MINUTES SENATE COMMITTEE ON JURISPRUDENCE Monday, November 5, 2001 1:00 p.m. Capitol Extension, Room E1.012 ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Jurisprudence was held on Monday, November 5, 2001, in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Royce West Senator David Bernsen Senator Robert Duncan Senator J. E. Brown Senator Rodney Ellis Senator Mike Jackson Senator Jeff Wentworth ***** The chair called the meeting to order at 1:10 p.m. There being a quorum present, the following business was transacted: The following members arrived after the roll was called: Senator Jeff Wentworth The Chair laid out the Committee Rules. Senator Jackson moved adoption of the rules; without objection, it was so ordered. The Chair laid out an interim timeline but stated the dates are subject to change. A brief discussion followed. The Chair gave opening remarks. The Chair laid out Charge1: Study the effectiveness of the progressive sanction guidelines for juvenile offenders. Determine whether the guidelines established by H.B. 327, 74th Legislature, are bringing consistency, uniformity, and predictability to juvenile dispositions in an effort to facilitate juvenile justice planning and improve the allocation of resources within the juvenile justice system. The Committee shall make recommendations for improving the effectiveness of juvenile sanctions in protecting public safety and rehabilitating offenders. The following witnesses testified: Dr. Tony Fabelo, representing the Criminal Justice Policy Council Ms. Vicki Spriggs, representing the Texas Juvenile Probation Commission Professor Robert Dawson, representing self Mr. Keith Hampton, representing the Criminal Defense Lawyers Association Mr. David Montague, representing the Texas District and County Attorney's Association The Chair laid out Charge 2: Study the judicial system's revenue structure and make recommendations for improving the collection, dispersal, and accounting of court costs, fees, and fines by state and local entities. This study should include a review of all court costs and fees (except those related to the Crime Victims' Compensation Fund) to ensure that they are necessary and are adequately fulfilling their intended purpose. The following witnesses testified: Ms. Mary Hawkins, representing the State Comptroller of Public Accounts Mr. Frank Sturzl, representing the Texas Municipal League Mr. Rod Dietz, representing the State Comptroller of Public Accounts The following people registered but did not testify: Mr. Jerry Benedict, representing the Office of Court Administration The Chair laid out Charge 3: Study and make recommendations for the reapportionment of judicial districts pursuant to Article V, Section 7a, Texas Constitution. The following witnesses testified: Chief Justice Tom Phillips, representing self Judge B.B. Schraub, representing the Conference of Presiding Judges Mr. Jeff Archer, representing the Texas Legislative Council Mr. Jerry Benedict, representing the Office of Court Administration The following people registered but did not testify: Ms. Janet Monteros, representing the Mexican American Bar of Texas The Chair laid out Charge 4: Study and make recommendations for improving the structure of the state's trial court system, including, but not limited to: improving the quality, cost-effectiveness, and uniformity of the visiting judge program; devising objective criteria to be used by the Legislature to determine when and where additional trial courts should be created; and clarifying jurisdictional conflicts between courts. The following witnesses testified: Chief Justice Tom Phillips, representing self Judge B.B. Schraub, representing the Conference of Presiding Judges Judge John Ovard, representing self The following people registered but did not testify: Mr. Jerry Benedict, representing the Office of Court Administration Ms. Verma Elliott, representing the State Auditor's Office Ms. Julie Ivie, representing the State Auditor's Office Ms. Janet Monteros, representing the Mexican American Bar of Texas Mr. Michael Stiernberg, representing the State Auditor's Office The Chair laid out Charge 5: Monitor the implementation of SB 1074, 77th Legislature, relating to the prevention of racial profiling by certain peace officers. The following witnesses testified: Randy Elliston, Assistant Chief, representing the Texas Department of Public Safety At 3:22 p.m. Senator Wentworth assumed the chair. At 3:29 p.m. Senator West resumed the chair. There being no further business, at 3:39 p.m. Senator West moved that the Committee be recessed. Without objection, it was so ordered. ______________________ Senator Royce West, Chair ______________________ Stephanie Hoover, Clerk