MINUTES

 

SENATE COMMITTEE ON CRIMINAL JUSTICE

Tuesday, March 27, 2007

1:30 p.m. or upon adjournment

Capitol Extension, Room E1.016

 

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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, March 27, 2007, in the Capitol Extension, Room E1.016, at Austin, Texas.

 

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MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator John Whitmire

Senator Kel Seliger

Senator John Carona

Senator Bob Deuell

Senator Rodney Ellis

Senator Glenn Hegar

Senator Juan Hinojosa

 

None

 

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The chair called the meeting to order at 2:06 p.m.  There being a quorum present, the following business was transacted: 

 

As a matter of pending business, the chair laid out SB 103.  Witnesses 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 and Senator Hinojosa moved that SB 103 be left pending; without objection, it was so ordered. 

 

At 2:08 p.m. Senator Hinojosa assumed the chair. 

 

The chair laid out SB 823 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 823 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 Whitmire moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.   

 

The chair laid out SB 835 and recognized the author, Senator Whitmire, to explain the bill.  No witnesses registered or testified on the bill.  The chair moved that the public testimony be closed; without objection, it was so ordered.  The chair moved that SB 835 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Whitmire moved that SB 835 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 Whitmire moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out SB 1097 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 1097 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 Whitmire moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 2:18 p.m. Senator Whitmire resumed the chair. 

 

The chair laid out SB 528 and recognized the author, Senator Seliger, to explain the bill.  Witnesses 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 528 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 Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out SB 584 and recognized the author, Senator Carona, 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 Carona moved that SB 584 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.    

 

The chair laid out SB 643 and recognized the author, Senator Carona, 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.  The chair moved that SB 643 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Hegar moved that SB 643 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 Hegar moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

At 3:08 p.m. Senator Hinojosa assumed the chair.   

 

The chair laid out SB 182 and recognized the author, Senator Wentworth, 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.  The chair moved that SB 182 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Hegar moved that SB 182 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 laid out SB 597 and recognized the author, Senator Wentworth, to explain the bill.  Senator Hinojosa sent up a committee substitute; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the senate bill as filed.  Senator Hinojosa moved adoption of the committee substitute; without objection, it was so ordered. 

 

At 3:14 p.m. 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 Hegar moved that SB 597 do not pass but that CSSB 597 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, 0 nay, 0 present not voting, and 2 absent.  Senator Hegar moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 166 and recognized the author, Senator West, to explain the bill. 

Senator Hinojosa sent up a committee substitute; the chair recognized Senator West to explain the difference between the committee substitute and the senate bill as filed.  Senator Hinojosa 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.  The chair moved that SB 166 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Ellis moved that SB 166 do not pass but that CSSB 166 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 laid out SB 536 and recognized the author, Senator West, 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.  The chair moved that SB 536 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Hinojosa moved that SB 536 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 laid out SB 302 and recognized Senator Hinojosa, in the absence of the author, to explain the bill.  Witnesses 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.  The chair moved that SB 302 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Hegar moved that SB 302 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 Hegar moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.          

 

The chair laid out SB 307 and recognized Senator Hinojosa, in the absence of the author, 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.  The chair moved that SB 307 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Ellis moved that SB 307 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 Hegar moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out SB 499 and recognized the author, Senator Duncan, to explain the bill. 

Senator Ellis sent up a committee substitute; the chair recognized Senator Duncan to explain the difference between the committee substitute and the senate bill as filed.  Senator Ellis moved adoption of the committee substitute; without objection, it was so ordered.  Witnesses 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 Hinojosa moved that SB 499 do not pass but that CSSB 499 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 867 and recognized the author, Senator Duncan, to explain the bill. 

Senator Hinojosa sent up a committee substitute; the chair recognized Senator Duncan to explain the difference between the committee substitute and the senate bill as filed.  Senator Hinojosa moved adoption of the committee substitute; without objection, it was so ordered.  Witnesses 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.  The chair moved that SB 867 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Hinojosa moved that SB 867 do not pass but that CSSB 867 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 laid out SB 636 and recognized the author, Senator Hegar, to explain the bill.  Witnesses 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 Hegar moved that SB 636 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 Hegar 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 4:21 p.m. Senator Whitmire moved that the Committee stand recessed subject to the call of the chair.  Without objection, it was so ordered. 

 

 

 

 

 

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Senator John Whitmire, Chair

 

 

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Mahala Price, Clerk