MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Wednesday, February 28, 2001 1:00 p.m. Capitol Extension, Room E1.028 ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Criminal Justice was held on Wednesday, February 28, 2001, in the Capitol Extension, Room E1.028, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Kenneth Armbrister None Senator John Whitmire Senator Teel Bivins Senator Mike Moncrief Senator Steve Ogden Senator Todd Staples Senator Royce West ***** The chair called the meeting to order at 1:15 p.m. There being a quorum present, the following business was transacted: The chair laid out SB661 and recognized the author, Senator Carona, to explain the bill. Senator Ogden sent up a committee substitute; the chair recognized Senator Carona to explain the difference between the committee substitute and the bill as filed. Senator Ogden 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. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that SB661 be left pending to await a quorum; without objection, it was so ordered. Senator Moncrief moved that SB661 do not pass but that CSSB661 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Moncrief moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB671 and recognized the author, Senator Jackson, to explain the bill. Senator Ogden sent up a committee substitute; the chair recognized Senator Jackson to explain the difference between the committee substitute and the bill as filed. Senator Ogden 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. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Moncrief moved that SB671 do not pass but that CSSB671 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Moncrief moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Staples requested unanimous consent to be shown voting aye on SB671, without objection, it was so ordered. The chair laid out SB437 and recognized the author, Senator Staples, to explain the bill. Senator Staples sent up a committee substitute; the chair recognized Senator Staples to explain the difference between the committee substitute and the bill as filed. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Staples sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Staples requested unanimous consent to incorporate the amendment into the committee substitute; without objection, it was so ordered. Senator Staples moved that SB437 do not pass but that CSSB437 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 1 present not voting, and 0 absent. The chair laid out SB577 and recognized the author, Senator Bivins, to explain the bill. Senator Bivins sent up a committee substitute; the chair recognized Senator Bivins to explain the difference between the committee substitute and the bill as filed. Senator Bivins 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. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Bivins moved that SB577 do not pass but that CSSB577 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 1 nay, 0 present not voting, and 0 absent. Senator Ogden requested unanimous consent to be shown voting aye on SB 577, without objection, it was so ordered. The chair laid out SB340 and recognized the author, Senator Haywood, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Moncrief moved that SB340 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Moncrief moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Ogden and Whitmire requested unanimous consent to be shown voting aye on SB 340, without objection, it was so ordered. The Chair brought up SB 494 from pending business. Senator West raised a point of order which led to a parliamentary inquiry about SB 494 having to be listed as pending business on the agenda for a vote to occur. After checking with the Senate Parliamentarian, the Chair ruled that the bill could be voted upon by a motion because SB 494 had been properly posted and heard at a prior hearing. Senator Armbrister moved that SB340 be left pending; without objection, it was so ordered. At 4:30 p.m. Senator Whitmire assumed the chair. The chair laid out SB89 and recognized the author, Senator Nelson, to explain the bill. Senator Bivins sent up a committee substitute. Senator Bivins then withdrew the committee substitute and without objection the substitute was withdrawn. Senator Staples sent up a committee substitute; the chair recognized Senator Nelson to explain the difference between the committee substitute and the bill as filed. At 5:15 p.m. Senator Bivins assumed the chair. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. At 5:20 p.m. Senator Armbrister resumed the chair. At the request of the author, Senator Armbrister moved that SB89 be left pending; without objection, it was so ordered. There being no further business, at 5:40 p.m. 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