MINUTES 
                                           
                        SENATE COMMITTEE ON CRIMINAL JUSTICE 
                                Tuesday, May 6, 2003 
                                     7:45 p.m. 
                           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, May 6, 2003, in the Capitol  
         Extension, Room E1.016, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Tommy Williams                  Senator John Whitmire 
         Senator John Carona                     Senator Juan Hinojosa 
         Senator Rodney Ellis                    Senator Bill Ratliff 
         Senator Steve Ogden 
                                           
                                       ***** 
                                           
         Senator Tommy Williams, the acting chair, called the meeting to  
         order at 7:45 p.m.  There being a quorum present, the following  
         business was transacted:   
          
         The chair laid out SB 1411 and recognized the author, Senator  
         Deuell, to explain the bill.  Senator Ellis sent up Committee  
         Amendment 1 and moved adoption; without objection, the amendment  
         was adopted.  Senator Ellis sent up Committee Amendment 2 and  
         moved adoption; without objection, the amendment was adopted.   
         Senator Ellis sent up Committee Amendment 3 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 roll the amendments  
         into a committee substitute; without objection, it was so  
         ordered.  Senator Ellis then moved that the committee substitute  
         be adopted; without objection, it was so ordered.  Senator Ellis  
         moved that SB 1411 do not pass but that CSSB 1411 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 1406 and recognized the author, Senator  
         Estes, to explain the bill.  Senator Ellis sent up a committee  
  
         substitute; the chair recognized Senator Estes 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.   
          
         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 1406 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Ellis moved that SB 1406 be left pending.    
          
         The chair laid out SB 969 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 969 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SCR 45 and recognized the author, Senator  
         Fraser, 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 SCR 45 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 Carona moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 1919 and recognized the author, Senator  
         Harris, to explain the bill.  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 Harris 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.   
          
         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 1919 do not pass but that CSSB 1919  
  
         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.   
          
         The chair laid out SB 795 and recognized the author, Senator  
         Gallegos, Jr., 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 795 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 357 and recognized the author, Senator  
         Shapiro, 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 357 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Ellis moved that SB 357 be left pending.   
          
         The chair laid out SB 1092 and recognized the author, Senator  
         Shapiro, to explain the bill.  Senator Ellis sent up a committee  
         substitute; the chair recognized Senator Shapiro 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.   
         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 1092 do not pass but that CSSB 1092  
         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 1093 and recognized the author, Senator  
         Shapiro, 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 1093 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 1932 and recognized the author, Senator  
         Ogden, to explain the bill.  Senator Ellis sent up a committee  
         substitute; the chair recognized Senator Ogden 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.   
          
         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 1932 do not pass but that CSSB 1932  
         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.   
          
         The chair laid out SB 1245 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 Ellis moved that SB 1245 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 1252 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.   
          
         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 1252 do not pass but that CSSB 1252  
         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 HB 1849 and recognized Senator Ellis, in the  
         absence of the Senate sponsor, 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 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 Ellis moved that HB 1849 do not pass but that CSHB 1849  
         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 921 and recognized Senator Ellis, 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 Ellis moved that SB 921 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 1812 and recognized Senator Ellis, 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 Ellis moved that SB 1812 be left pending; without  
         objection, it was so ordered.       
          
         The chair laid out SB 1593 and recognized the author, Senator  
         West, to explain the bill.  Senator Ellis sent up a committee  
         substitute; the chair recognized Senator West 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.   
          
         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 1593 be left pending; without  
         objection, it was so ordered.   
          
         Senator Ellis assumed the chair.   
          
         The chair laid out SB 1678 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.  Senator Ellis  
         sent up a committee substitute; the chair recognized Senator  
         Williams 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.   
          
         Senator Ellis moved that SB 1678 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 1477 and recognized the author, Senator  
         West, to explain the bill.  Senator Ellis sent up a committee  
         substitute; the chair recognized Senator West 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.   
          
         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 1477 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 1116 and recognized the author, Senator  
         Williams, to explain the bill.  Senator Williams sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Senator Williams sent up Committee  
         Amendment 2 and moved adoption; without objection, the amendment  
         was adopted.  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  
         requested unanimous consent to incorporate amendments into the  
         committee substitute; without objection, it was so ordered.   
         Senator Williams then moved that the new committee substitute be  
         adopted; without objection, it was so ordered. Senator Williams  
         moved that SB 1116 be left pending; without objection, it was so  
         ordered.   
          
         There was no action taken for the following bill(s): SB 1596   
         Senator Williams resumed the chair.   
          
         There being no further business, at 11:20 p.m. Senator Williams  
         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