MINUTES 
                                           
                        SENATE COMMITTEE ON CRIMINAL JUSTICE 
                              Tuesday, April 12, 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, April 12, 2005, in the Capitol  
         Extension, Room E1.016, 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 1:35 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB 665 and recognized the author, Senator  
         Barrientos, 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 665 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 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 689 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 Ellis moved that SB 689 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 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 1551 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 Hinojosa moved that SB 1551 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 Carona moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 1552 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 Carona moved that SB 1552 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 Carona moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 1307 and recognized the author, Senator  
         Staples, to explain the bill.  Senator Seliger sent up a  
         committee substitute; the chair recognized Senator Staples 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.   
          
         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 1307 do not pass but that CSSB  
         1307 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 Seliger moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The chair laid out SB 578 and recognized the author, Senator  
         Staples, to explain the bill.  Senator Carona sent up a  
         committee substitute; the chair recognized Senator Staples 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 578 do not pass but that CSSB 578  
         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  
         Carona moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chair laid out SB 1305 and recognized the author, Senator  
         Brimer, 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 1305 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 Seliger moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 912 and recognized the author, Senator  
         Shapiro, to explain the bill.  Senator Williams sent up a  
         committee substitute; the chair recognized Senator Shapiro 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 912 do not pass but that CSSB 912  
         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 394 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 394 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 Seliger moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 1126 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 1126 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 1125 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 Seliger moved that SB 1125 be left pending; without  
         objection, it was so ordered.  
          
         Senator Seliger assumed the chair.    
          
         The chair laid out SB 925 and recognized the author, Senator  
         Duncan, to explain the bill.   
          
         Senator Whitmire resumed 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 Ellis moved that SB 925 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 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 1195 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 Seliger moved that SB 1195 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 1473 and recognized the author, Senator  
         Lindsay, to explain the bill.  Senator Williams sent up a  
         committee substitute; the chair recognized Senator Lindsay 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 1473 do not pass but that CSSB  
         1473 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.   
          
         Senator Seliger assumed the chair.   
          
         The chair laid out SB 304 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 Carona moved that SB 304 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 Carona 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 1005 and recognized the author, Senator  
         Carona, 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 roll  
         the amendments into a committee substitute; without objection,  
         it was so ordered.  Senator Ogden then moved that the 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 Carona moved that SB 1005 do not pass but that CSSB 1005  
         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  
         Carona moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chair laid out SB 1461 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 1461 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 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 909 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 Hinojosa moved that SB 909 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 Carona moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 1264 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 Hinojosa moved that SB 1264 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 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 1265 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 Hinojosa moved that SB 1265 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 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 1465 and recognized the author, Senator  
         Whitmire, to explain the bill.  Senator Ellis sent up a  
         committee substitute; the chair recognized Senator Whitmire 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 Whitmire moved that SB 1465 do not pass but that CSSB  
         1465 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.   
          
         Senator Whitmire resumed the chair.   
          
         The Chair then brought up pending business.   
          
         The Chair moved to lay out SB 544, left pending from a previous  
         hearing.  Senator Ellis moved that SB 544 be reported favorably  
         to the Senate with the recommendation that it do pass and be  
         printed.  The motion failed to receive a majority vote: 3 ayes,  
         2 nays, 2 absent and 0 present not voting.  
          
         The Chair moved to lay out SB 548, left pending from a previous  
         hearing.   
          
         Senator Ellis sent up committee substitute # 2; 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 moved that CSSB 548 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, 1  
         nay, 0 present not voting, and 2 absent.   
          
         The Chair moved to lay out SB 893, left pending from a previous  
         hearing. 
          
         Senator Carona sent up committee substitute # 2; 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 Carona moved that CSSB 893 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, 1 nay, 0 present not voting, and 2 absent.   
          
         There being no further business, at 5:20 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