MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Wednesday, April 6, 2005
1:30 p.m. or upon adjournment
Capitol Extension, Room E1.036
*****
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 6, 2005, in the Capitol
Extension, Room E1.036, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator John Whitmire None
Senator Kel Seliger
Senator John Carona
Senator Rodney Ellis
Senator Juan Hinojosa
Senator Steve Ogden
Senator Tommy Williams
*****
The chair called the meeting to order at 2:55 p.m. There being
a quorum present, the following business was transacted:
The chair laid out SB 326 and recognized the author, Senator
Zaffirini, to explain the bill. Senator Hinojosa sent up a
committee substitute; the chair recognized Senator Zaffirini to
explain the difference between the committee substitute and the
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.
Senator Carona moved that SB 326 do not pass but that CSSB 326
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
Hinojosa moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The chair laid out SB 327 and recognized the author, Senator
Zaffirini, to explain the bill. Senator Hinojosa sent up a
committee substitute; the chair recognized Senator Zaffirini to
explain the difference between the committee substitute and the
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.
Senator Hinojosa moved that SB 327 do not pass but that CSSB 327
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
Hinojosa moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The Chair brought up CSSB 122, which was left pending at a
previous hearing. Senator Hinojosa sent up Committee Amendment
1 and moved adoption; without objection, the amendment was
adopted. Senator Hinojosa requested unanimous consent to
incorporate the amendment into the committee substitute; without
objection, it was so ordered. Senator Hinojosa then moved that
the new committee substitute be adopted; without objection, it
was so ordered. Senator Hinojosa moved that SB 122 do not pass
but that CSSB 122 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.
The chair laid out SB 90 and recognized the author, Senator
Hinojosa, 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 Hinojosa moved that SB 90 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 Hinojosa moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out SB 91 and recognized the author, Senator
Hinojosa, 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 Hinojosa moved that SB 91 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 Hinojosa moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out SB 548 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 bill as
filed. Senator Ellis 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 requested
unanimous consent to incorporate the amendment into the
committee substitute; without objection, it was so ordered.
Senator Ellis then moved that the new committee substitute be
adopted; 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 548 be left pending; without
objection, it was so ordered.
The chair laid out SB 938 and recognized the author, Senator
West, to explain the bill. Senator Ellis sent up a committee
substitute; the chair recognized Senator West to explain the
difference between the committee substitute and the 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 938 do not pass but that CSSB 938 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.
The chair laid out SB 560 and recognized the author, Senator
Carona, to explain the bill. Senator Carona sent up a committee
substitute; the chair recognized Senator Carona to explain the
difference between the committee substitute and the bill as
filed. Senator Carona 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 Carona moved that SB 560 do not pass but that CSSB 560
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.
The chair laid out SB 756 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 Ogden moved that SB 756 do not pass but that CSSB 756 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.
The chair laid out SB 893 and recognized the author, Senator
Carona, to explain the bill. Senator Carona sent up a committee
substitute; the chair recognized Senator Carona to explain the
difference between the committee substitute and the bill as
filed. Senator Carona 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 Carona moved that SB 893 be left pending; without
objection, it was so ordered.
The chair laid out SB 1303 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 moved that SB 1303 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 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 1006 and recognized Ned Munoz, Staffer for
Senator Harris, 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 Carona moved that SB 1006 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 Carona moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Carona assumed the chair.
The chair laid out SB 1263 and recognized the author, Senator
Whitmire, to explain the bill. 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 body of the bill; without
objection, it was so ordered. Senator Ogden then moved that the
new committee substitute be adopted; 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 Whitmire moved that SB 1263 do not pass but that CSSB
1263 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 resumed the chair.
The chair laid out SB 337 and recognized the author, Senator
Carona, to explain the bill. Senator Carona sent up a committee
substitute; the chair recognized Senator Carona to explain the
difference between the committee substitute and the bill as
filed. Senator Carona moved adoption of the committee
substitute; without objection, it was so ordered.
Senator Williams assumed the chair.
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 assumed the chair.
Senator Carona moved that SB 337 be left pending; without
objection, it was so ordered.
There being no further business, at 6:30 p.m. Senator Seliger
moved that the Committee stand recessed subject to the call of
the chair. Without objection, it was so ordered.
_____________________________
Senator John Whitmire, Chair
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Carley Rose, Clerk