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