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