MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Thursday, April 24, 2003
1:00 p.m. or upon adjournment
Capitol Extension, Room E1.028
*****
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 Thursday, April 24, 2003, in the Capitol
Extension, Room E1.028, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator John Whitmire Senator Bill Ratliff
Senator Tommy Williams
Senator John Carona
Senator Rodney Ellis
Senator Juan Hinojosa
Senator Steve Ogden
*****
The chair called the meeting to order at 3:47 p.m. There being
a quorum present, the following business was transacted:
The chair laid out SB 52 and recognized the author, Senator
Zaffirini, to explain the bill. Senator Whitmire sent up a
committee substitute; the chair recognized Senator Zaffirini 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 52 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Whitmire moved that SB 52 do not pass but that
CSSB 52 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 1745 and recognized the author, Senator
Zaffirini, to explain the bill. Senator Whitmire sent up a
committee substitute; the chair recognized Senator Zaffirini 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 1745 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Whitmire moved that SB 1745 do not pass but that
CSSB 1745 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 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 871 and recognized the author, Senator
Shapiro, to explain the bill. Senator Whitmire sent up a
committee substitute; the chair recognized Senator Shapiro 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 871 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Whitmire moved that SB 871 do not pass but that
CSSB 871 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.
The chair laid out SB 143 and recognized the author, Senator
Ellis, 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 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 Ellis 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 143 do not pass but that CSSB 143 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 1187 and recognized the author, Senator
Van de Putte, to explain the bill. Senator Williams sent up a
committee substitute; the chair recognized Senator Van de Putte
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 1187 do not pass but that CSSB
1187 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 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 582 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 582 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Williams moved that SB 582 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.
The chair laid out SB 1338 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 1338 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 1597 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. 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. Senator
Hinojosa requested unanimous consent to incorporate amendments
into the committee substitute; without objection, it was so
ordered. Senator Hinojosa 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 Hinojosa moved that SB 1597 do not pass but that CSSB
1597 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 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 1248 and recognized the author, Senator
Armbrister, to explain the bill. Senator Ogden sent up a
committee substitute; the chair recognized Senator Armbrister to
explain the difference between the committee substitute and the
bill as filed. Senator Ogden 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 Ogden moved that SB 1248 do not pass but that CSSB 1248
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, 1 nay, 0 present not voting, and 1 absent.
The chair laid out SB 380 and recognized the author, Senator
Armbrister, 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 380 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 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 987 and recognized the author, Senator
Armbrister, to explain the bill. Senator Hinojosa sent up a
committee substitute; the chair recognized Senator Armbrister 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 987 do not pass but that CSSB 987
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.
The chair laid out SB 1835 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 1835 do not pass but that CSSB
1835 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 Williams moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
There was no action taken for the following bill(s):
SB 1477
There being no further business, at 5:45 p.m. Senator Whitmire
moved that the Committee stand recessed subject to the call of
the chair. Without objection, it was so ordered.
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Senator John Whitmire, Chair
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Carley Rose, Clerk