MINUTES 
                                           
                        SENATE COMMITTEE ON CRIMINAL JUSTICE 
                             Wednesday, April 18, 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 18, 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 SB106 and recognized the author, Senator  
         Cain, 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  
         SB106 be left pending; without objection, it was so ordered.   
          
         The chair laid out SB1110 and recognized the author, Senator  
         Barrientos, to explain the bill.  Senator Moncrief sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Senator Whitmire requested unanimous  
         consent to incorporate the amendment into a committee  
         substitute; without objection, it was so ordered.  Senator  
         Whitmire then moved that the new committee substitute be  
         adopted; without objection, it was so ordered.  Senator Moncrief  
         moved that SB1110 do not pass but that CSSB1110 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 Staples  
         requested unanimous consent to be shown voting aye on SB1110,  
         without objection, it was so ordered.  There were no witnesses  
         on SB1110. 
          
         The chair laid out SB1270 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.  Senator West moved that SB1270 be  
         reported favorably 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 the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.  Senators Bivins and Staples requested unanimous  
         consent to be shown voting aye on SB1270, without objection, it  
         was so ordered. 
          
         The chair laid out SB1271 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.  Senator Moncrief moved that  
         SB1271 be reported favorably 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.  Senators Bivins and  
         Staples requested unanimous consent to be shown voting aye on  
         SB1271, without objection, it was so ordered. 
          
         The chair laid out SB253 and recognized the author, Senator  
         Shapleigh, to explain the bill.  Senator Moncrief sent up a  
         committee substitute; the chair recognized Senator Shapleigh to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Moncrief moved adoption of the committee  
         substitute; without objection, it was so ordered.  
          
         At 2:55 p.m. Senator Whitmire 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 3:15 p.m. Senator Armbrister resumed the chair.   
          
         Senator Whitmire moved that SB253 do not pass but that CSSB253  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 4 ayes, 2 nays, 0 present not voting, and 1 absent.  Senators  
         Bivins and Staples requested unanimous consent to be shown  
         voting nay on SB253, without objection, it was so ordered. 
          
         The chair laid out SB686 and recognized the author, Senator  
         Ellis, 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.   
          
         At 5:35 p.m. Senator Bivins assumed the chair.   
          
         At 5:40 p.m. Senator Armbrister resumed the chair.   
          
         Senator Armbrister moved that SB686 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB1367 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.   
          
         Senator Armbrister moved that SB1367 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB1713 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.  Senator Moncrief 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 Staples  
         moved that SB1713 do not pass but that CSSB1713 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 the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
         Senator Moncrief  requested unanimous consent to be shown voting  
         aye on SB1713, without objection it was so ordered. 
          
         The chair laid out SB1582 and recognized the author, Senator Van  
         de Putte, to explain the bill.  Senator Bivins 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.  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 Ogden  
         requested that the previously closed testimony be rescinded,  
         without objection, it was so ordered.  The chair moved that the  
         public testimony be closed; without objection, it was so  
         ordered.  Senator Armbrister moved that SB1582 be left pending;  
         without objection, it was so ordered.   
          
         The chair laid out SB1413 and recognized the author, Senator  
         Lindsay, to explain the bill.  Senator Bivins sent up a  
         committee substitute; the chair recognized Senator Lindsay 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  
         SB1413 do not pass but that CSSB1413 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.  Senators Moncrief and West  
         requested unanimous consent to be shown voting aye on SB1413,  
         without objection, it was so ordered. 
          
         At 8:05 p.m. Senator Bivins assumed the chair.   
          
         The chair laid out SB815 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  
         SB815 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, 1 nay, 0 present not  
         voting, and 2 absent.  Senator West requested unanimous consent  
         to be shown voting nay on SB815, without objection, it was so  
         ordered. 
          
         The chair laid out SB1119 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.   
         Senator Staples sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.  Senator  
         Staples requested unanimous consent to incorporate amendments  
         into the committee substitute; without objection, it was so  
         ordered.  Senator Armbrister then moved that the new committee  
         substitute be adopted; 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 SB1119 do not pass but that CSSB1119 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 chair laid out SB1120 and recognized the author, Senator  
         Armbrister, to explain the bill.  Senator Armbrister sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Senator West sent up Committee Amendment  
         2 and moved adoption; without objection, the amendment was  
         adopted.  Senator West requested unanimous consent to  
         incorporate amendments into a committee substitute; without  
         objection, it was so ordered.  Senator West then moved that the  
  
         new committee substitute be adopted; 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 SB1120 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB1278 and recognized the author, Senator  
         Armbrister, to explain the bill.  Senator Armbrister moved that  
         SB1278 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, 2 nays, 0 present not  
         voting, and 1 absent.  There were no witnesses on this bill. 
          
         At 9:55 p.m. Senator Armbrister resumed the chair.   
          
         There being no further business, at 10:00 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