MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Thursday, April 21, 2005 Upon adjournment Senator Whitmire's desk, Senate Chamber ***** Pursuant to suspension of Senate Rule 11.18, a public hearing of the Senate Committee on Criminal Justice was held on Thursday, April 21, 2005, in the Senate Chamber at Senator Whitmire's desk at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator John Whitmire Senator John Carona Senator Kel Seliger Senator Rodney Ellis Senator Juan Hinojosa Senator Steve Ogden Senator Tommy Williams ***** The chair called the meeting to order at 1:00 p.m. There being a quorum present, the following business was transacted: The Chair brought up SB 881, which was left pending from a previous hearing. Senator Ellis sent up a committee substitute; the chair recognized Senator Shapleigh 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 requested unanimous consent to incorporate an amendment adopted from a previous hearing to be rolled 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 881 do not pass but that CSSB 881 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair brought up SB 905, which was left pending from a previous hearing. Senator Whitmire moved that SB 905 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair brought up SB 956, which was left pending from a previous hearing. Senator Seliger moved that SB 956 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 absent. Senator Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair brought up CSSB 1033, which was left pending from a previous hearing. Senator Ellis moved that CSSB 1033 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 1 nay, 0 present not voting, and 1 absent. The Chair brought up SB 1295, which was left pending from a previous hearing. Senator Hinojosa sent up a committee substitute; the chair recognized Senator Deuell 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 Seliger moved that SB 1295 do not pass but that CSSB 1295 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair brought up SB 1469, which was left pending from a previous hearing. Senator Hinojosa moved that SB 1469 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Williams moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair brought SB 1791, which was left pending at a previous hearing. Senator Hinojosa moved that SB 1791 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair brought up SB 1503, which was left pending at a previous hearing. 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. Senator Ellis moved that SB 1503 do not pass but that CSSB 1503 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, 2 nays, 0 present not voting, and 1 absent. The Chair brought up SB 1507, which was 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 1507 do not pass but that CSSB 1507 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. There being no further business, at 1:12 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