MINUTES 
                                           
                        SENATE COMMITTEE ON CRIMINAL JUSTICE 
                               Tuesday, April 1, 2003 
                           1:00 p.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, April 1, 2003, in the Capitol  
         Extension, Room E1.016, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator John Whitmire                   None 
         Senator Tommy Williams 
         Senator John Carona 
         Senator Rodney Ellis 
         Senator Juan Hinojosa 
         Senator Steve Ogden 
         Senator Bill Ratliff 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 1:10 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB 408 and recognized the author, Senator  
         Deuell, 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 408 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 801 and recognized the author, Senator  
         Madla, 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 801 do not pass but that CSSB 801  
         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  
         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 348 and recognized the author, Senator  
         Lucio, Jr., 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 348 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, 2 nays, 0  
         present not voting, and 0 absent.   
          
         The chair laid out SB 628 and recognized the author, Senator  
         Wentworth, to explain the bill.   
          
         Senator Ratliff 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 Ratliff moved that SB 628 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 674 and recognized the author, Senator  
         Estes, 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 674 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 7 ayes, 0 nay, 0  
         present not voting, and 0 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 685 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 Hinojosa moved that SB 685 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 7 ayes, 0 nay, 0  
         present not voting, and 0 absent.  Senator Hinojosa moved that  
         the bill be recommended for placement on the Local & Uncontested  
  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 742 and recognized the author, Senator  
         Estes, 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 742 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 804 and recognized the author, Senator  
         Zaffirini, 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 804 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 7 ayes, 0 nay, 0  
         present not voting, and 0 absent.  Senator Ratliff moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         At 3:40 p.m. Senator Ratliff assumed the chair.    
          
         The chair laid out SB 880 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 880 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 7 ayes, 0 nay, 0  
         present not voting, and 0 absent.  Senator Ratliff moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator Hinojosa assumed the chair.   
          
         The chair laid out SB 883 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 883 do not pass but that CSSB 883  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 7 ayes, 0 nay, 0 present not voting, and 0 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 917 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 Ratliff moved that SB 917 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 7 ayes, 0 nay, 0  
         present not voting, and 0 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 982 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 982 do not pass but that CSSB 982  
         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.        
          
         Senator Whitmire resumed the chair.   
          
         The chair laid out SB 631 and recognized the author, Senator  
         Harris, to explain the bill.   
          
         Senator Ratliff 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 Ratliff moved that SB 631, as amended, 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 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 600 and recognized Senator Ellis, in the  
         absence of the author, 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 600 do not pass but that CSSB 600 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 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 1224 and recognized the author, Senator  
         Ellis, to explain the bill.  Senator Ellis sent up Committee  
         Amendment 1 and moved adoption; without objection, the amendment  
         was adopted.  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.  Senator Ellis 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.   
          
         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 do not pass but that CSSB 1224  
         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.   
          
         There being no further business, at 4:25 p.m. Senator Whitmire  
         moved that the Committee stand recessed subject to the call of  
         the chair.  Without objection, it was so ordered.   
          
         ______________________ 
         Senator John Whitmire, Chair 
          
         ______________________ 
         Carley Rose, Clerk