MINUTES

 

SENATE COMMITTEE ON CRIMINAL JUSTICE

Thursday, April 16, 2009

1:30 p.m. or upon adjournment

Senator Whitmire's Desk

 

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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 Thursday, April 16, 2009, at Senator Whitmire's Desk.

 

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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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The chair called the meeting to order at 6:00 p.m.  There being a quorum present, the following business was transacted: 

 

Senator Patrick submitted a motion in writing to request unanimous consent to be shown voting aye on SB 89, SB 224, SB 385, SB 409, SB 410, SB 650, SB 712, SB 1061, SB 1173, SB 1188, SB 1224, SB 1296, SB 1374, SB 1391, SB 1377, SB 1506, SB 1683, SB 1779, and SB 2047.  Senator Patrick requested unanimous consent to be shown voting nay on SB 840, SB 1118, SB 1139, and SB 1323.

 

As a matter of pending business, the chair laid out SB 385.  Senator Carona moved that SB 385 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 nays, 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. 

 

As a matter of pending business, the chair laid out SB 409.  Senator Carona moved that SB 409 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 nays, 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. 

 

As a matter of pending business, the chair laid out SB 410.  Senator Carona moved adoption of the committee substitute that was explained during the public hearing on April 14, 2009; without objection, it was so ordered.  Senator Carona moved that SB 410 do not pass but that CSSB 410 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 nays, 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.     

 

As a matter of pending business, the chair laid out SB 650.  Senator Ellis moved that SB 650 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 nays, 0 present not voting, and 0 absent.  Senator Ellis 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, the chair laid out SB 712.  Senator Hegar moved that SB 712 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 nays, 0 present not voting, and 0 absent. 

 

As a matter of pending business, the chair laid out SB 840.  Senator Hinojosa moved that SB 840 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, 1 nay, 0 present not voting, and 0 absent.   

 

As a matter of pending business, the chair laid out SB 1061.  Senator Carona moved that SB 1061 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 nays, 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. 

 

As a matter of pending business, the chair laid out SB 1118.  Senator Ellis sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Ellis requested unanimous consent to roll the amendment into the committee substitute that was adopted on April 14, 2009; without objection, it was so ordered.  Senator Ellis then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Ellis moved that SB 1118 do not pass but that CSSB 1118 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, 1 nay, 0 present not voting, and 1 absent. 

 

As a matter of pending business, the chair laid out SB 1120.  Senator Whitmire moved that SB 1120 do not pass but that CSSB 1120 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. 

 

 

 

As a matter of pending business, the chair laid out SB 1139.  Senator Hinojosa moved that SB 1139 be left pending; without objection, it was so ordered. 

 

As a matter of pending business, the chair laid out SB 1173.  Senator Seliger moved adoption of the committee substitute that was explained during the public hearing on April 14, 2009; without objection, it was so ordered.  Senator Seliger moved that SB 1173 do not pass but that CSSB 1173 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 nays, 0 present not voting, and 0 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, the chair laid out SB 1188.  Senator Seliger moved that SB 1188 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 nays, 0 present not voting, and 0 absent.  Senator Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

Senator Carona submitted a motion in writing to request unanimous consent to be shown voting aye on SB 1224, SB 1236, SB 1296, SB 1323, SB 1377, SB 1391, SB 1506, SB 1683, SB 1774, SB 2046, SB 2047, and SB 89.

 

As a matter of pending business, the chair laid out SB 1224.  Senator Carona moved that SB 1224 do not pass but that CSSB 1224 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 nays, 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. 

 

As a matter of pending business, the chair laid out SB 1236.  Senator Seliger moved adoption of the committee substitute that was explained during the public hearing on April 14, 2009; without objection, it was so ordered.  Senator Seliger moved that SB 1236 do not pass but that CSSB 1236 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 nays, 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. 

 

As a matter of pending business, the chair laid out SB 1296.   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.  Senator Hegar moved that SB 1296 do not pass but that CSSB 1296 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 nays, 0 present not voting, and 0 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, the chair laid out SB 1323.  Senator Hinojosa moved that SB 1323 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, 1 nay, 0 present not voting, and 0 absent. 

 

As a matter of pending business, the chair laid out SB 1377.  Senator Seliger moved that SB 1377 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 nays, 0 present not voting, and 0 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, the chair laid out SB 1391.  Senator Hinojosa sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Hegar requested unanimous consent to roll the amendment into the committee substitute that was adopted on April 14, 2009; without objection, it was so ordered.  Senator Hegar then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Hegar moved that SB 1391 do not pass but that CSSB 1391 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 nays, 0 present not voting, and 0 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, the chair laid out SB 1506.   Senator Hegar moved adoption of the committee substitute that was explained during the public hearing on April 14, 2009; without objection, it was so ordered.  Senator Hegar moved that SB 1506 do not pass but that CSSB 1506 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 nays, 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. 

 

As a matter of pending business, the chair laid out SB 1683.  Senator Hinojosa moved that SB 1683 be left pending; without objection, it was so ordered. 

 

As a matter of pending business, the chair laid out SB 1774.  Senator Hegar moved that SB 1774 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 nays, 0 present not voting, and 0 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, the chair laid out SB 2046.  Senator Carona moved that SB 2046 do not pass but that CSSB 2046 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 nays, 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. 

 

As a matter of pending business, the chair laid out SB 2047.  Senator Hegar moved that SB 2047 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 nays, 0 present not voting, and 0 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, 2009, Senator Whitmire suspended Senate Rules 11.10 and 11.18 on the Senate floor to take up and consider SB 89. 

 

As a matter of pending business, the chair laid out SB 89.   Senator Hinojosa moved adoption of the committee substitute that was explained during the public hearing on April 7, 2009; without objection, it was so ordered.  Senator Hinojosa sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Hinojosa requested unanimous consent to roll the amendment into the committee substitute; without objection, it was so ordered.  Senator Hinojosa then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Hinojosa moved that SB 89 do not pass but that CSSB 89 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 nays, 0 present not voting, and 0 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 6:23 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