SRC-JEC H.B. 840 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 840
77R3172 GWK-DBy: Hinojosa (West, Royce)
Jurisprudence
5/8/2001
Engrossed


DIGEST 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.
H.B. 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

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 26, Code of Criminal Procedure, by adding
Article 26.011, as follows: 

Art. 26.011.  WAIVER OF ARRAIGNMENT.  Authorizes an attorney representing a
defendant to present a waiver of arraignment, and prohibits the clerk of
the court from requiring the presence of the defendant as a condition of
accepting the waiver. 

SECTION 2.  Effective date: upon passage or September 1, 2001.