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