MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Tuesday, March 29, 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, March 29, 2005, in the Capitol
Extension, Room E1.016, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator John Whitmire Senator Juan Hinojosa
Senator Kel Seliger
Senator John Carona
Senator Rodney Ellis
Senator Steve Ogden
Senator Tommy Williams
*****
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 SB 599 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 Whitmire moved that SB 599 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, 0 nay, 0
present not voting, and 3 absent.
The chair laid out SJR 17 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 Whitmire moved that SJR 17 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, 0 nay, 0
present not voting, and 3 absent.
The chair laid out SB 166 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 Seliger sent up a committee substitute; the chair
recognized Senator West 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. Senator Ellis moved that SB 166 do not pass
but that CSSB 166 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, 0 nay, 0 present not
voting, and 3 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 544 and recognized the author, Senator
Shapleigh, 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 544 be left pending; without
objection, it was so ordered.
The chair laid out SB 37 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 Seliger sent up a committee substitute; the chair
recognized Senator Zaffirini 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.
Senator Seliger moved that SB 37 be left pending; without
objection, it was so ordered.
Senator Seliger assumed the chair.
The chair laid out SB 651 and recognized Senator Whitmire, 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 Ogden sent up a committee substitute; the chair
recognized Senator Whitmire 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. Senator Whitmire moved that SB 651 do not
pass but that CSSB 651 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, 0 nay, 0 present not
voting, and 3 absent. Senator Seliger 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 396 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 sent up a committee substitute; the chair
recognized Senator Seliger 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. Senator Williams moved that SB 396 do not
pass but that CSSB 396 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, 0 nay, 0 present not
voting, and 3 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 907 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 Whitmire moved that SB 907 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, 0 nay, 0
present not voting, and 3 absent. Senator Whitmire moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The Chair laid out SB 37, which had been left pending to await
an amendment. Senator Ogden sent up Committee Amendment 1 and
moved adoption; without objection, the amendment was adopted.
Senator Ogden requested unanimous consent to incorporate the
amendment 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 Ogden moved that SB 37 do not pass but that
CSSB 37 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, 0 nay, 0 present not voting, and 3
absent. Senator Ogden moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out SB 159 and recognized Senator Seliger, 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 Seliger sent up a committee substitute; the chair
recognized Senator Seliger 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. Senator Seliger moved that SB 159 do not
pass but that CSSB 159 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, 0 nay, 0 present not
voting, and 3 absent. Senator Ogden 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 56 and recognized Senator Whitmire, 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 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 Williams sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Senator Whitmire sent up Committee
Amendment 2 and moved adoption; without objection, the amendment
was adopted. Senator Whitmire requested unanimous consent to
incorporate amendments into the committee substitute; without
objection, it was so ordered. Senator Whitmire then moved that
the new committee substitute be adopted; without objection, it
was so ordered. Senator Whitmire moved that SB 56 do not pass
but that CSSB 56 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 Whitmire 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 695, which had been left pending at a
previous hearing. Senator Ogden moved that SB 695 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, 1 nay, 0 present not voting, and 1 absent.
The chair laid out SB 109 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 Seliger moved that SB 109 be left pending; without
objection, it was so ordered.
There being no further business, at 4:14 p.m. Senator Whitmire
moved that the Committee stand recessed subject to the call of
the chair. Without objection, it was so ordered.
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Senator John Whitmire, Chair
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Carley Rose, Clerk