MINUTES 
                                           
                        SENATE COMMITTEE ON CRIMINAL JUSTICE 
                               Tuesday, April 8, 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 8, 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:   
          
         Senator Williams assumed the chair.   
          
         The chair laid out SB 1145 and recognized the author, Senator  
         Madla, to explain the bill.  Senator Whitmire sent up a  
         committee substitute; the chair recognized Senator Madla 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 1145 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Whitmire moved that SB 1145 do not pass but that  
         CSSB 1145 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.   
         Senator Whitmire resumed the chair.   
          
         The chair laid out SB 176 and recognized the author, Senator  
         Nelson, 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 176 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Whitmire moved that SB 176 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, 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 613 and recognized the author, Senator  
         Nelson, 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 613 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Whitmire moved that SB 613 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, 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 356 and recognized the author, Senator  
         Janek, to explain the bill.  Senator Ratliff sent up a committee  
         substitute; the chair recognized Senator Janek 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 Ratliff moved that SB 356 do not pass but that CSSB 356  
         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 51 and recognized Senator Ratliff, in the  
         absence of the author, 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 51, 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 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 867 and recognized the author, Senator  
         Wentworth, 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 867 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 1015 and recognized the author, Senator  
         Wentworth, 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 Whitmire moved that SB 1015, 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 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 704 and recognized Senator Williams, in  
         the absence of the author, to explain the bill.  Senator  
         Williams sent up a committee substitute; the chair recognized  
         Senator Williams to explain the difference between the committee  
         substitute and the bill as filed.  Senator Williams 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 704 do not pass but that CSSB 704  
         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 1114 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 Williams moved that SB 1114 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 1129 and recognized Senator Ogden, in the  
         absence of the author, to explain the bill.  Senator Ogden sent  
         up Committee Amendment 1 and moved adoption; without objection,  
         the amendment was adopted.  Senator Ogden sent up a committee  
         substitute; the chair recognized Senator Ogden to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Ogden moved that the amendment be rolled into a  
         new 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 SB 1129 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 1306 and recognized Senator Ogden, in the  
         absence of the author, 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 1306 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 50 and recognized Senator Hinojosa, in the  
         absence of the author, 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  
         closed; without objection, it was so ordered.   
         Senator Hinojosa moved that SB 50 be left pending; without  
         objection, it was so ordered.   
          
         There was no action taken for the following bill(s):  
                                                                            
         SB 920, SB 924, SB 958, SB 987, SB 1044,  and SB 1188. 
          
         There being no further business, at 4:10 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