MINUTES REVISED SENATE COMMITTEE ON CRIMINAL JUSTICE Wednesday, April 11, 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, April 11, 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 1:25 p.m. There being a quorum present, the following business was transacted: The chair laid out SB1247 and recognized the author, Senator Gallegos, Jr., to explain the bill. Senator Whitmire sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 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 SB1247 be left pending; without objection, it was so ordered. The chair laid out SB932 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 Moncrief moved that SB932 do not pass but that CSSB932 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. Senators Bivins, Staples and West requested unanimous consent to be shown voting aye on SB932, without objection it was so ordered. The chair laid out SB110 and recognized Senator Moncrief, in the absence of the author, to explain the bill. There were no witnesses on SB110. Senator Armbrister moved that SB110 be left pending; without objection, it was so ordered. The chair laid out SB1531 and recognized Senator Moncrief, in the absence of the author, to explain the bill. Senator Cain's staff person, Scott Clinton answered questions on 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 SB1531 be left pending; without objection, it was so ordered. The chair brought up SB103 from pending business. Senator Staples had previously sent up a committee substitute. Senator Staples moved to withdraw the substitute, without objection, it was so ordered. Senator Ogden sent up a new committee substitute; the chair explained 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. Senator Armbrister moved that SB103 be left pending to await a quorum; without objection, it was so ordered. Senator Ogden moved that SB103 do not pass but that CSSB103 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. The posting rule, Senate Rule 11.18, was suspended to hear the following bill(s): SB1213 and HB 1600. The chair laid out SB1213 and recognized Senator Moncrief, in the absence of the author, 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 SB1213 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Ogden moved that SB1213 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 Bivins moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 2:05 p.m. Senator Moncrief assumed the chair. The chair laid out SB904 and recognized Senator Armbrister, in the absence of the author, to explain the bill. Senator Armbrister sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Armbrister then moved that committee amendment 1 be rolled into a 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. At 2:20 p.m. Senator Armbrister resumed the chair. Senator Moncrief moved that SB904 do not pass but that CSSB904 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, 1 present not voting, and 1 absent. The chair laid out HB1600 and recognized the Senate sponsor, 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. Senator Armbrister moved that HB1600 be left pending; without objection, it was so ordered. The chair laid out SB977 and recognized the author, Senator Van de Putte, to explain the bill. Senator Moncrief sent up a committee substitute; the chair recognized Senator Van de Putte 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 Armbrister moved that SB977 be left pending; without objection, it was so ordered. The chair brought up SJR25 from pending business. Senator Moncrief moved that SJR25 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 3 nays, 0 present not voting, and 0 absent. Senators Bivins and Ogden requested unanimous consent to be shown voting nay on SJR25, without objection, it was so ordered. The chair brought up SB680 from pending business. Senator Moncrief moved that SB680 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 3 nays, 0 present not voting, and 0 absent. Senators Bivins and Ogden requested unanimous consent to be shown voting nay on SB680, without objection, it was so ordered. The chair brought up SB85 from pending business. Senator West moved to withdraw previously offered committee substitutes A and B, without objection, it was so ordered. Senator West sent up a new 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. Senator West moved that SB85 do not pass but that CSSB85 be reported back to the Senate with the recommendation that it do pass and be printed. The motion failed by a record vote of 2 ayes, 4 nays, 0 present not voting, and 1 absent. At 4:30 p.m. Senator Bivins assumed the chair. The chair laid out SB819 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 SB819 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, 1 nay, 0 present not voting, and 1 absent. Senator Ogden requested unanimous consent to be shown voting aye on SB819, without objection, it was so ordered. Senator West requested unanimous consent to be shown voting nay on SB819, with objection, it was so ordered. At 4:40 p.m. Senator Armbrister resumed the chair. The chair brought up SB850 from pending business. Senator Moncrief sent up a committee substitute; the chair recognized Senator Barrientos to explain the difference between the committee substitute and the bill as filed. Senator West moved that the previously closed testimony be rescinded, without objection, it was so moved. Chris Jones from CLEAT, who had previously testified then answered questions from the committee. Senator Moncrief moved adoption of the committee substitute; without objection, it was so ordered. Senator Moncrief moved that SB850 do not pass but that CSSB850 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 Whitmire requested unanimous consent to be shown aye on SB850, without objection, it was so ordered. There being no further business, at 5:10 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 l