The House Committee on Criminal Jurisprudence

80th Legislature

April 17, 2007

8:00 a.m.

E2.016

CORRECTED MINUTES

 

 

On May 1, 2007, the House Committee on Criminal Jurisprudence authorized the correction of the  minutes for the meeting of the House Committee on Criminal Jurisprudence held on April 17, 2007. The following are the corrected minutes for that meeting:

 

Pursuant to a notice posted on April 11, 2007, and revised on April 12, 2007, the House Committee on Criminal Jurisprudence met in a public hearing and was called to order by the chair, Representative Pena, at 8:12 a.m.

 

The roll was answered as follows:

 

Present:              Representatives Pena; Riddle; Escobar; Mallory Caraway; Talton (5).

 

Absent:              Representatives Vaught; Hodge; Moreno, Paul; Pierson (4).

 

A quorum was present.

 

HB 2851

 

The chair laid out HB 2851.

 

The chair recognized Representative Davis, John to explain the measure.

 

(Representative Vaught now present.)

 

Testimony was taken.  (See attached witness list.)

 

(Representative Hodge now present.)

 

The chair recognized Representative Davis, John to close on the measure.

 

The bill was left pending without objection.

 

HB 1148

 

The chair laid out HB 1148.

 

The chair recognized Representative Madden to explain the measure.

 

Testimony was taken.  (See attached witness list.)

 

The chair recognized Representative Madden to close on the measure.

 

The bill was left pending without objection.

 

 

 

HB1612, HJR67

 

The chair laid out HB1612, HJR67.

 

The chair recognized Representative Madden to explain the measures.

 

Testimony was taken.  (See attached witness list.)

 

The chair recognized Representative Madden to close on the measures.

 

The bills were left pending without objection.

 

At 9:22 a.m., on the motion of the chair and without objection, the meeting was recessed subject to the call of the chair.

 

The committee reconvened at 2:48 p.m. and was called to order by the chair, Representative Pena. The roll was answered as follows:

 

Present:              Representatives Pena; Vaught; Riddle; Escobar; Hodge (5).

 

Absent:              Representatives Mallory Caraway; Moreno, Paul; Pierson; Talton (4).

 

A quorum was present.

 

HB 1258

 

The chair laid out HB 1258.

 

The chair recognized Representative West, George "Buddy" to explain the measure.

 

Testimony was taken.  (See attached witness list.)

 

The chair recognized Representative West, George "Buddy" to close on the measure.

 

The bill was left pending without objection.

 

HB 2259

 

The chair laid out HB 2259.

 

Representative Pena offered a complete committee substitute.

 

The chair recognized Representative Hardcastle to explain the measure.

 

Testimony was taken.  (See attached witness list.)

 

The chair recognized Representative Hardcastle to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 2260

 

The chair laid out HB 2260.

 

Representative Pena offered a complete committee substitute.

 

The chair recognized Representative Hardcastle to explain the measure.

 

Testimony was taken.  (See attached witness list.)

 

The chair recognized Representative Hardcastle to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 1997

 

The chair laid out HB 1997.

 

Representative Pena offered a complete committee substitute.

 

The chair recognized Representative Gonzalez Toureilles to explain the measure.

 

Testimony was taken.  (See attached witness list.)

 

The chair recognized Representative Gonzalez Toureilles to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 2768

 

The chair laid out HB 2768.

 

Representative Pena offered a complete committee substitute.

 

The chair recognized Representative Eiland to explain the measure.

 

Testimony was taken.  (See attached witness list.)

 

The chair in lieu of Representative Eiland closed on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB3340, HB3342

The chair laid out HB3340, HB3342.

 

Representative Pena offered a complete committee substitute to HB 3342.

 

The chair recognized Representative Burnam to explain the measures.

 

The chair recognized Representative Burnam to close on the measures.

 

The committee substitute to HB 3342 was withdrawn without objection.

 

The bills were left pending without objection.

 

HB 853

 

The chair laid out HB 853.

 

The chair recognized Representative Naishtat to explain the measure.

 

Testimony was taken.  (See attached witness list.)

 

The chair recognized Representative Naishtat to close on the measure.

 

The bill was left pending without objection.

 

HB 2703

 

The chair laid out HB 2703.

 

The chair recognized Representative Woolley to explain the measure.

 

(Representative Mallory Caraway now present.)

 

Testimony was taken.  (See attached witness list.)

 

The chair recognized Representative Woolley to close on the measure.

 

The bill was left pending without objection.

 

HB3370, HB3371, HB3372, HB3374

 

The chair laid out HB3370, HB3371, HB3372, HB3374.

 

The chair recognized Representative Mallory Caraway in lieu of Representative Thompson to explain the measures.

