HBA-JLV H.B. 840 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 840
By: Hinojosa
Criminal Jurisprudence
7/3/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, state law required the presence of the
defendant for the presentation of a waiver of arraignment, which in certain
cases, placed an unnecessary burden on those involved in the arraignment
process.  House Bill 840 authorizes an attorney representing a defendant to
present a waiver of arraignment to the clerk of the court without requiring
the presence of the defendant as a condition of accepting the waiver.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 840 amends the Code of Criminal Procedure to authorize an
attorney representing a defendant to present a waiver of arraignment.  The
bill prohibits the clerk of the court from requiring the presence of the
defendant as a condition of accepting the waiver. 

EFFECTIVE DATE

June 14, 2001.