MINUTES

 

SENATE COMMITTEE ON CRIMINAL JUSTICE

Tuesday, April 7, 2009

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 7, 2009, 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 Rodney Ellis

Senator Glenn Hegar

Senator Juan Hinojosa

Senator Dan Patrick

 

None

 

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Senator Seliger called the meeting to order at 1:34 p.m.  The following business was transacted: 

 

The chair laid out SB 937 and recognized the author, Senator Carona, to explain the bill.  Senator Seliger sent up a committee substitute; the chair recognized Senator Carona to explain the difference between the committee substitute and the senate bill as filed.  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 937 be left pending to await a quorum; without objection, it was so ordered. 

 

The chair laid out SB 89 and recognized the author, Senator Van de Putte, to explain the bill.  Senator Seliger sent up a committee substitute; the chair recognized Senator Van de Putte to explain the difference between the committee substitute and the senate bill as filed.  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 89 be left pending to await a quorum; without objection, it was so ordered.   

 

At 2:03 p.m. Senator Whitmire assumed the chair. 

 

The chair laid out SB 787 and recognized the author, Senator Nelson, to explain the bill.  Senator Seliger sent up a committee substitute; the chair recognized Senator Nelson 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 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 787 be left pending to await a quorum; without objection, it was so ordered. 

 

The chair laid out SB 912 and recognized the author, Senator Williams, to explain the bill. 

Senator Carona 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 Carona 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.  There being a quorum present, Senator Carona moved that SB 912 do not pass but that CSSB 912 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 nays, 0 present not voting, and 3 absent.  Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.        

 

As a matter of pending business, Senator Carona moved that SB 787 do not pass but that CSSB 787 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 nays, 0 present not voting, and 3 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 1281 and recognized the author, Senator Williams, 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 1281 be left pending to await a quorum; without objection, it was so ordered. 

 

The chair laid out SB 388 and recognized the author, Senator Carona, to explain the bill.  Senator Carona sent up a committee substitute; the chair recognized Senator Carona to explain the difference between the committee substitute and the senate bill as filed.  Senator Carona moved adoption of the committee substitute; without objection, it was so ordered.  Senator Whitmire sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Carona requested unanimous consent to incorporate the amendment into 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 388 be left pending to await a quorum; without objection, it was so ordered. 

 

The chair laid out SB 743 and recognized the author, Senator Wentworth, to explain the bill.  Senator Carona 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 Carona 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 Carona moved that SB 743 do not pass but that CSSB 743 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 nays, 0 present not voting, and 3 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 537 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 537 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 nays, 0 present not voting, and 3 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 1273 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 1273 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 nays, 0 present not voting, and 3 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 1303 and recognized the author, Senator Seliger, 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 1303 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 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 1424 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 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 1424 do not pass but that CSSB 1424 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 Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, Senator Seliger moved adoption of the committee substitute for SB 937; without objection, it was so ordered.  Senator Hinojosa sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Whitmire requested unanimous consent to incorporate the amendment into the committee substitute; without objection, it was so ordered.  Senator Whitmire then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Carona moved that SB 937 do not pass but that CSSB 937 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 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 1175 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.  The chair moved that SB 1175 be left pending.

 

The chair laid out SB 1832 and recognized the author, Senator Patrick, to explain the bill.  Senator Patrick sent up a committee substitute; the chair recognized Senator Patrick to explain the difference between the committee substitute and the senate bill as filed.  Senator Patrick moved adoption of the committee substitute; without objection, it was so ordered. 

 

At 3:35 p.m. Senator Hinojosa assumed the chair and opened the public testimony.  At 3:38 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 Patrick moved that SB 1832 do not pass but that CSSB 1832 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 Patrick moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.   

 

As a matter of pending business, Senator Patrick moved that SB 1175 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, 1 nay, 0 present not voting, and 2 absent. 

 

Senator Patrick submitted a motion in writing to request unanimous consent to be shown voting aye on SB 89, CSSB 388, SB 537, CSSB 743, CSSB 787, CSSB 912, CSSB 937, SB 1273, and SB 1281.

 

The chair laid out SB 1662 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 1662 do not pass but that CSSB 1662 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 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 1256 and recognized the author, Senator Carona, to explain the bill.  Senator Carona sent up a committee substitute; the chair recognized Senator Carona to explain the difference between the committee substitute and the senate bill as filed.  Senator Carona moved adoption of the committee substitute; without objection, it was so ordered.  Senator Hinojosa sent up Committee Amendment 1 and moved adoption; there being objection, the amendment was not 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 1256 do not pass but that CSSB 1256 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. 

 

The chair laid out SB 1557 and recognized Senator Carona, 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 Carona 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 5 ayes, 0 nays, 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 920 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 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 920 be left pending.

 

At 4:30 p.m. Senator Hinojosa assumed the chair. 

 

The chair laid out SB 1775 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.  The chair moved that SB 1775 be left pending. 

 

At 4:31 p.m. Senator Seliger assumed the chair. 

 

The chair laid out SB 1504 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 Hinojosa moved that SB 1504 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 nays, 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 1529 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 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 1529 do not pass but that CSSB 1529 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 nays, 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 1505 and recognized the author, Senator Whitmire, to explain the bill. 

 

At 4:40 p.m. Senator Hinojosa assumed the chair. 

 

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 Whitmire moved that SB 1505 do not pass but that CSSB 1505 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 Whitmire moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, Senator Whitmire moved that SB 1775 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 Whitmire moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 5:10 p.m. Senator Whitmire resumed the chair. 

 

The chair laid out SB 552 and recognized the author, Senator Hegar, 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 Hegar moved that SB 552 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. 

 

As a matter of pending business, Senator Hinojosa moved that SB 920 do not pass but that CSSB 920 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. 

 

As a matter of pending business, Senator Hegar moved that SB 1281 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, Senator Carona moved that SB 388 do not pass but that CSSB 388 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

Senator Seliger submitted a motion in writing to request unanimous consent to be shown voting aye on CSSB 388, SB 552, CSSB 920, and SB 1775. 

 

Senator Ellis submitted a motion in writing to request unanimous consent to be shown voting aye on CSSB 388, SB 537, SB 552, CSSB 743, CSSB 787, CSSB 912, CSSB 920, SB 1273, SB 1281, SB 1303, CSSB 1424, SB 1504, CSSB 1529, SB 1557, CSSB 1662, SB 1775, and CSSB 1832. 

 

There being no further business, at 5:20 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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Vanessa Valdez, Clerk