MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Wednesday, April 25, 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 25, 2001, in the Capitol Extension, Room E1.028, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Kenneth Armbrister 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 3:00 p.m. There being a quorum present, the following business was transacted: The chair laid out SB1807 and recognized the author, Senator Ogden, 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 Ogden moved that SB1807 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 Ogden moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Bivins and West requested unanimous consent to be shown voting aye on SB1807, without objection, it was so ordered. The chair laid out SB1312 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. 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 Armbrister moved that SB1312 be left pending to await a quorum; without objection, it was so ordered. Senator Staples moved that SB1312 do not pass but that CSSB1312 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 requested unanimous consent to be shown voting aye on SB1312, without objection, it was so ordered. At 3:15 p.m. Senator Ogden assumed the chair. The chair laid out SB1313 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. Senator Staples moved adoption of the committee substitute; without objection, it was so ordered. At 3:30 p.m. Senator Armbrister resumed 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. Senator Armbrister moved that SB1313 be left pending. Senator Ogden moved to table SB106 and hear the companion bill, HB139, without objection, it was so ordered. The chair laid out HB139 and recognized the Senate sponsor, Senator Cain, to explain the bill. There were no witnesses on HB139. Senator Moncrief moved that HB139 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. Senators Ogden requested unanimous consent to be shown voting aye on HB139, without objection, it was so ordered. The chair laid out SB1724 and recognized the author, Senator Cain, to explain the bill. Senator Ogden sent up a committee substitute; the chair recognized Senator Cain 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 SB1724 be left pending; without objection, it was so ordered. The chair laid out SB786 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 Armbrister moved that SB786 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Moncrief moved that SB786 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 requested unanimous consent to be shown voting aye on SB786. The chair laid out HB261 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 Moncrief moved that HB261 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. Senator Bivins requested unanimous consent to be shown voting aye on HB261, without objection, it was so ordered. At 5:10 p.m. Senator Moncrief assumed the chair. The chair brought up SB455 from pending business. Senator Armbrister moved to re-open public testimony, 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 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 Armbrister moved that SB455 be left pending to await a quorum; without objection, it was so ordered. Senator Moncrief moved that SB455 do not pass but that CSSB455 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 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 SB455, without objection, it was so ordered. The chair laid out HB780 and recognized the Senate sponsor, 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 Moncrief moved that HB780 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Moncrief moved that HB780 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 requested unanimous consent to be shown voting aye on HB780, without objection, it was so ordered. The chair laid out HB772 and recognized the Senate sponsor, 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 sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Moncrief requested unanimous consent to incorporate amendments into 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 then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Moncrief moved that HB772 do not pass but that CSHB772 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. At 5:45 p.m. Senator Armbrister resumed the chair. The chair laid out HB1739 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 HB1739 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Moncrief moved that HB1739 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 requested unanimous consent to be shown voting aye on HB1739, without objection, it was so ordered. At 6:15 p.m. Senator West assumed the chair. The chair laid out SB1665 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. The bill was left pending at the request of the author. The chair brought up SB1120 from pending business. Committee Amendments 1 and 2 had previously been adopted. Senator West requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered. Senator Armbrister sent up Committee Amendment 3 and moved adoption; without objection, the amendment was adopted. Senator West withdrew his previous motion to incorporate the amendments into the committee substitute, without objection, it was so ordered. Senator West requested unanimous consent to incorporate amendments into the 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. Senator Moncrief moved that SB1120 do not pass but that CSSB1120 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, 0 nay, 0 present not voting, and 3 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 SB1347 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. The bill was left pending at the request of the author. At 6:45 p.m. Senator Armbrister resumed the chair. The chair brought up HB1600 from pending business. Senator West sent up a committee substitute; the chair recognized Senator West to explain the difference between the committee substitute and the bill as filed. Senator West moved adoption of the committee substitute; without objection, it was so ordered. Senator West moved that HB1600 do not pass but that CSHB1600 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 requested unanimous consent to be shown voting aye on HB1600, without objection, it was so ordered. The chair brought up SB110 from pending business. Senator Moncrief moved that SB110 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, 1 present not voting, and 1 absent. Senator Bivins requested unanimous consent to be shown voting aye on SB110. The chair brought up SB402 from pending business. Senator Moncrief moved to withdraw the previously offered committee substitute, without objection, it was so ordered. Senator Moncrief sent up a new committee substitute; the chair recognized Senator Moncrief 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. The bill was left pending. The chair brought up SB1367 from pending business. Senator Moncrief sent up a committee substitute; the chair recognized Senator Moncrief 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. Senator Staples sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Staples requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered. Senator Staples then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Staples moved that SB1367 do not pass but that CSSB1367 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 SB1367, without objection, it was so ordered. There being no further business, at 7:30 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