MINUTES

 

SENATE COMMITTEE ON CRIMINAL JUSTICE

Monday, April 27, 2009

1:30 p.m. or upon adjournment

Senator Whitmire's Desk

 

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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 Monday, April 27, 2009, at Senator Whitmire's Desk on the Senate Floor in Austin, Texas.

 

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MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator John Whitmire

Senator Kel Seliger

Senator John Carona

Senator Rodney Ellis

Senator Glenn Hegar

Senator Juan Hinojosa

Senator Dan Patrick

 

None

 

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The chair called the meeting to order at 2:11 p.m.  There being a quorum present, the following business was transacted: 

 

As a matter of pending business, the chair laid out SB 411.  Senator Carona moved that SB 411 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. 

 

As a matter of pending business, the chair laid out SB 413.  Senator Carona moved that SB 413 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. 

 

As a matter of pending business, the chair laid out SB 414.  Senator Carona moved that SB 414 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. 

As a matter of pending business, the chair laid out SB 415.  Senator Carona moved that SB 415 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. 

 

As a matter of pending business, the chair laid out SB 449.  Senator Carona moved that SB 449 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. 

 

As a matter of pending business, the chair laid out SB 549.  Senator Carona moved that SB 549 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 nays, 0 present not voting, and 1 absent.  Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, the chair laid out SB 689.  Senator Carona moved adoption of the committee substitute that was explained during the public hearing on April 21, 2009; without objection, it was so ordered.  Senator Carona moved that SB 689 do not pass but that CSSB 689 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 nays, 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.   

 

Senator Carona submitted a motion in writing to request unanimous consent to be shown voting aye on SB 710, SB 1324, SB 1530, SB 1531, SB 1835, SB 1909, SB 2048, SB 2162, SB 2228, SB 2626, SB 2280, SB 2304, and SB 2340.  Senator Carona requested unanimous consent to be shown voting nay on SB 1840.

 

As a matter of pending business, the chair laid out SB 710.  Senator Seliger moved adoption of the committee substitute that was explained during the public hearing on April 21, 2009; without objection, it was so ordered.  Senator Seliger moved that SB 710 do not pass but that CSSB 710 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 nays, 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. 

 

As a matter of pending business, the chair laid out SB 1324.  Senator Patrick moved adoption of the committee substitute that was explained during the public hearing on April 23, 2009; without objection, it was so ordered.  Senator Patrick moved that SB 1324 do not pass but that CSSB 1324 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 nays, 0 present not voting, and 0 absent.  Senator Patrick moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.   

 

As a matter of pending business, the chair laid out SB 1530.  Senator Seliger moved that SB 1530 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 nays, 0 present not voting, and 0 absent.  Senator Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, the chair laid out SB 1531.  Senator Seliger moved that SB 1531 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 nays, 0 present not voting, and 0 absent.  Senator Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, the chair laid out SB 1835.  Senator Patrick moved adoption of the committee substitute that was explained during the public hearing on April 21, 2009; without objection, it was so ordered.  Senator Patrick moved that SB 1835 do not pass but that CSSB 1835 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, 1 nay, 0 present not voting, and 0 absent. 

 

As a matter of pending business, the chair laid out SB 1840.  Senator Hinojosa moved that SB 1840 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, 2 nays, 0 present not voting, and 0 absent. 

 

As a matter of pending business, the chair laid out SB 1909.  Senator Hinojosa moved that SB 1909 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 nays, 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. 

 

As a matter of pending business, the chair laid out SB 2048.  Senator Patrick sent up a committee substitute and moved adoption; without objection, it was so ordered.  Senator Patrick moved that SB 2048 do not pass but that CSSB 2048 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 nays, 0 present not voting, and 1 absent.  Senator Whitmire moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.         

 

As a matter of pending business, the chair laid out SB 2162.  Senator Ellis moved that SB 2162 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 nays, 0 present not voting, and 0 absent.  Senator Ellis moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, the chair laid out SB 2228.  Senator Seliger moved that SB 2228 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 nays, 0 present not voting, and 0 absent.  Senator Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, the chair laid out HB 2626 in lieu of SB 2239.  Senator Seliger moved that HB 2626 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 nays, 0 present not voting, and 0 absent.  Senator Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, the chair laid out SB 2280.  Senator Ellis moved adoption of the committee substitute that was explained on April 23, 2009; without objection, it was so ordered.  Senator Ellis moved that SB 2280 do not pass but that CSSB 2280 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, 1 nay, 0 present not voting, and 0 absent. 

 

As a matter of pending business, the chair laid out SB 2304.  Senator Patrick moved adoption of the committee substitute that was explained on April 21, 2009; without objection, it was so ordered.  Senator Patrick moved that SB 2304 do not pass but that CSSB 2304 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 nays, 0 present not voting, and 0 absent.   

 

As a matter of pending business, the chair laid out SB 2340.  Senator Seliger moved adoption of the committee substitute that was explained on April 21, 2009; without objection, it was so ordered.  Senator Seliger moved that SB 2340 do not pass but that CSSB 2340 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 nays, 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. 

 

Senator Seliger motioned to reconsider the vote by which SB 2048 was reported out of the committee; there being no objection, it was so ordered.  Senator Seliger motioned to remove the committee substitute.  Senator Patrick moved that SB 2048 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 nays, 0 present not voting, and 1 absent.  Senator Patrick 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 2:26 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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Vanessa Valdez, Clerk