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.
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Senator John Whitmire, Chair
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Carley Rose, Clerk