MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Wednesday, March 28, 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 28, 2001, in the Capitol
Extension, Room E1.028, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Kenneth Armbrister Senator Royce West
Senator John Whitmire
Senator Teel Bivins
Senator Mike Moncrief
Senator Steve Ogden
Senator Todd Staples
*****
The chair called the meeting to order at 4:10 p.m. There being
a quorum present, the following business was transacted:
The chair laid out SB1589 and recognized the author, Senator
Moncrief, 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 Armbrister moved that
SB1589 be left pending to await a quorum; without objection, it
was so ordered. Senator Moncrief moved that SB1589 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
Moncrief moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Bivins requested unanimous consent to be shown voting
aye on SB 1589, without objection, it was so ordered.
The chair laid out SB1262 and recognized Senator Armbrister, in
the absence of the author, to explain the bill. Senator Staples
sent up a committee substitute; Senator Armbrister explained 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. 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 Armbrister moved
that SB1262 be left pending to await a quorum; without
objection, it was so ordered. Senator Staples moved that SB1262
do not pass but that CSSB1262 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 Moncrief moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Bivins requested unanimous consent to be shown voting
aye on CSSB 1262, without objection, it was so ordered.
The chair laid out SB917 and recognized the author, Senator
Shapiro, 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 Armbrister moved that
SB917 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Moncrief
moved that SB917 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 Moncrief moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Bivins requested unanimous consent to be shown voting
aye on SB 917, without objection, it was so ordered.
The chair laid out SB1201 and recognized the author, Senator
Shapiro, 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 Armbrister moved that
SB1201 be left pending to await a quorum; without objection, it
was so ordered. Senator Staples moved that SB1201 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
Whitmire moved that the bill be recommended for placement on the
Local & Uncontested Calendar. Senator Ogden objected to the
motion for placement on the Local & Uncontested Calendar.
Senator Whitmire then withdrew his motion.
Senator Bivins requested unanimous consent to be shown voting
aye on SB 1201, without objection, it was so ordered.
The chair laid out SB169 and laid it on the table. The chair
then laid out the companion bill, HB519 and recognized the
Senate sponsor, 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
Armbrister moved that HB519 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Moncrief moved that HB519 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 Moncrief moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Bivins requested unanimous consent to be shown voting
aye on HB519, without objection, it was so ordered.
The chair laid out SB1224 and recognized the author, Senator
Harris, to explain the bill. Senator Staples sent up a
committee substitute; the chair recognized Senator Harris 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. 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 SB1224 be left pending to await a quorum; without
objection, it was so ordered. Senator Staples moved that SB1224
do not pass but that CSSB1224 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 Bivins requested unanimous consent to be shown voting
aye on CSSB 1224, without objection, it was so ordered.
At 4:25 p.m. Senator Staples assumed the chair.
The chair laid out SB1174 and recognized Senator Staples, in the
absence of the author, to explain the bill. Senator Bivins sent
up a committee substitute; the chair recognized Senator Staples
to explain the difference between the committee substitute and
the bill as filed. Senator Bivins 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 SB1174 be left pending to await a quorum; without
objection, it was so ordered. Senator Moncrief moved that
SB1174 do not pass but that CSSB1174 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 Moncrief moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Bivins requested unanimous consent to be shown voting
aye on CSSB1174, without objection, it was so ordered.
The chair laid out SB968 and recognized the author, Senator
Bivins, to explain the bill. Senator Bivins sent up a committee
substitute; the chair recognized Senator Bivins to explain the
difference between the committee substitute and the bill as
filed. Senator Armbrister 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 Armbrister moved
that SB968 be left pending to await a quorum; without objection,
it was so ordered. Senator Ogden moved that SB968 do not pass
but that CSSB968 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.
Senator Bivins requested unanimous consent to be shown voting
aye on CSSB968, without objection, it was so ordered.
The chair laid out SB1195 and recognized Senator Armbrister, 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 Armbrister moved
that SB1195 be left pending to await a quorum; without
objection, it was so ordered. Senator Staples moved that SB1195
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 Bivins requested unanimous consent to be shown voting
aye on SB1195, without objection, it was so ordered.
The chair laid out SB1371 and recognized Senator Armbrister, in
the absence of the author, to explain the bill. Senator
Armbrister sent up a committee substitute; the chair recognized
Senator Armbrister to explain the difference between the
committee substitute and the bill as filed. Senator Armbrister
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 Armbrister moved that SB1371 be left pending
to await a quorum; without objection, it was so ordered. Senator
Staples moved that SB1371 do not pass but that CSSB1371 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.
Senator Bivins requested unanimous consent to be shown voting
aye on CSSB1371, without objection, it was so ordered.
The chair laid out SB1126 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 Ogden moved that SB1126
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Ogden moved that
SB1126 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 Bivins requested unanimous consent to be shown voting
aye on SB1126, without objection, it was so ordered.
The chair laid out SB890 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 Staples moved
that SB890 be left pending to await a quorum; without objection,
it was so ordered. Senator Ogden moved that SB890 do not pass
but that CSSB890 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.
Senator Bivins requested unanimous consent to be shown voting
aye on CSSB890, without objection, it was so ordered.
The chair laid out SB1583 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 Staples
moved that SB1583 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Moncrief moved that SB1583 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 Moncrief moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Bivins requested unanimous consent to be shown voting
aye on SB1583, with objection, it was so ordered.
At 6:00 p.m. Senator Armbrister resumed the chair.
The chair laid out SB1087 and recognized the author, Senator
Harris, 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. SB1087 was left pending at the
request of the author.
At 6:25 p.m. Senator Whitmire assumed the chair.
At 6:30 p.m. Senator Armbrister resumed the chair.
The chair laid out SB1304 and recognized the author, Senator
Harris, 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. SB1304 was left pending at the
request of the author.
The chair laid out SB1088 and recognized the author, Senator
Harris, 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. SB1088 was left pending at the
request of the author.
The Chair brought up SB7 from pending business. Senator
Whitmire moved to reconsider the vote by which Amendment 1 was
adopted, without objection, it was so ordered. Senator Whitmire
then moved to table Amendment 1, without objection, it was so
ordered. Senator Moncrief withdrew the previously unadopted
committee substitute. Senator Moncrief sent up a new committee
substitute; the chair recognized Hanna Liebman, Senator Elllis'
Legislative Director, to explain the difference between the
committee substitute and the bill as filed. Senator Moncrief
moved adoption of the committee substitute; without objection,
it was so ordered. Senator Moncrief moved that SB7 do not pass
but that CSSB7 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 Bivins requested unanimous consent to be shown voting
aye on CSSB7, without objection, it was so ordered.
The Chair brought up SB 1648 from pending business. Senator
Staples sent up a committee substitute; the chair recognized
Senator Staples 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 Ogden moved that SB1648 do not pass but
that CSSB1648 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.
Senator Bivins requested unanimous consent to be shown voting
aye on CSSB1648, without objection, it was so ordered.
The Chair brought up HB121 from pending business. Senator
Armbrister withdrew the previously offered amendment, without
objection, it was so ordered. Senator Staples moved that HB121
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 Ogden moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
There being no further business, at 8:45 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