The House Committee on Criminal Jurisprudence

81st Legislature

April 15, 2009

2:00 p.m. or upon final adjourn./recess

E2.028

 

Pursuant to a notice posted on April 9, 2009, revised on April 9, 2009 and a suspension of the 5-day posting rule to hear House Bill 3886 and House Bill 3148, the House Committee on Criminal Jurisprudence met in a public hearing and was called to order by the chair, Representative Gallego, at 2:34 p.m.

 

The roll was answered as follows:

 

Present:              Representatives Gallego; Fletcher; Hodge; Miklos; Vaught; Vo (6).

 

Absent:              Representatives Christian; Kent; Moody; Pierson; Riddle (5).

 

A quorum was present.

 

The chair directed that the following actions concerning HB 3318 be reflected in the minutes:

 

On April 9, 2009 the chair recalled the measure from the Subcommittee on Violent Crime and scheduled it for a public hearing before the full committee on April 15, 2009.  Subsequently, on April 9, 2009, the chair withdrew the measure from that schedule and referred the measure to the Subcommittee on Criminal Procedure, which was then scheduled for a public hearing to be held on April 14, 2009.

 

The chair directed that the following actions concerning HB 717 be reflected in the minutes:

 

On April 9, 2009 the chair recalled the measure from the Subcommittee on Violent Crime and scheduled it for a public hearing before the full committee on April 15, 2009.  Subsequently, no action was taken in committee.

 

HB 1224

 

The chair laid out HB 1224.

 

The chair recognized Representative Laubenberg to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

(Representative Moody now present.)

 

(Representative Riddle now present.)

 

(Representative Miklos in chair.)

 

(Representative Pierson now present.)

 

(Representative Gallego in chair.)

 

The chair recognized Representative Laubenberg to close on the measure.

 

The bill was left pending without objection.

 

HB 2789

 

The chair laid out HB 2789.

 

The chair recognized Representative Miller, Doug to explain the measure.

 

(Representative Hodge in chair.)

 

Testimony taken/registration recorded.  (See attached witness list.)

 

(Representative Christian now present.)

 

The chair recognized Representative Miller, Doug to close on the measure.

 

HB 3886

 

The chair laid out HB 3886.

 

The chair recognized Representative Vaught to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Vaught to close on the measure.

 

(Representative Kent now present.)

 

The bill was left pending without objection.

 

(Representative Gallego in chair.)

 

HB 3148

 

The chair laid out HB 3148.

 

The chair recognized Representative Smith, Todd to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Smith, Todd to close on the measure.

 

The bill was left pending without objection.

 

HB 509

 

The chair laid out HB 509.

 

The chair recognized Representative Riddle to explain the measure.

 

Representative Gallego offered a complete committee substitute.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Riddle to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 718

 

The chair laid out HB 718.

 

Representative Gallego offered a complete committee substitute.

 

The chair recognized Representative Riddle to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Riddle to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 2385

 

The chair laid out HB 2385.

 

The chair recognized Representative Castro to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Castro to close on the measure.

 

The bill was left pending without objection.

 

(Representative Pierson in chair.)

 

HB 4466

 

The chair laid out HB 4466.

 

The bill was left pending without objection.

 

(Representative Miklos in chair.)

 

 

HB 4466

 

The chair laid out HB 4466 as pending business.

 

Representative Miklos offered a complete committee substitute.

 

The chair recognized Representative Gallego to explain the measure.

 

The chair recognized Representative Gallego to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

(Representative Gallego in chair.)

 

HB 1239

 

The chair laid out HB 1239.

 

Representative Gallego offered a complete committee substitute.

 

The chair recognized Representative Pena to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

(Representative Pierson in chair.)

 

(Representative Gallego in chair.)

 

The chair recognized Representative Pena to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 951

 

The chair laid out HB 951.

 

The chair recognized Representative Dutton to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Dutton to close on the measure.

 

The bill was left pending without objection.

