MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Tuesday, March 25, 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 25, 2003, in the Capitol Extension, Room E1.016, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator John Whitmire Senator Steve Ogden Senator Tommy Williams Senator John Carona Senator Rodney Ellis Senator Juan Hinojosa Senator Bill Ratliff ***** The chair called the meeting to order at 2:45 a.m. There being a quorum present, the following business was transacted: The chair laid out SJR 12 and recognized the author, Senator Shapleigh, 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 SJR 12 be left pending; without objection, it was so ordered. The chair laid out SB 600 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 Whitmire moved that SB 600 be left pending; without objection, it was so ordered. The chair laid out SB 1045 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. Senator Williams moved that SB 1045 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. The chair laid out SB 601 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. Senator Ellis moved that SB 601 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. The chair laid out SB 1224 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. Senator Ellis moved that SB 1224 be left pending; without objection, it was so ordered. The chair laid out SB 1607 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. Senator Ellis moved that SB 1607 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. The chair laid out SJR 28 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. Senator Ellis moved that SJR 28 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. Senator Williams assumed the chair. The chair laid out SB 825 and recognized the author, Senator Whitmire, to explain the bill. Senator Whitmire sent up a committee substitute; the chair recognized Senator Whitmire 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 Whitmire moved that SB 825 do not pass but that CSSB 825 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 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 826 and recognized the author, Senator Whitmire, to explain the bill. Senator Whitmire sent up a committee substitute; the chair recognized Senator Whitmire 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 Williams moved that SB 826 do not pass but that CSSB 826 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 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 827 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 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. Senator Whitmire then moved that the new committee substitute be adopted; without objection, it was so ordered. SENATE COMMITTEE ON CRIMINAL JUSTICE Minutes Tuesday, March 25, 2003 page 4 Senator Whitmire moved that SB 827 do not pass but that CSSB 827 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 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 840 and recognized the author, Senator Whitmire, to explain the bill. Senator Whitmire sent up a committee substitute; the chair recognized Senator Whitmire 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 Whitmire moved that SB 840 do not pass but that CSSB 840 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 Ratliff moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Whitmire resumed the chair. The chair laid out SB 727 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 Williams moved that SB 727 be left pending; without objection, it was so ordered. The chair laid out SB 568 and recognized Senator Whitmire, in the absence of the author, to explain the bill. Senator Whitmire moved that SB 568 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 Ratliff moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. There being no further business, at 6:20 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 25, 2003 page 5 ______________________ Senator John Whitmire, Chair ______________________ Carley Rose, Clerk