MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Tuesday, April 22, 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 22, 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 Duncan Senator Patterson Senator West SB 1011 by Madla The Chair laid out SB 1011 and recognized the author, Senator Madla, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Pursuant to the request of the author, SB 1011 was left pending. SB 919 by Moncrief The Chair laid out SB 919 and recognized the author, Senator Moncrief, to explain the bill. Senator Shapleigh sent up a committee substitute; the Chair recognized Senator Moncrief to explain the difference between the committee substitute and the bill as filed. Senator Shapleigh 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 Shapiro moved that SB 919 do not pass but that CSSB 919 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 4 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Shapleigh moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. Senators West and Duncan requested unanimous consent to be shown voting aye on SB 919, without objection it was so ordered. The final vote on SB 919 was 6 ayes, 0 nays, 0 present not voting, and 1 absent. SB 1728 by West The Chair laid out SB 1728 and recognized the author, Senator West, to explain the bill. Senator West sent up Committee Amendment 1 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 1728, 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 4 ayes, 0 nays, 0 present not voting, and 1 absent. Senator West moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. Senators Duncan and Shapleigh requested unanimous consent to be shown voting aye on SB 1728, without objection it was so ordered. The final vote on SB 1728 was 6 ayes, 0 nays, 0 present not voting, and 1 absent. SB 50 by Shapiro The Chair laid out SB 50 and recognized the author, Senator Shapiro, to explain the bill. The Chair called for public testimony, there being none, public testimony was closed. Senator Shapiro moved that SB 50 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 4 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. Senators Duncan and Shapleigh requested unanimous consent to be shown voting aye on SB 50, without objection it was so ordered. The final vote on SB 50 was 6 ayes, 0 nays, 0 present not voting, and 1 absent. SB 548 by Shapiro The Chair laid out SB 548 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. Witnesses testifying and registering on the bill are shown on the attached list. Senator Shapiro moved that SB 548, 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 5 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. Senator Shapleigh requested unanimous consent to be shown voting aye on SB 548, without objection it was so ordered. The final vote on SB 548 was 6 ayes, 0 nays, 0 present not voting, and 1 absent. SB 1886 by Shapleigh The Chair laid out SB 1886 and recognized Senator West to explain the bill. (Senator Shapleigh returned to the meeting.) Witnesses testifying and registering on the bill are shown on the attached list. Senator West moved that SB 1886 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 6 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. SB 612 by Harris The Chair laid out SB 612 and recognized the author, Senator Harris, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. SB 612 was left pending. At 9:40 am Senator Shapiro assumed the chair. SB 1120 by Armbrister The Chair recognized Senator Whitmire for an amendment to SB 1120, which was left pending from the previous hearing. Senator Whitmire sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Whitmire moved that SB 1120, 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 5 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Shapleigh requested unanimous consent to be shown voting aye on SB 1120, without objection it was so ordered. The final vote on SB 1120 was 6 ayes, 0 nays, 0 present not voting, and 1 absent. At 9:45 Senator Whitmire resumed the chair. SB 279 by Patterson The Chair laid out SB 279 and recognized Senator Nelson to explain the bill. Senator Nelson sent up a committee substitute; the Chair recognized Senator Nelson to explain the difference between the committee substitute and the bill as filed. Senator Nelson moved adoption of the committee substitute, without objection, it was so ordered. (Senator Patterson arrived) Witnesses testifying and registering on the bill are shown on the attached list. SB 279 was left pending. No action was taken on the following bills: SB 108 SB 995 SB 1523 SB 1738 SB 1827 There being no further business, at 9:55 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