MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Tuesday, April 15, 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 15, 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 Steve Ogden
Senator Rodney Ellis Senator Bill Ratliff
Senator Juan Hinojosa
*****
The chair called the meeting to order at 3:15 p.m. There being
a quorum present, the following business was transacted:
The chair laid out SB 45 and recognized Senator Williams, in the
absence of the author, to explain the bill. Senator Williams
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 45 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Williams moved that SB 45, 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 1054 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 Ellis moved that SB 1054 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Ellis moved that SB 1054 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 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 97 and recognized the author, Senator
Barrientos, 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 97 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Hinojosa moved that SB 97 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.
The chair laid out SB 1794 and recognized the author, Senator
Barrientos, 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 1794 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Williams moved that SB 1794 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
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 177 and recognized the author, Senator
Shapiro, to explain the bill. Senator Williams sent up a
committee substitute; the chair recognized Senator Shapiro 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 177 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Williams moved that SB 177 do not pass but that
CSSB 177 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 1179 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 Ellis moved that SB 1179 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Ellis moved that SB 1179 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 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 1188 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 1188 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Hinojosa moved that SB 1188 do not pass but that
CSSB 1188 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 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 1465 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 1465 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Williams moved that SB 1465 do not pass but that
CSSB 1465 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 1044 and recognized the author, Senator
Ellis, to explain the bill. Senator Williams sent up a committee
substitute; the chair recognized Senator Ellis 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. Senator Ellis
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 Ellis requested unanimous consent to incorporate
amendments into the committee substitute; without objection, it
was so ordered. Senator Ellis then moved that the new committee
substitute be adopted; without objection, it was so ordered.
Senator Ellis moved that SB 1044 do not pass but that CSSB 1044
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
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 686 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 686 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 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 837 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 837 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Williams moved that SB 837 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 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 782 and recognized the author, Senator
Armbrister, to explain the bill. Senator Ellis sent up a
committee substitute; the chair recognized Senator Armbrister 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
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 Ellis requested unanimous consent to incorporate
amendments into the committee substitute; without objection, it
was so ordered. Senator Ellis then moved that the new committee
substitute be adopted; without objection, it was so ordered.
Senator Ellis moved that SB 782 do not pass but that CSSB 782 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 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 1336 and recognized the author, Senator
Hinojosa, 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 Hinojosa moved that SB 1336 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Hinojosa moved that SB 1336, 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
Hinojosa moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Williams assumed the chair.
The chair laid out SB 1896 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 1896 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 Hinojosa 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 110 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 110 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.
The chair laid out SB 1114 and recognized the author, Senator
Williams, 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 1114 do not pass but that CSSB
1114 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 1129 and recognized Blanca Laborde,
General Counsel, in the absence of the author, to explain the
bill. Senator Hinojosa sent up a committee substitute; the
chair recognized Blanca Laborde, General Counsel 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 1129 do not pass but that CSSB
1129 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 1306 and recognized Blanca Laborde,
General Counsel, 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 Hinojosa moved that SB 1306 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 Hinojosa 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 5:20 p.m. Senator Whitmire
moved that the Committee be adjourned. Without objection, it was
so ordered.
______________________
Senator John Whitmire, Chair
______________________
Carley Rose, Clerk