MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Tuesday, April 19, 2005 1:30 p.m. or upon adjournment 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, April 19, 2005, in the Capitol Extension, Room E1.016, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator John Whitmire Senator John Carona Senator Kel Seliger Senator Steve Ogden Senator Rodney Ellis Senator Tommy Williams Senator Juan Hinojosa ***** The chair called the meeting to order at 1:55 p.m. There being a quorum present, the following business was transacted: The chair laid out SB 440 and recognized the author, Senator Ellis, 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 440 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Ellis moved that SB 440 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. 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 Seliger assumed the chair. Senator Whitmire resumed the chair. 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 1033 be left pending; without objection, it was so ordered. The Chair then brought up SB 1195, left pending at a previous hearing. 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 moved that SB 1033 do not pass but that CSSB 1033 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair then brought up SB 1125, left pending at a previous hearing. 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 moved that SB 1033 do not pass but that CSSB 1033 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 112 and recognized the author, Senator Van de Putte, to explain the bill. Senator Ellis 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 Ellis moved adoption of the committee substitute; without objection, it was so ordered. Senator Ellis assumed the chair. Senator Whitmire resumed the chair. 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 112 be left pending; without objection, it was so ordered. The chair laid out SB 1295 and recognized the author, Senator Deuell, to explain the bill. Senator Ellis sent up a committee substitute and Senator Deuell was recognized to explain the differences between the substitute and bill as filed. 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. At Senator Whitmire's request, the committee substitute was left pending. The chair laid out SB 956 and recognized the author, Senator Seliger, 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 Seliger moved that SB 956 be left pending; without objection, it was so ordered. Senator Seliger assumed the chair. The chair laid out SB 905 and recognized the author, Senator Whitmire, to explain the bill. Senator Whitmire sent up a committee substitute; the chair recognized Senator Whitmire 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 905 be left pending; without objection, it was so ordered. The chair laid out SB 1469 and recognized the author, Senator Whitmire, 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 Whitmire moved that SB 1469 be left pending; without objection, it was so ordered. The chair laid out SB 1791 and recognized the author, Senator Whitmire, to explain the bill. There were no witness cards on this bill. Senator Whitmire moved that SB 1791 be left pending; without objection, it was so ordered. Senator Whitmire resumed the chair. There being no further business, at 4:20 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