MINUTES

 

SENATE COMMITTEE ON CRIMINAL JUSTICE

Tuesday, April 3, 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, April 3, 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 Juan Hinojosa		Senator Glenn Hegar

 

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The chair called the meeting to order at 3:07 p.m.  There being a quorum present, the following business was transacted: 

 

The chair laid out SB 157 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 Whitmire moved that SB 157 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Seliger moved that SB 157 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 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 1203 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 Whitmire moved that SB 1203 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Seliger moved that SB 1203 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 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 1470 and recognized the author, Senator Seliger, to explain the bill.  Senator Whitmire sent up a committee substitute; the chair recognized Senator Seliger to explain the difference between the committee substitute and the senate 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 1470 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Seliger moved that SB 1470 do not pass but that CSSB 1470 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 Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

At 3:12 p.m. Senator Seliger assumed the chair. 

 

The chair laid out SB 807 and recognized the author, Senator Whitmire, to explain the bill.  Senator Carona sent up Committee Amendment 1 and moved adoption.  The motion failed by a record vote of 1 aye, 4 nays, 0 present not voting, and 2 absent.  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 807 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Seliger moved that SB 807 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 Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

At 3:37 p.m. Senator Whitmire resumed the chair. 

 

The chair laid out SB 183 and recognized the author, Senator Estes, 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 183 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. 

 

The chair laid out SB 1655 and recognized the author, Senator Ellis, to explain the bill.  Senator Ellis sent up a committee substitute; the chair recognized Senator Ellis 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 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 1655 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Ellis moved that SB 1655 do not pass but that CSSB 1655 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 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 839 and recognized the author, Senator Duncan, to explain the bill.  Senator Ellis sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  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 Ellis moved that SB 839, as amended, 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 Ellis moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  

 

At 4:13 p.m. Senator Seliger assumed the chair. 

 

The chair laid out SB 1970 and recognized the author, Senator Hinojosa, to explain the bill.  There being no witnesses testifying or registering on the bill, the chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Hinojosa moved that SB 1970 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  

 

At 4:15 p.m. Senator Whitmire resumed the chair. 

 

The chair laid out SB 1315 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.  Senator Hinojosa moved that SB 1315 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 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 691 and recognized Senator Hinojosa, in the absence of the author, to explain the bill.  Senator Hinojosa sent up a committee substitute; the chair recognized Senator Hinojosa 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.  Senator Hinojosa moved that SB 691 do not pass but that CSSB 691 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.        

 

At 4:20 p.m. Senator Hinojosa assumed the chair. 

 

The chair laid out SB 885 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 senate bill as filed.  Senator Whitmire moved adoption of the committee substitute; without objection, it was so ordered. 

There being no witnesses testifying or registering on the bill, the chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Carona moved that SB 885 do not pass but that CSSB 885 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 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 1750 and recognized the author, Senator Whitmire, to explain the bill.  Senator Whitmire sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  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 1750, as amended, 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.      

 

At 4:35 p.m. Senator Whitmire resumed the chair. 

 

The chair laid out SB 1722 and recognized the author, Senator Ogden, 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 senate 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 Hinojosa moved that SB 1722 do not pass but that CSSB 1722 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 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 109 and recognized the author, Senator Deuell, to explain the bill.  Senator Deuell sent up a committee substitute; the chair recognized Senator Deuell to explain the difference between the committee substitute and the senate bill as filed.  Senator Deuell 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 109 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Deuell moved that SB 109 do not pass but that CSSB 109 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 Deuell moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.     

 

The chair laid out SB 629 and recognized the author, Senator Deuell, 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 629 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 Deuell moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 5:02 p.m. Senator Hinojosa assumed the chair.  

 

The chair laid out SB 1780 and recognized the author, Senator Whitmire, 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 Whitmire moved that SB 1780 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Ellis moved that SB 1780 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 Ellis moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.     

 

At 5:05 p.m. Senator Whitmire resumed the chair. 

 

The chair laid out SB 1909 and recognized the author, Senator Ellis, to explain the bill.  Senator Whitmire sent up a committee substitute; the chair recognized Senator Ellis to explain the difference between the committee substitute and the senate bill as filed.  Senator Whitmire moved adoption of the committee substitute; without objection, it was so ordered.  Senator Ellis sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  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 requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered.  Senator Deuell then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Deuell moved that SB 1909 do not pass but that CSSB 1909 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 Ellis 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 5:43 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