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. ______________________ Senator John Whitmire, Chair ______________________ Carley Rose, Clerk