MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Thursday, April 28, 2005 Upon adjournment of the Senate 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 28, 2005, in the Senator Whitmire's desk, Senate Chamber ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator John Whitmire None Senator Kel Seliger Senator John Carona Senator Rodney Ellis Senator Juan Hinojosa Senator Steve Ogden Senator Tommy Williams ***** The chair called the meeting to order. There being a quorum present, the following business was transacted: The Chair brought up SB 395, which was left pending at a previous hearing. Senator Williams moved that SB 395 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 up SB 769, which was left pending at a previous hearing. Senator Ellis moved that SB 769 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair brought up SB 992, which was left pending at a previous heaing. Senator Seliger moved that SB 992 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 1549, which was left pending at a previous hearing. Senator Hinojosa moved that SB 1549 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 up CSSB 1675, which was left pending at a previous hearing. Senator Hinojosa moved that SB 1675 do not pass but that CSSB 1675 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair brought up SB 1874, which was left pending at previous hearing. Senator Hinojosa moved that SB 1874 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 up CB 1266, which was left pending from a previous hearing. Senator Hinojosa moved adoption of the committee substitute. Senator Whitmire sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Whitmire sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Whitmire sent up Committee Amendment 3 and moved adoption; without objection, the amendment was adopted. Senator Whitmire sent up Committee Amendment 4 and moved adoption; without objection, the amendment was adopted. Senator Whitmire sent up Committee Amendment 5 and moved adoption; without objection, the amendment was adopted. Senator Whitmire sent up Committee Amendment 6 and moved adoption; without objection, the amendment was adopted. Senator Whitmire sent up Committee Amendment 7 and moved adoption; without objection, the amendment was adopted. Senator Whitmire requested unanimous consent to roll the amendments into the committee substitute; without objection, it was so ordered. Senator Whitmire then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Whitmire moved that SB 1266 do not pass but that CSSB 1266 be reported back 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, 1 present not voting, and 0 absent. The Chair brought up SJR 20, which was left pending from a previous hearing. Senator Williams moved that SJR 20 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. The Chair brought up SB 337, which was left pending from a previous hearing. Senator Whitmire moved to pull down the old committee substitute to SB 337. Senator Seliger sent up a new committee substitute; the chair recognized Senator Carona to explain the difference between the new committee substitute and the bill as filed. Senator Seliger moved adoption of the committee substitute; without objection, it was so ordered. Senator Ellis moved that SB 337 do not pass but that CSSB 337 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, 1 present not voting, and 0 absent. The Chair brought up SB 112, which was left pending from a previous hearing. Senator Seliger moved that SB 112 do not pass but that CSSB 112 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, 1 present not voting, and 0 absent. The Chair brought up SB 1582, which was left pending at a previous hearing. Senator Hinojosa moved adoption of a committee substitute, which was left pending before the committee at a previous hearing. Senator Seliger moved that SB 1582 do not pass but that CSSB 1582 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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, Senator Whitmire moved that the Committee be adjourned. Without objection, it was so ordered. _____________________________ Senator John Whitmire, Chair _____________________________ Carley Rose, Clerk