The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Kostelka (SB 40)
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 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)