MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Tuesday, May 8, 2001 1:00 p.m. Capitol Extension, Room E1.012 ***** 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 Tuesday, May 8, 2001, in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Kenneth Armbrister Senator Todd Staples Senator John Whitmire Senator Teel Bivins Senator Mike Moncrief Senator Steve Ogden Senator Royce West ***** Senator Moncrief called the meeting to order at 2:55 p.m. There being a quorum present, the following business was transacted: The chair laid out HB598 and recognized the Senate sponsor, Senator Harris, 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 Moncrief moved that HB598 be left pending; without objection, it was so ordered. Senator Moncrief moved that the committee stand at ease, without objection it was so ordered. The meeting resumed at 3:00 p.m. The chair laid out HB232 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. The bill was left pending. The chair laid out HB1126 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 Armbrister moved that HB1126 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Moncrief moved that HB1126 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 West requested unanimous consent to be shown voting aye on HB1126, without objection, it was so ordered. At 3:45 p.m. Senator Armbrister resumed the chair. The chair brought up SB1724 from pending business. Senator Ogden had previously sent up a committee substitute on 4/25/01. Senator Moncrief moved adoption of the committee substitute, without objection, it was so ordered. Senator Moncrief sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Moncrief requested unanimous consent to incorporate the amendment into the committee substitute; without objection, it was so ordered. The bill was left pending. The chair laid out HB510 and recognized the Senate sponsor, Senator West, to explain the bill. There were no witnesses on this bill. Senator Armbrister moved that HB510 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Moncrief moved that HB510 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 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 HB510, without objection, it was so ordered. The chair laid out HB73 and recognized the Senate sponsor, Senator West, to explain the bill. There were no witnesses on this bill. Senator Armbrister moved that HB73 be left pending; without objection, it was so ordered. The chair laid out HB1541 and recognized the Senate sponsor, Senator West, 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 HB1541 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Whitmire moved that HB1541 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 West requested unanimous consent to be shown voting aye on HB1541, without objection, it was so ordered. At 3:55 p.m. Senator West assumed the chair. At 4:00 p.m. Senator Armbrister resumed the chair. The chair laid out HB171 and recognized the Senate sponsor, Senator Nelson, to explain the bill. Senator West sent up a committee substitute; the chair recognized Senator Nelson to explain the difference between the committee substitute and the bill as filed. Senator Whitmire moved adoption of the committee substitute; without objection, it was so ordered. Senator West sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Whitmire 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 Whitmire then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Whitmire moved that HB171 do not pass but that CSHB171 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 Bivins and West requested unanimous consent to be shown voting aye on HB171, without objection, it was so ordered. At 4:25 p.m. Senator West assumed the chair. At 4:30 p.m. Senator Armbrister resumed the chair. The chair laid out HB84 and recognized the Senate sponsor, 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 Armbrister moved that HB84 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Ogden moved that HB84 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 Ogden moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator West requested unanimous consent to be shown voting aye on HB84, without objection, it was so ordered. The chair laid out HB1323 and recognized Senator West, in the absence of the Senate sponsor, to explain the bill. Senator West sent up a committee substitute; the chair recognized Jason Johnson 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. 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 HB1323 do not pass but that CSHB1323 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 Bivins and West requested unanimous consent to be shown voting aye on HB1323, without objection, it was so ordered. At 4:50 p.m. Senator West assumed the chair. The chair laid out HB223 and recognized the Senate sponsor, 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. The bill was left pending. The chair laid out HB1659 and recognized Senator Whitmire, in the absence of the Senate sponsor, to explain the bill. Senator Whitmire sent up a committee substitute; the chair recognized Jason Johnson to explain the difference between the committee substitute and the bill as filed. Senator Whitmire 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 HB1659 do not pass but that CSHB1659 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 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 HB1659, without objection, it was so ordered. The chair laid out HB1658 and recognized Senator Whitmire, 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 Whitmire moved that HB1658 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 Whitmire 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 HB1658, without objection, it was so ordered. The chair laid out HB805 and recognized Senator Whitmire, 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. The bill was left pending. At 5:25 p.m. Senator Armbrister resumed the chair. The chair brought up HB236 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 Whitmire 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. Senator Moncrief then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Moncrief moved that HB236 do not pass but that CSHB236 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, 1 nay, 0 present not voting, and 2 absent. The chair laid out HB1680 and recognized the Senate sponsor, Senator Whitmire, 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 Whitmire moved that HB1680 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 Whitmire 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 HB1680, without objection, it was so ordered. At 6:30 p.m. Senator Whitmire assumed the chair. The chair laid out HB335 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 HB335 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 West requested unanimous consent to be shown voting aye on HB335, without objection, it was so ordered. At 6:35 p.m. Senator Armbrister resumed the chair. There being no further business, at 7:24 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