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