MINUTES 
                                           
                        SENATE COMMITTEE ON CRIMINAL JUSTICE 
                              Tuesday, March 18, 2003 
                           1:00 a.m. or upon adjournment 
                           Capitol Extension, Room E1.016 
                                           
                                       ***** 
                                           
         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, March 18, 2003, in the Capitol  
         Extension, Room E1.016, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator John Whitmire                   Senator John Carona 
         Senator Tommy Williams 
         Senator Rodney Ellis 
         Senator Juan Hinojosa 
         Senator Steve Ogden 
         Senator Bill Ratliff 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 1:40 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB 566 and recognized the author, Senator  
         West, to explain the bill.  Senator Hinojosa sent up a committee  
         substitute; the chair recognized Senator West to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Hinojosa 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 Hinojosa moved that SB 566 do not pass but that CSSB 566  
         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  
         Ellis moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chair laid out SB 568 and recognized the author, 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 Hinojosa moved that SB 568 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 475 and recognized the author, Senator  
         Barrientos, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list. Senator  
         Hinojosa 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 Hinojosa moved that SB 475 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 433 and recognized the author, Senator  
         Nelson, to explain the bill.  Senator Hinojosa 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 Williams moved that SB 433 do not pass but that CSSB 433  
         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  
         Williams moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chair laid out SB 473 and recognized the author, Senator  
         Ellis, to explain the bill.  Senator Ellis sent up a committee  
         substitute; the chair recognized Senator Ellis to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Ellis 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 Ellis moved that SB 473 do not pass but that CSSB 473 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 SB 631 and recognized the author, Senator  
         Harris, 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.   
  
                                       SENATE COMMITTEE ON CRIMINAL JUSTICE 
                                                                    Minutes 
                                                    Tuesday, March 18, 2003 
                                                                      page   3 
                                                                            
         Senator Williams moved that SB 631 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 543 and recognized the author, Senator  
         Duncan, to explain the bill.  Senator Ellis sent up a committee  
         substitute; the chair recognized Senator Duncan to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Ratliff 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 Ellis moved that SB 543 do not pass but that CSSB 543 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 Ellis  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 532 and recognized the author, Senator  
         Williams, 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 Ratliff moved that SB 532 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 Ratliff moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 515 and recognized the author, Senator  
         Hinojosa, 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 Williams moved that SB 515 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 405 and recognized the author, Senator  
         Hinojosa, to explain the bill.  Senator Hinojosa sent up a  
         committee substitute; the chair recognized Senator Hinojosa to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Hinojosa 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  
  
                                       SENATE COMMITTEE ON CRIMINAL JUSTICE 
                                                                    Minutes 
                                                    Tuesday, March 18, 2003 
                                                                      page   4 
                                                                            
         closed; without objection, it was so ordered.   
          
         Senator Hinojosa moved that SB 405 do not pass but that CSSB 405  
         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.   
          
         The chair laid out SB 729 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 Ellis moved that SB 729 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 Williams assumed the chair.   
          
         The chair laid out SB 840 and recognized the author, 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 SB 840 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 841 and recognized the author, 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 SB 841 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.   
          
         Senator Whitmire resumed the chair.   
          
         There being no further business, at 4:35 p.m. Senator Whitmire  
         moved that the Committee stand recessed subject to the call of  
         the chair.  Without objection, it was so ordered.   
          
         ______________________ 
  
                                       SENATE COMMITTEE ON CRIMINAL JUSTICE 
                                                                    Minutes 
                                                    Tuesday, March 18, 2003 
                                                                      page   5 
                                                                            
         Senator John Whitmire, Chair 
          
         ______________________ 
         Carley Rose, Clerk