MINUTES

 

SENATE COMMITTEE ON CRIMINAL JUSTICE

Tuesday, April 17, 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 17, 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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Senator Seliger called the meeting to order at 2:28 p.m.  The following business was transacted: 

 

The chair laid out SB 1348 and recognized the author, Senator Patrick, 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 Seliger moved that SB 1348 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Seliger moved that SB 1348 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. 

 

At 2:45 p.m. Senator Whitmire assumed the chair. 

 

On April 16, 2007, Senator Whitmire suspended the posting rule, Senate Rule 11.18, on the Senate floor to hear SB 1796.

 

The chair laid out SB 1796 and recognized the author, Senator Estes, 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 1796 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Carona moved that SB 1796 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 1448 and recognized the author, Senator West, to explain the bill.  Senator Seliger 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 Seliger 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 1448 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Seliger moved that SB 1448 do not pass but that CSSB 1448 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 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 1737 and recognized the author, Senator West, to explain the bill.  Senator Seliger 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 Seliger 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 1737 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Deuell moved that SB 1737 do not pass but that CSSB 1737 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 Deuell moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  

 

On April 16, 2007, Senator Whitmire suspended the posting rule, Senate Rule 11.18, on the Senate floor to hear SB 1395.

 

The chair laid out SB 1395 and recognized the author, Senator Williams, to explain the bill. 

Senator Seliger sent up a committee substitute; the chair recognized Senator Williams to explain the difference between the committee substitute and the senate bill as filed.  Senator Seliger 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 roll was called at 3:25 p.m., and a quorum was established.

 

Senator Hegar moved that SB 1395 do not pass but that CSSB 1395 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 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 1709 and recognized the author, Senator Hegar, to explain the bill.  Senator Seliger sent up a committee substitute; the chair recognized Senator Hegar to explain the difference between the committee substitute and the senate bill as filed.  Senator Seliger 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 Hegar moved that SB 1709 do not pass but that CSSB 1709 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 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 789 and recognized the author, Senator Hegar, to explain the bill.  Senator Hegar sent up a committee substitute; the chair recognized Senator Hegar to explain the difference between the committee substitute and the senate bill as filed.  Senator Hegar 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 Hegar moved that SB 789 do not pass but that CSSB 789 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 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 745 and recognized the author, Senator Seliger, to explain the bill.  Senator Seliger 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 Seliger 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 Whitmire moved that SB 745 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Seliger moved that SB 745 do not pass but that CSSB 745 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 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 877 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 877 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Seliger moved that SB 877 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 1715 and recognized the author, Senator Seliger, to explain the bill.  Senator Seliger 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 Seliger 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 Seliger moved that SB 1715 do not pass but that CSSB 1715 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 Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  

 

On April 16, 2007, Senator Whitmire suspended the posting rule, Senate Rule 11.18, on the Senate floor to hear SB 1415.

 

The chair laid out SB 1415 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 1415 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 1557 and recognized the author, Senator Hinojosa, 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 Hinojosa moved that SB 1557 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.  

 

On April 16, 2007, Senator Whitmire suspended the posting rule, Senate Rule 11.18, on the Senate floor to hear SB 1558.

 

The chair laid out SB 1558 and recognized the author, Senator Hinojosa, 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 Hinojosa moved that SB 1558 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 laid out SB 440 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 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 Deuell moved that SB 440 do not pass but that CSSB 440 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 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 441 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 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 Deuell moved that SB 441 do not pass but that CSSB 441 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 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 442 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 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 Deuell moved that SB 442 do not pass but that CSSB 442 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 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 698 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 698 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 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 239 and recognized Senator Hegar, 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.  Senator Hegar moved that SB 239 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.

 

At 4:12 p.m. Senator Seliger resumed the chair. 

 

The chair laid out SB 1244 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 1244 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 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 1404 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 1404 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 Whitmire moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.     

 

At 4:16 p.m. Senator Whitmire assumed the chair. 

 

As a matter of pending business, the chair laid out SB 411 and recognized the author, Senator Shapleigh, to explain the bill.  Senator Hinojosa sent up a committee substitute; the chair recognized Senator Shapleigh 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.  Senator Hegar sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Hegar sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted.  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 requested unanimous consent to roll the amendments into the committee substitute; without objection, it was so ordered.  Senator Hinojosa then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Hinojosa moved that SB 411 do not pass but that CSSB 411 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.  

 

There being no further business, at 4:25 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