 

(Representative Miklos in chair.)

 

HB 2059

 

The chair laid out HB 2059.

 

Representative Miklos offered a complete committee substitute.

 

The chair recognized Representative Gallego to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Gallego to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

(Representative Gallego in chair.)

 

HB 3244

 

The chair laid out HB 3244.

 

The chair recognized Representative Miklos to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Miklos to close on the measure.

 

The bill was left pending without objection.

 

HB 3520

 

The chair laid out HB 3520.

 

The chair recognized Representative Miklos to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Miklos to close on the measure.

 

The bill was left pending without objection.

 

HB 167

 

The chair laid out HB 167.

 

The chair explained the measure.

 

Representative Kent moved that HB 167, 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 Gallego; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Fletcher; Riddle  (3).

 

HB 221

 

The chair laid out HB 221.

 

The chair explained the measure.

 

The bill was left pending without objection.

 

HB 616

 

The chair laid out HB 616.

 

Representative Gallego offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

The chair explained the measure.

 

Representative Miklos moved that HB 616, 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 Gallego; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Fletcher; Riddle  (3).

 

(Representative Fletcher now present.)

 

HB 775

 

The chair laid out HB 775.

 

The chair recognized Representative Miklos to explain the measure.

 

Representative Vo moved that HB 775, 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 Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

The chair moved to reconsider the vote by which HB 616 was considered.  The motion to reconsider prevailed without objection.

 

 

 

 

Representative Miklos moved that HB 616, 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 Gallego; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (8).

 

Nays:                             Representative Fletcher (1).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 796

 

The chair laid out HB 796.

 

The chair explained the measure.

 

Representative Vo moved that HB 796, 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 Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 1003

 

The chair laid out HB 1003.

 

The chair recognized Representative Kent to explain the measure.

 

Representative Kent moved that HB 1003, 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 Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 1321

 

The chair laid out HB 1321.

 

The chair recognized Representative Moody to explain the measure.

 

Representative Moody moved that HB 1321, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 1472

 

The chair laid out HB 1472.

 

The chair explained the measure.

 

The bill was left pending without objection.

 

HB 1482

 

The chair laid out HB 1482.

 

Representative Gallego offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

The chair explained the measure.

 

The bill was left pending without objection.

 

HB 1531

 

The chair laid out HB 1531.

 

The chair explained the measure.

 

Representative Moody moved that HB 1531, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 1745

 

The chair laid out HB 1745.

 

Representative Vaught offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

The bill was left pending without objection.

 

HB 2002

 

The chair laid out HB 2002.

 

The chair explained the measure.

 

Representative Hodge moved that HB 2002, 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 Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:            Representatives Christian; Riddle  (2).

 

HB 2003

 

The chair laid out HB 2003.

 

The chair explained the measure.

 

Representative Kent moved that HB 2003, 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 Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 2067

 

The chair laid out HB 2067.

 

The chair explained the measure.

 

Representative Pierson moved that HB 2067, 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 Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 2130

 

The chair laid out HB 2130.

 

The chair recognized Representative Vaught to explain the measure.

 

Representative Vaught moved that HB 2130, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 2145

 

The chair laid out HB 2145.

 

Representative Gallego offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

The chair recognized Representative Miklos to explain the measure.

 

Representative Kent moved that HB 2145, 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 Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

 

 

 

HB 2240

 

The chair laid out HB 2240.

 

Representative Gallego offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

The chair recognized Representative Vaught to explain the measure.

 

Representative Vaught moved that HB 2240, 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 Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 2432

 

The chair laid out HB 2432.

 

The chair recognized Representative Moody to explain the measure.

 

Representative Gallego offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Moody moved that HB 2432, 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 Gallego; Fletcher; Kent; Moody; Pierson; Vaught; Vo (7).

 

Nays:                             None  (0).

 

Present, Not Voting:     Representatives Hodge; Miklos (2).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 2584

 

The chair laid out HB 2584.

 

The chair recognized Representative Kent to explain the measure.

