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 6, 2005, in the Capitol Extension, Room E1.036, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator John Whitmire None Senator Kel Seliger Senator John Carona Senator Rodney Ellis Senator Juan Hinojosa Senator Steve Ogden Senator Tommy Williams ***** The chair called the meeting to order at 2:55 p.m. There being a quorum present, the following business was transacted: The chair laid out SB 326 and recognized the author, Senator Zaffirini, to explain the bill. Senator Hinojosa sent up a committee substitute; the chair recognized Senator Zaffirini 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 Carona moved that SB 326 do not pass but that CSSB 326 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 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 327 and recognized the author, Senator Zaffirini, to explain the bill. Senator Hinojosa sent up a committee substitute; the chair recognized Senator Zaffirini 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 327 do not pass but that CSSB 327 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair brought up CSSB 122, which was left pending at a previous hearing. Senator Hinojosa sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Hinojosa requested unanimous consent to incorporate the amendment 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. Senator Hinojosa moved that SB 122 do not pass but that CSSB 122 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. The chair laid out SB 90 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 90 be reported favorably 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 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 91 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 91 be reported favorably 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 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 548 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 moved adoption of the committee substitute; without objection, it was so ordered. Senator Ellis sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Ellis requested unanimous consent to incorporate the amendment 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 548 be left pending; without objection, it was so ordered. The chair laid out SB 938 and recognized the author, Senator West, to explain the bill. Senator Ellis sent up a committee substitute; the chair recognized Senator West 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. 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 938 do not pass but that CSSB 938 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 560 and recognized the author, Senator Carona, to explain the bill. Senator Carona sent up a committee substitute; the chair recognized Senator Carona to explain the difference between the committee substitute and the bill as filed. Senator Carona 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 Carona moved that SB 560 do not pass but that CSSB 560 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. The chair laid out SB 756 and recognized the author, Senator Ogden, to explain the bill. Senator Ogden sent up a committee substitute; the chair recognized Senator Ogden 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 756 do not pass but that CSSB 756 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 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 893 and recognized the author, Senator Carona, to explain the bill. Senator Carona sent up a committee substitute; the chair recognized Senator Carona to explain the difference between the committee substitute and the bill as filed. Senator Carona 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 Carona moved that SB 893 be left pending; without objection, it was so ordered. The chair laid out SB 1303 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 moved that SB 1303 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 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 1006 and recognized Ned Munoz, Staffer for Senator Harris, 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 Carona moved that SB 1006 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Carona assumed the chair. The chair laid out SB 1263 and recognized the author, Senator Whitmire, to explain the bill. 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 body of the bill; without objection, it was so ordered. Senator Ogden 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 Whitmire moved that SB 1263 do not pass but that CSSB 1263 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 resumed the chair. The chair laid out SB 337 and recognized the author, Senator Carona, to explain the bill. Senator Carona sent up a committee substitute; the chair recognized Senator Carona to explain the difference between the committee substitute and the bill as filed. Senator Carona moved adoption of the committee substitute; without objection, it was so ordered. Senator Williams 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. Senator Seliger assumed the chair. Senator Carona moved that SB 337 be left pending; without objection, it was so ordered. There being no further business, at 6:30 p.m. Senator Seliger 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