MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Wednesday, April 4, 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, April 4, 2001, in the Capitol
Extension, Room E1.028, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Kenneth Armbrister None
Senator John Whitmire
Senator Teel Bivins
Senator Mike Moncrief
Senator Steve Ogden
Senator Todd Staples
Senator Royce West
*****
The chair called the meeting to order at 1:40 p.m. There being
a quorum present, the following business was transacted:
The chair laid out SB1372 and recognized the author, Senator
Moncrief, to explain the bill. Senator Moncrief sent up a
committee substitute; the chair recognized Senator Moncrief to
explain the difference between the committee substitute and the
bill as filed. Senator Moncrief sent up Committee Amendment 1
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 Moncrief moved that SB1372 be left pending; without
objection, it was so ordered.
The chair laid out SB840 and recognized the author, Senator
Wentworth, 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
SB840 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 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 SB840,
without objection, it was so ordered.
The chair laid out SB1047 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 West moved that SB1047 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
West 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 SB1047, without objection, it was so ordered.
The chair laid out SB85 and recognized the author, Senator
Lucio, Jr., to explain the bill. Senator West sent up committee
substitute A; the chair recognized Senator Lucio to explain the
difference between the committee substitute and the bill as
filed. Senator West then sent up committee substitute B; the
chair recognized Senator Lucio to explain the difference between
the committee substitute and the bill as filed. 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 4:30 p.m. Senator Staples assumed the chair.
At 4:35 p.m. Senator Armbrister resumed the chair.
Senator Armbrister moved that SB85 be left pending; without
objection, it was so ordered.
The chair laid out SB850 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 Armbrister moved that
SB850 be left pending; without objection, it was so ordered.
The chair laid out SB536 and recognized Senator Whitmire, in the
absence of the author, to explain the bill. Senator Whitmire
sent up Committee Amendment 1. Hanna Leibman, Legislative
Director for Senator Ellis explained Committee Amendment 1.
Senator Whitmire moved adoption of Committee Amendment 1,
without objection, it was so 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 Bivins requested
unanimous consent to incorporate the amendment into a committee
substitute; without objection, it was so ordered. Senator
Bivins then moved that the new committee substitute be adopted;
without objection, it was so ordered. Senator Whitmire moved
that SB536 do not pass but that CSSB536 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, 1 nay, 0
present not voting, and 1 absent. Senator Ogden requested
unanimous consent to change his nay vote to aye, without
objection, it was so ordered.
The chair laid out SB1221 and recognized the author, Senator
Whitmire, to explain the bill. Senator Whitmire sent up a
committee substitute; the chair recognized Senator Whitmire to
explain the difference between the committee substitute and the
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.
At 6:10 p.m. Senator Moncrief assumed the chair.
At 6:20 p.m. Senator Armbrister resumed the chair.
Senator Whitmire moved that SB1221 be left pending; without
objection, it was so ordered.
The chair laid out SB1202 and recognized Senator West, in the
absence of the author, to explain the bill. Senator West sent
up a committee substitute; the chair recognized Senator West 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. Senator West
moved that SB1202 do not pass but that CSSB1202 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. Senator West moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senators Bivins and Moncrief requested unanimous consent to be
shown voting aye on SB1202, without objection, it was so
ordered.
The chair brought up SB1304 from pending business. Senator
Whitmire sent up a committee substitute; the chair recognized
Senator Whitmire to explain the difference between the committee
substitute and the bill as filed. Senator Whitmire moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Whitmire moved that SB1304 do not pass but
that CSSB1304 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. Senator West moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered. Senators Bivins and
Moncrief requested unanimous consent to be shown voting aye on
SB1304, without objection, it was so ordered.
The chair laid out SB680 and SJR 25 and recognized the author,
Senator Shapleigh, to explain both bills. Witnesses testifying
and registering on the bills 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
SB680 and SJR25 be left pending; without objection, it was so
ordered.
The chair laid out SB1570 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. Senator West moved that SB1570 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
West moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The chair brought up SB1295 from pending business. Senator
Whitmire sent up a committee substitute; the chair recognized
Senator Whitmire to explain the difference between the committee
substitute and the bill as filed. Senator Whitmire moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Whitmire moved that SB1295 do not pass but
that CSSB1295 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 requested unanimous
consent to be shown voting aye on SB1295, without objection, it
was so ordered.
At 10:30 p.m. Senator Whitmire assumed the chair.
The chair laid out SB1345 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 West moved that SB1345 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. Senators
Bivins and Moncrief requested unanimous consent to be shown
voting aye on SB1345, without objection, it was so ordered.
At 10:40 p.m. Senator Armbrister resumed the chair.
The chair laid out SB1033 and recognized Senator Staples, in the
absence of the author, to explain the bill. 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. 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 SB1033 do not pass but that CSSB1033
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 requested unanimous consent to be shown voting aye on
SB1033, without objection, it was so ordered. Senator Staples
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out SB1608 and recognized the author, Senator
Staples, 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 SB1608
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.
Senators Bivins and Moncrief requested unanimous consent to be
shown voting aye on SB1608, without objection, it was so
ordered.
There being no further business, at 10:40 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