 

Representative Kent moved that HB 2584, 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 Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 2873

 

The chair laid out HB 2873.

 

Representative Gallego offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

The chair explained the measure.

 

Representative Fletcher moved that HB 2873, 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 Gallego; Fletcher; Kent; Miklos; Moody; Pierson; Vaught; Vo (8).

 

Nays:                             None (0).

 

Present, Not Voting:     Representative Hodge  (1).

 

Absent:                          Representatives Christian; Riddle  (2).

 

Testimony taken/registration recorded.  (See attached witness list.)

 

Representative Pierson moved to reconsider the vote by which HB 2873 was adopted.  The motion to reconsider prevailed without objection.

 

Representative Fletcher moved that HB 2873, 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 Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 2973

 

The chair laid out HB 2973.

 

Representative Gallego offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Hodge moved that HB 2973, 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 Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vo (8).

 

Nays:                             None (0).

 

Present, Not Voting:     Representative Vaught  (1).

 

Absent:                          Representatives Christian; Riddle  (2).

 

 

 

 

HB 3585

 

The chair laid out HB 3585.

 

The chair explained the measure.

 

Representative Pierson moved that HB 3585, 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 Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 3680

 

The chair laid out HB 3680.

 

The bill was left pending without objection.

 

HB 3769

 

The chair laid out HB 3769.

 

Representative Gallego offered a complete committee substitute.

 

The chair recognized Representative Fletcher to explain the measure.

 

Representative Miklos moved that HB 3769, 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 Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 4136

 

The chair laid out HB 4136.

 

Representative Kent moved that HB 4136, 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 Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 4422

 

The chair laid out HB 4422.

 

Representative Kent moved that HB 4422, 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 Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 877

 

The chair laid out HB 877.

 

The chair recognized Representative Miklos to explain the measure.

 

Representative Miklos moved that HB 877, 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 Gallego; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (8).

 

Nays:                             Representative Fletcher (1).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 1147

 

The chair laid out HB 1147.

 

The chair recognized Representative Moody to explain the measure.

 

Representative Miklos moved that HB 1147, 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 Gallego; Fletcher; Kent; Miklos; Moody; Pierson; Vaught; Vo (8).

 

Nays:                             None (0).

 

Present, Not Voting:     Representative Hodge  (1).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 1480

 

The chair laid out HB 1480.

 

Representative Moody offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

The chair recognized Representative Moody to explain the measure.

 

The bill was left pending without objection.

 

HB 1544

 

The chair laid out HB 1544.

 

Representative Moody offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

The chair recognized Representative Miklos to explain the measure.

 

Representative Moody moved that HB 1544, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 2267

 

The chair laid out HB 2267.

 

The chair recognized Representative Hodge to explain the measure.

 

The bill was left pending without objection.

 

HB 3207

 

The chair laid out HB 3207.

 

The chair recognized Representative Kent to explain the measure.

 

Representative Kent moved that HB 3207, 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 Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 3615

 

The chair laid out HB 3615.

 

Representative Moody offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

The chair recognized Representative Moody to explain the measure.

 

Representative Moody moved that HB 3615, 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 Gallego; Fletcher; Kent; Miklos; Moody; Pierson; Vaught; Vo (8).

 

Nays:                             None (0).

 

Present, Not Voting:     Representative Hodge  (1).

 

Absent:                          Representatives Christian; Riddle  (2).

 

HB 4336

 

The chair laid out HB 4336.

 

Representative Gallego offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

The chair explained the measure.

 

Representative Fletcher moved that HB 4336, 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 Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

 

 

 

HB 3751

 

The chair laid out HB 3751.

 

Representative Miklos offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Pierson moved that HB 3751, 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 Gallego; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Riddle  (2).

 

At 10:24 p.m., on the motion of the chair and without objection, the meeting was adjourned subject to the call of the chair.

 

 

________________________

Rep. Gallego, Chair

 

 

________________________

Andrew Cates, Clerk