MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Wednesday, March 10, 1999 2:00 pm E1.016 ***** 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 Wednesday, March 10, 1999 in 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 2:10 pm. There being a quorum present, the following business was transacted. The following members arrived after the roll was called: none. The Chair laid out SB 528 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 Jackson moved that SB 528 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 Duncan and West requested unanimous consent to be shown voting aye on SB 528, without objection, the motion prevailed. At 2:20 pm Senator Whitmire assumed the chair. The Chair laid out SB 650 and recognized the author, Senator Carona, to explain the bill. Witnesses were read into the record. Senator Carona asked that SB 650 be pulled down. The Chair laid out SB 114 and recognized the author, Senator Gallegos, Jr., to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. Senator Shapiro moved that SB 114 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 Duncan and West requested unanimous consent to be show voting aye on SB 114, without objection, the motion prevailed. At 3:15 pm Senator Armbrister resumed the chair. The Chair laid out SB 302 and recognized the author, Senator Lucio, Jr., to explain the bill. Senator Armbrister sent up a committee substitute; the Chair recognized Senator Lucio, Jr. to explain the difference between the committee substitute and the bill as filed. Senator Shapiro sent up Committee Amendment 1 to the committee substitute and moved adoption, without objection, the motion prevailed. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. Senator Armbrister moved that CSSB 302, as amended, be adopted, without objection, it was so ordered. CSSB 302 was left pending. The Chair laid out SB 388 and recognized the author, Senator Lucio, Jr., to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. Senator Nelson moved that SB 388 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 Duncan and West requested unanimous consent to be shown voting aye on SB 388, without objection, it was so ordered. The Chair laid out SB 205 and recognized the author, Senator Carona, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. SB 205 was left pending at the request of the author. The Chair brought up SB 41 from pending business. Senator Shapiro sent up CSSB 41 and moved adoption, without objection, the committee substitute was adopted. Senator Shapiro moved that SB 41 do not pass but that CSSB 41 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. Senators Duncan and West requested unanimous consent to be shown voting aye on CSSB 41, without objection, the motion prevailed. At 5:15 pm Senator Whitmire assumed the chair. The Chair laid out SB 404 and recognized the author, Senator Armbrister, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. Senator Armbrister moved that SB 404 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 6 ayes, 0 nays, 1 present not voting, and 0 absent. Senator Duncan requested unanimous consent to be shown voting aye on SB 404, without objection, it was so ordered. Senator West requested unanimous consent to be shown present not voting, without objection, the motion prevailed. Senator Nelson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out SB 452 and recognized the author, Senator Armbrister, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. Senator Armbrister sent up Committee Amendment 1 and moved adoption, without objection, it was adopted. Senator Armbrister moved that SB 452, as amended, be left pending; without objection, it was so ordered. At 6:25 pm Senator Jackson assumed the chair. The Chair laid out SB 460 and recognized the author, Senator Armbrister, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. Senator Armbrister sent up Committee Amendment 1 and moved adoption. The amendment was adopted with a vote of 4 ayes and 1 nay. Senator Armbrister moved that SB 460, 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 4 ayes, 1 nay, 0 present not voting, and 2 absent. Senator Armbrister resumed the chair at 6:40 pm. Senator West moved adoption of the minutes from the meeting of March 3, 1999, without objection, the motion prevailed. There being no further business, at 6:45 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