MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Tuesday, April 29, 1997 8:30 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 29, 1997 in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator John Whitmire Senator Robert Duncan Senator Florence Shapiro Senator Jane Nelson Senator Jerry Patterson Senator Eliot Shapleigh Senator Royce West ***** The Chair called the meeting to order at 8:35 am. There being a quorum present, the following business was transacted. The following members arrived after the roll was called: Senator Shapiro Senator Patterson Senator Shapleigh Senator West SB 12 by Luna The Chair laid out SB 12 and recognized the author, Senator Luna, to explain the bill. Senator Nelson sent up a committee substitute; the Chair recognized Senator Luna 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. Witnesses testifying and registering on the bill are shown on the attached list. Senator Nelson moved that SB 12 do not pass but that CSSB 12 be reported back to the 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 Nelson moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. HB 749 by Dunnam/Sibley The Chair laid out HB 749 and recognized the Senate sponsor, Senator Sibley, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Nelson moved that HB 749 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 Nelson moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. HB 1155 by Hightower/Brown The Chair laid out HB 1155 and recognized the Senate sponsor, Senator Brown, to explain the bill. Senator Nelson 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 Patterson moved that HB 1155, 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 Patterson moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. Senator West requested unanimous consent to be shown voting aye on HB 1155, without objection it was so ordered. The final vote on HB 1155 was 6 ayes, 0 nays, 0 present not voting, and 1 absent. HB 1386 by Gray/Brown The Chair laid out HB 1386 and recognized the Senate sponsor, Senator Brown, to explain the bill. Senator Patterson 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 HB 1386, 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 6 ayes, 0 nays, 0 present not voting, and 1 absent. HB 1545 by Finnell/Haywood The Chair laid out HB 1545 and recognized the Senate sponsor, Senator Haywood, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Nelson moved that HB 1545 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 Nelson moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. SB 108 by Cain The Chair recognized Senator Cain to take up SB 108, which was previously laid out. Senator Nelson sent up a committee substitute; the Chair recognized Senator Cain 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 Nelson moved that SB 108 do not pass but that CSSB 108 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, 1 present not voting, and 1 absent. HB 1050 by Gutierrez/Moncrief The Chair laid out HB 1050 and recognized the Senate sponsor, Senator Moncrief, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Patterson moved that HB 1050 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. SB 1827 by Shapleigh The Chair recognized Senator Shapleigh to take up SB 1827 which was previously laid out. Senator Shapleigh sent up a committee substitute; the Chair recognized Senator Shapleigh 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 Shapleigh moved that SB 1827 do not pass but that CSSB 1827 be reported back to the 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 Shapleigh moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. HB 485 by McClendon/Nelson The Chair laid out HB 485 and recognized the Senate sponsor, Senator Nelson, to explain the bill. The Chair called for public testimony, there being none, public testimony was closed. Senator Nelson moved that HB 485 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 1 absent. Senator Nelson 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 HB 485, without objection it was so ordered. The final vote on HB 485 was 6 ayes, 0 nays, 0 present not voting, and 1 absent. HB 311 by Place/Patterson The Chair laid out HB 311 and recognized the Senate sponsor, Senator Patterson, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. HB 311 was left pending. HB 2826 by Place/West The Chair laid out HB 2826 and recognized the Senate sponsor, Senator West, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator West moved that HB 2826 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 1 absent. Senator West 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 HB 2826, without objection it was so ordered. The final vote on HB 2826 was 6 ayes, 0 nays, 0 present not voting, and 1 absent. SB 1238 by West The Chair laid out SB 1238 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 1238, 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 West 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 1238, without objection it was so ordered. The final vote on SB 1238 was 6 ayes, 0 nays, 0 present not voting, and 1 absent. SB 1835 by Shapiro The Chair laid out SB 1835 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 1835, 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 1835, without objection it was so ordered. The final vote on SB 1835 was 6 ayes, 0 nays, 0 present not voting, and 1 absent. SB 1232 by Shapiro The Chair laid out SB 1232 and recognized the author, Senator Shapiro, to explain the bill. Senator Shapiro sent up a committee substitute; the Chair recognized Senator Shapiro to explain the difference between the committee substitute and the bill as filed. Senator Shapiro 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 1232 do not pass but that CSSB 1232 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 1232, without objection it was so ordered. The final vote on SB 1232 was 6 ayes, 0 nays, 0 present not voting, and 1 absent. SB 612 by Harris The Chair recognized Senator Harris to take up SB 612, which was left pending from the previous hearing. Senator Nelson moved that SB 612 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, 1 nay, 0 present not voting, and 1 absent. Senator Shapleigh requested unanimous consent to be shown voting aye on SB 612, without objection it was so ordered. The final vote on SB 612 was 5 ayes, 1 nay, 0 present not voting, and 1 absent. There being no further business, at 9:59 am Senator Whitmire announced that the Committee stand recessed subject to the call of the Chair. __________________________ Senator John Whitmire, Chair __________________________ Laura Appelt, Clerk