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


Office of House Bill AnalysisH.B. 840
By: Hinojosa
Criminal Jurisprudence
4/10/2001
Introduced



BACKGROUND AND PURPOSE 

Current law requires the presence of the defendant for the presentation of
a waiver of arraignment. Many other states make an exception to this
requirement in the arraignment process in certain cases because it could
place 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

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.