MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Wednesday, March 21, 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, March 21, 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 1:40 p.m. There being a quorum present, the following business was transacted: The posting rule, Senate Rule 11.18, was suspended to hear the following bill(s): HB121 and HB 656. Senator West assumed the Chair until Senator Armbrister arrived. The chair laid out SB1206 and recognized the author, Senator Jackson, to explain the bill. Senator Moncrief sent up a committee substitute; the chair recognized Senator Jackson 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 West moved that SB1206 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator West moved that SB1206 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 absent. Senator Bivins requested unanimous consent to be shown voting aye on SB 1206, without objection, it was so ordered. The chair laid out SB814 and recognized the author, Senator Barrientos, 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 West moved that SB814 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Moncrief moved that SB814 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 absent. Senator Bivins requested unanimous consent to be shown voting aye on SB 814, without objection, it was so ordered. The chair laid out SB1648 and recognized the author, Senator Bernsen, 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. SB 1648 was left pending at the request of the author. The chair laid out SB1295 and recognized the author, Senator Van de Putte, 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. SB 1295 was left pending at the request of the author. At 2:40 p.m. Senator Moncrief assumed the chair. At 2:50 p.m. Senator West resumed the chair. The chair laid out HB656 and recognized Senator Moncrief, in the absence of the Senate sponsor, 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 West moved that HB656 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator West moved that HB656 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, 0 present not voting, and 1 absent. Senator West moved that witnesses for SB 117 be read into the record for companion HB 656, without objection, it was so ordered. The chair laid out SB654 and recognized the author, Senator Staples, 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 West moved that SB654 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that SB654 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, 0 present not voting, and 1 absent. Senator Staples moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bivins requested unanimous consent to be shown voting aye on SB 654, without objection, it was so ordered. The chair laid out SB1048 and recognized the author, Senator Shapiro, to explain the bill. Senator Staples sent up a committee substitute; the chair recognized Senator Shapiro to explain the difference between the committee substitute and the bill as filed. Senator Staples 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 SB1048 do not pass but that CSSB1048 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, 0 present not voting, and 1 absent. Senator Moncrief moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bivins requested unanimous consent to be shown voting aye on SB1048, without objection, it was so ordered. At 3:40 p.m. Senator Armbrister assumed the chair. The chair laid out HB121 and recognized the Senate sponsor, Senator Staples, to explain the bill. Senator Staples moved that HB121 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 absent. Senator Staples moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator West requested that HB 121 be removed from the Local and Uncontested Calendar, without objection, it was so ordered. Then Senator West moved to reconsider the vote by which HB 121 passed, without objection, it was so ordered. Senator Armbrister then sent up Committee Amendment 1. Discussion followed and HB 121 was left pending. At 3:50 p.m. Senator West assumed the chair. The chair laid out SB1325 and recognized the author, Senator Armbrister, to explain the bill. Senator Armbrister sent up a committee substitute; the chair recognized Senator Armbrister to explain the difference between the committee substitute and the bill as filed. Senator Armbrister 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 SB1325 do not pass but that CSSB1325 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 absent. Senator Bivins requested unanimous consent to be shown voting aye on SB1325, without objection, it was so ordered. The chair laid out SB1380 and recognized the author, Senator Armbrister, 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 Armbrister moved that SB1380 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 absent. Senator Bivins requested unanimous consent to be shown voting aye on SB1380, without objection, it was so ordered. At 4:00 p.m. Senator Armbrister resumed the chair. The Chair brought up SB293 from pending business. Senator West moved that SB293 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 absent. Senator West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bivins requested unanimous consent to be shown voting aye on SB293, without objection, it was so ordered. There being no further business, at 4:20 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