MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Wednesday, February 24, 1999 1:00 pm Capitol Extension, Room E1.016 ***** Pursuant to a notice posted in accordance with Senate Rule 11.11 and a suspension of Senate Rule 11.11, a public hearing of the Senate Committee on Criminal Justice was held on Wednesday, February 24, 1999 in the Capitol Extension, Room E1.016, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Kenneth Armbrister None Senator Robert Duncan Senator Mike Jackson Senator Jane Nelson Senator Florence Shapiro Senator Royce West Senator John Whitmire ***** The Chair called the meeting to order at 1:20 pm. There being a quorum present, the following business was transacted. The following members arrived after the roll was called: none. Senator Nelson moved adoption of the minutes from February 17, 1999, there being no objection, the motion prevailed. The Chair laid out SB 22, 23, 24, 50, 461, and 588 and asked the author, Senator Nelson, to explain the bills. Witnesses testifying and registering on SB 22 are shown on the attached list. Public testimony was closed. Senator Nelson moved that SB 22 be left pending; without objection, it was so ordered. Witnesses testifying and registering on the SB 23 are shown on the attached list. Public testimony was closed. Senator Nelson moved that SB 23 be reported favorably 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. Senators West and Whitmire requested unanimous consent to be shown voting aye on SB 23. There being no objection the motion prevailed. Senator Nelson sent up CSSB 24; the Chair recognized Senator Nelson to explain the difference between the committee substitute and the bill as filed. Witnesses testifying and registering on CSSB 24 are shown on the attached list. Public testimony was closed. Senator West sent up Committee Amendment 1 and moved adoption. The motion failed by a vote of 2 ayes, 4 nays, 0 present not voting, and 1 absent. Senator Nelson moved that SB 24 do not pass but that CSSB 24 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 Whitmire requested unanimous consent to be shown voting aye on CSSB 24. There being no objection the motion prevailed. Witnesses testifying and registering on SB 50 are shown on the attached list. Public testimony was closed. Senator Nelson moved that SB 50 be reported favorably 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 Whitmire requested unanimous consent to be shown voting aye on SB 50. There being no objection the motion prevailed. Senator Nelson sent up CSSB 461 and moved adoption, without objection, the committee substitute was adopted. Witnesses testifying and registering on CSSB 461 are shown on the attached list. Public testimony was closed. Senator Nelson moved that SB 461 do not pass but that CSSB 461 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 Whitmire requested unanimous consent to be shown voting aye on CSSB 461. There being no objection, the motion prevailed Senator Nelson sent up CSSB 588 and moved adoption; without objection, the substitute was adopted. Witnesses testifying and registering on CSSB 588 are shown on the attached list. Public testimony was closed. Senator Nelson moved that SB 588 do not pass but that CSSB 588 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 Whitmire requested unanimous consent to be shown voting aye on CSSB 588. There being no objection, the motion prevailed. The Chair laid out SB 152 and recognized the author, Senator West, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. Senator West moved that SB 152 be reported favorably 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. Senators Nelson and Whitmire requested unanimous consent to be shown voting aye on SB 152. There being no objection, the motion prevailed. Senator West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out SB 283 and recognized the author, Senator West, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. Senator West sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator West moved that SB 283, as amended, be reported favorably 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 Whitmire requested unanimous consent to be shown voting aye on SB 283. There being no objection, the motion prevailed. Senator West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out SB 194 and recognized the author, Senator Ogden, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed At 3:55 pm Senator Jackson assumed the chair. Senator Armbrister moved that SB 194 be left pending; without objection, it was so ordered. At 4:00 pm Senator Armbrister resumed the chair. The Chair laid out subcommittee report on SB 306 and recognized the Subcommittee Chair, Senator Duncan to explain the report. Senator Duncan then moved adoption of the subcommittee report; there being objection, the motion carried with a vote of 5 ayes, 1 nay, 0 present not voting, and 1 absent. Senator Duncan moved that SB 306 do not pass but that CSSB 306 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, 1 nay, 0 present not voting, and 1 absent. There being no further business, at 4:50 pm Senator Armbrister moved that the Committee stand recessed subject to the call of the Chair. Without objection, it was so ordered. ______________________ Senator Kenneth Armbrister, Chair ______________________ Kelly C. Gilbert, Clerk