SLS 13RS-117 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 40
BY SENATOR KOSTELKA (On Recommendation of the Louisiana State Law Institute)
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL PROCEDURE. Provides relative to the right to waive trial by jury in certain
criminal cases. (gov sig)
AN ACT1
To amend and reenact Code of Criminal Procedure Article 780, relative to trial by jury; to2
provide for waiver of the right to trial by jury in certain criminal cases; to provide3
procedures and time limits relative to waiver of trial by jury; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Article 780 is hereby amended and reenacted7
to read as follows: 8
Art. 780. Right to waive trial by jury9
A. A defendant charged with an offense other than one punishable by death10
may knowingly and intelligently waive a trial by jury and elect to be tried by the11
judge. At the time of arraignment, the defendant in such cases shall be informed by12
the court of his right to waive trial by jury.13
B. The defendant shall exercise his right to waive trial by jury in accordance14
with the time limits set forth in Article 521. However, with permission of the court,15
he may exercise his right to waive trial by jury at any time prior to the16
commencement of trial Article I, Section 17 of the Constitution of Louisiana. The17 SB NO. 40
SLS 13RS-117 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
waiver shall be by written motion filed in the district court not later than forty-1
five days prior to the date the case is set for trial. The motion shall be signed by2
the defendant, and shall also be signed by defendant's counsel unless the3
defendant has waived his right to counsel.4
C. The defendant may withdraw a waiver of trial by jury unless the court5
finds that withdrawal of the waiver would result in interference with the6
administration of justice, unnecessary delay, unnecessary inconvenience to7
witnesses, or prejudice to the state. With the consent of the district attorney the8
defendant may waive trial by jury within forty-five days prior to the9
commencement of trial.10
D. A waiver of trial by jury is irrevocable and cannot be withdrawn by11
the defendant.12
Section 2. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law provides that a criminal defendant in a non-capital case may knowingly and
intelligently waive his right to trial by jury.
Proposed law retains present law.
Present law provides that the court must inform the defendant of his right to waive trial by
jury.
Proposed law deletes this provision of present law.
Present law provides that the defendant must waive his right to trial by jury pursuant to time
limits set forth in present law or with the court's permission at any time prior to the
commencement of trial.
Proposed law deletes these provisions of present law and adds that the defendant must
exercise his right to waive trial by jury pursuant to present constitution and by written
motion not later than 45 days prior to the date his case is set for trial. Proposed law further
provides that this motion must be signed by defendant, and also signed by defendant's SB NO. 40
SLS 13RS-117 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
counsel unless the defendant has waived his right to counsel.
Present law provides that the defendant may withdraw a waiver of trial by jury unless the
court finds that withdrawal of the waiver would result in interference with the administration
of justice, unnecessary delay, unnecessary inconvenience to witnesses, or prejudice to the
state.
Proposed law deletes this provision of present law and adds that the defendant may waive
trial by jury within 45 days prior to the commencement of trial with the consent of the
district attorney.
Proposed law provides that the waiver of trial by jury is irrevocable and the defendant cannot
withdraw his waiver of trial by jury.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.Cr.P. Art. 780)