MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Wednesday, March 7, 2001 1:00 p.m. 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 Wednesday, March 7, 2001, in the Capitol Extension, Room E1.028, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Kenneth Armbrister Senator Teel Bivins Senator John Whitmire Senator Mike Moncrief Senator Steve Ogden Senator Todd Staples Senator Royce West ***** The chair called the meeting to order at 2:00 p.m. There being a quorum present, the following business was transacted: The chair laid out SB795 and recognized the author, Senator Ellis, to explain the bill. Senator Moncrief sent up a committee substitute; the chair recognized Senator Ellis to explain the difference between the committee substitute and the bill as filed. Representative Talton was also available to answer questions on the committee substitute. Senator Moncrief 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 Staples moved that SB795 do not pass but that CSSB795 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. Senators Whitmire and Ogden requested unanimous consent to be shown voting aye on SB 795, without objection, it was so ordered. The chair laid out SB251 and recognized the author, Senator Harris, to explain the bill. Senator West sent up a committee substitute; the chair recognized Senator Harris to explain the difference between the committee substitute and the bill as filed. Senator West 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. At 3:15 p.m. Senator Whitmire assumed the chair. Senator Moncrief moved that SB251 do not pass but that CSSB251 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. At 3:20 p.m. Senator Armbrister resumed the chair. Senator Staples requested unanimous consent to be shown voting aye on SB 251, without objection, it was so ordered. At 3:45 p.m. Senator Whitmire assumed the chair. The chair laid out SB293 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. At 3:50 p.m. Senator Armbrister resumed the chair. At 4:00 p.m. Senator Whitmire assumed the chair. The chair laid out SB268 and recognized the author, Senator Ogden, 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 SB268 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Ogden moved that SB268 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, 2 nays, 0 present not voting, and 1 absent. The chair laid out SB753 and recognized the author, Senator Van de Putte, 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 SB753 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Moncrief moved that SB753 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 Staples requested unanimous consent to be shown voting aye on SB 753, without objection, it was so ordered. The chair laid out SB636 and recognized Senator Staples, 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 Moncrief moved that SB636 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 Staples requested unanimous consent to be shown voting aye on SB 636, without objection, it was so ordered. Senator Moncrief moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 5:00 p.m. Senator Armbrister resumed the chair. The Chair brought up SB 107 from pending business. David Talbot, Special Assistant from the Attorney General's Office answered questions asked by the committee members. Senator West moved that SB107 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 brought up SB 89 from pending business. Senator Staples withdrew the previous committee substitute. Senator Staples sent up a committee substitute; the chair recognized Amy Lindley, of Senator Nelson's staff to explain the difference between the committee substitute and the bill as filed. Senator Staples moved adoption of the committee substitute; without objection, it was so ordered. Senator Moncrief moved that SB 89 do not pass but that CSSB 89 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. There being no further business, at 5:50 p.m. Senator Armbrister moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered. ______________________ Senator Kenneth Armbrister, Chair ______________________ Kelly C. Gilbert, Clerk