 

Testimony was taken.  (See attached witness list.)

 

The chair recognized Representative Mallory Caraway in lieu of Representative Thompson to close on the measures.

 

The bills were left pending without objection.

 

HB 3247

 

The chair laid out HB 3247.

 

The chair recognized Representative Riddle to explain the measure.

 

The chair recognized Representative Riddle to close on the measure.

 

The bill was left pending without objection.

 

HB 3561

 

The chair laid out HB 3561.

 

The chair recognized Representative Riddle in lieu of Representative Puente to explain the measure.

 

The chair recognized Representative Riddle in lieu of Representative Puente to close on the measure.

 

The bill was left pending without objection.

 

HB 3659

 

The chair laid out HB 3659.

 

The chair recognized Representative Vaught in lieu of Representative Dunnam to explain the measure.

 

Testimony was taken.  (See attached witness list.)

 

The chair recognized Representative Vaught in lieu of Representative Dunnam to close on the measure.

 

The bill was left pending without objection.

 

HB 1939

 

The chair laid out HB 1939.

 

The chair recognized Representative Escobar to explain the measure.

 

Testimony was taken.  (See attached witness list.)

 

The chair recognized Representative Escobar to close on the measure.

 

The bill was left pending without objection.

 

HB 3584

 

The chair laid out HB 3584 as pending business.

 

Representative Pena offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Pena moved that HB 3584, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Pena; Vaught; Riddle; Escobar; Mallory Caraway (5).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hodge; Moreno, Paul; Pierson; Talton  (4).

 

HB 1264

 

The chair laid out HB 1264 as pending business.

 

Representative Pena moved that HB 1264, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Pena; Vaught; Riddle; Escobar; Mallory Caraway (5).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hodge; Moreno, Paul; Pierson; Talton  (4).

 

HB 1035

 

The chair laid out HB 1035 as pending business.

 

Representative Pena moved that HB 1035, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Pena; Vaught; Riddle; Escobar; Mallory Caraway (5).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hodge; Moreno, Paul; Pierson; Talton  (4).

 

HB 1658

 

The chair laid out HB 1658 as pending business.

 

Representative Pena offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Pena moved that HB 1658, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Pena; Vaught; Riddle; Escobar; Mallory Caraway (5).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hodge; Moreno, Paul; Pierson; Talton  (4).

 

HB 3692

 

The chair laid out HB 3692 as pending business.

 

Representative Pena moved that HB 3692, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Pena; Vaught; Riddle; Escobar; Mallory Caraway (5).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hodge; Moreno, Paul; Pierson; Talton  (4).

 

HJR 6

 

The chair laid out HJR 6 as pending business.

 

Representative Pena moved that HJR 6, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Pena; Vaught; Riddle; Escobar; Mallory Caraway (5).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hodge; Moreno, Paul; Pierson; Talton  (4).

 

HB 1800

 

The chair recalled HB 1800 from subcommittee.

 

Representative Pena moved that HB 1800, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Pena; Vaught; Riddle; Escobar; Mallory Caraway (5).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hodge; Moreno, Paul; Pierson; Talton  (4).

 

HB 485

 

The chair laid out HB 485 as pending business.

 

Representative Pena offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Pena moved that HB 485, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Pena; Vaught; Riddle; Escobar; Mallory Caraway (5).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hodge; Moreno, Paul; Pierson; Talton  (4).

 

HB 1123

 

The chair laid out HB 1123 as pending business.

 

Representative Pena moved that HB 1123, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Pena; Vaught; Riddle; Escobar; Mallory Caraway (5).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hodge; Moreno, Paul; Pierson; Talton  (4).

 

HB 1611

 

The chair laid out HB 1611 as pending business.

 

Representative Pena offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Pena moved that HB 1611, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Pena; Vaught; Riddle; Escobar; Mallory Caraway (5).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hodge; Moreno, Paul; Pierson; Talton  (4).

 

SB 823

 

The chair laid out SB 823 as pending business.

 

Representative Pena moved that SB 823, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Pena; Vaught; Riddle; Escobar; Mallory Caraway (5).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hodge; Moreno, Paul; Pierson; Talton  (4).

 

HB 2437

 

Representative Escobar moved to reconsider the vote by which the measure was reported from committee. The motion to reconsider prevailed without objection.

 

The chair laid out HB 2437.

 

Representative Pena offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Pena moved that HB 2437, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Pena; Vaught; Riddle; Escobar; Mallory Caraway (5).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hodge; Moreno, Paul; Pierson; Talton  (4).

 

At 5:56 p.m., on the motion of the chair and without objection, the meeting was adjourned subject to the call of the chair.

 

 

________________________

Rep. Pena, Chair

 

 

________________________

Anne Creixell, Clerk