MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Tuesday, April 8, 1997 9:00 am Capitol Extension, Room E1.012 ***** Pursuant to a notice posted in accordance with Senate Rule 11.11, a public hearing of the Senate Committee on Criminal Justice was held on Tuesday, April 8, 1997 in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator John Whitmire Senator Florence Shapiro Senator Robert Duncan Senator Jane Nelson Senator Jerry Patterson Senator Eliot Shapleigh Senator Royce West ***** The Chair called the meeting to order at 9:10 am. There being a quorum present, the following business was transacted. The following members arrived after the roll was called: Senator Florence Shapiro Senator Robert Duncan The Chair addressed pending business. SB 1156 by Whitmire Senator Shapleigh moved that SB 1156 as amended be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 5 ayes, 0 nays, 0 present not voting, and 0 absent. The Chair requested unanimous consent to show Senators Duncan and Shapiro voting aye on SB 1156 as amended pursuant to written request. This was granted without objection. The final vote on SB 1156 as amended was 7 ayes, 0 nays, 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. SB 68 by Moncrief The Chair laid out SB 68 and recognized the author, Senator Moncrief, to explain the bill. The chair called for public testimony, there being none, public testimony was closed. Senator West moved that SB 68 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 0 nays, 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. SB 550 by Moncrief The Chair laid out SB 550 and recognized the author, Senator Moncrief, to explain the bill. Senator West sent up a committee substitute; the Chair recognized Senator Moncrief 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. The Chair directed that the record reflect that Senator Duncan be shown present. Witnesses testifying and registering on the bill are shown on the attached list. Senator West moved that SB 550 do not pass but that CSSB 550 be reported back to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent. Senator West moved that the bill be recommended for placement on the Local & Uncontested Calender, without objection, it was so ordered. SB 123 by Bivins The Chair recognized Senator Patterson for a motion to take a vote SB 123, which was left pending from the previous hearing. Senator Patterson moved that SB 123 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 5 ayes, 2 nays, 0 present not voting, and 0 absent. SB 1218 by Patterson The Chair laid out SB 1218 and recognized the author, Senator Patterson, to explain the bill. Senator Patterson sent up a committee substitute; the Chair recognized Senator Patterson to explain the difference between the committee substitute and the bill as filed. Senator Patterson 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. Senator Patterson moved that SB 1218 do not pass but that CSSB 1218 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Patterson moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. SB 875 by Shapiro The Chair laid out SB 875 and recognized the author, Senator Shapiro, to explain the bill. Senator Shapiro sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Shapiro sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Witnesses testifying and registering on the bill are shown on the attached list. Senator West moved that SB 875, as amended, be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. SB 89 by West The Chair laid out SB 89 and recognized the author, Senator West, 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. Witnesses testifying and registering on the bill are shown on the attached list. Senator West moved that SB 89 do not pass but that CSSB 89 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 0 nays, 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. SB 1579 by Carona The Chair laid out SB 1579 and recognized the author, Senator Carona, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator West moved that SB 1579 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Nelson moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. SB 322 by Armbrister The Chair laid out SB 322 and recognized the author, Senator Armbrister, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. SB 322 was left pending. SB 710 by Brown The Chair laid out SB 710 and recognized the author, Senator Brown, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Nelson moved that SB 710 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Nelson moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. SB 542 by Barrientos The Chair laid out SB 542 and recognized the author, Senator Barrientos, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Nelson sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator West moved that SB 542, as amended, be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent. Pursuant to the request of the author, SB 80 was left pending. There being no further business, at 10:18 am Senator Whitmire announced that the Committee stand recessed subject to the call of the Chair. Without objection, it was so ordered. ______________________ Senator John Whitmire, Chair ______________________ Laura Appelt, Clerk