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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 ENROLLED
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.
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
waiver shall be by written motion filed in the district court not later than forty-18
five days prior to the date the case is set for trial. The motion shall be signed by19
the defendant and shall also be signed by defendant's counsel unless the20
defendant has waived his right to counsel.21
C. The defendant may withdraw a waiver of trial by jury unless the court22
finds that withdrawal of the waiver would result in interference with the23
ACT No. 343 SB NO. 40 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
administration of justice, unnecessary delay, unnecessary inconvenience to1
witnesses, or prejudice to the state. With the consent of the district attorney the2
defendant may waive trial by jury within forty-five days prior to the3
commencement of trial.4
D. A waiver of trial by jury is irrevocable and cannot be withdrawn by5
the defendant.6
Section 2. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: