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.