This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

MINUTES

 

SENATE COMMITTEE ON CRIMINAL JUSTICE

Tuesday, March 31, 2009

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 31, 2009, in the Capitol Extension, Room E1.016, at Austin, Texas.

 

*****

 

MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator John Whitmire

Senator Kel Seliger

Senator John Carona

Senator Rodney Ellis

Senator Glenn Hegar

Senator Juan Hinojosa

Senator Dan Patrick

 

None

 

*****

 

The chair called the meeting to order at 1:37 p.m.  There being a quorum present, the following business was transacted: 

 

The chair laid out SB 117 and recognized the author, Senator Ellis, to explain the bill.  Senator Seliger sent up a committee substitute; the chair recognized Senator Ellis to explain the difference between the committee substitute and the senate bill as filed.  Senator Seliger 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 sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted.  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 requested unanimous consent to incorporate amendments 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 Ellis moved that SB 117 do not pass but that CSSB 117 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 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 116 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 senate 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 116 do not pass but that CSSB 116 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 Hinojosa requested unanimous consent to be shown voting aye on CSSB 117.

 

The chair laid out SB 1864 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.  The chair moved that SB 1864 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out SB 1848 and recognized Senator Ellis, in the absence of the author, to explain the bill.  Senator Whitmire sent up a committee substitute; the chair recognized Senator Ellis to explain the difference between the committee substitute and the senate 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.  The chair moved that SB 1848 be left pending to await a quorum; without objection, it was so ordered.      

 

The chair laid out SB 1916 and recognized Senator Ellis, in the absence of the author, 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 senate bill as filed.  Senator Ellis moved adoption of the committee substitute; without objection, it was so ordered.  Witnesses 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 1916 be left pending to await a quorum; without objection, it was so ordered.    

 

At 3:48 p.m. Senator Ellis assumed the chair. 

 

The chair laid out SB 1976 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.  The chair moved that SB 1976 be left pending; without objection, it was so ordered.   

 

At 4:10 p.m. Senator Whitmire resumed the chair. 

 

The chair laid out SB 1847 and recognized the author, Senator Hegar, 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 Hegar moved that SB 1847 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 Hegar moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.    

 

The chair laid out SB 1206 and recognized the author, Senator Hinojosa, to explain the bill. 

 

At 4:20 p.m. Senator Seliger assumed the chair. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

At 4:30 p.m. Senator Whitmire resumed the chair. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered.  The chair moved that SB 1206 be left pending to await a quorum; without objection, it was so ordered.   

 

The chair laid out SB 1681 and recognized the author, Senator Hinojosa, to explain the bill.  Senator Hinojosa sent up a committee substitute; the chair recognized Senator Hinojosa to explain the difference between the committee substitute and the senate 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.  The chair moved that SB 1681 be left pending to await a quorum; without objection, it was so ordered. 

 

The chair laid out SB 1948 and recognized the author, Senator Hinojosa, to explain the bill.  Witnesses 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.  The chair moved that SB 1948 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, the following business was transacted:

 

Senator Hinojosa moved that SB 1206 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. 

 

Senator Hinojosa moved that SB 1681 do not pass but that CSSB 1681 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. 

 

Senator Hinojosa moved that SB 1848 do not pass but that CSSB 1848 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, 1 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. 

 

Senator Ellis moved that SB 1864 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. 

 

Senator Hinojosa moved that SB 1916 do not pass but that CSSB 1916 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. 

 

Senator Hinojosa moved that SB 1948 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.   

 

Senator Hinojosa moved that SB 1976 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.

 

Senator Carona requested unanimous consent to be shown voting aye on SB 1206, CSSB 1681, SB 1847, CSSB 1848, SB 1864, CSSB 1916, SB 1948, and SB 1976.

 

Senator Patrick request unanimous consent to be shown voting aye on CSSB 116, CSSB 117, SB 1206, CSSB 1681, SB 1847, SB 1864, CSSB 1916, SB 1948, and SB 1976.

 

There being no further business, at 5:00 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

 

 

_____________________________

Vanessa Valdez, Clerk