Kostelka (SB 40) Act No. 343
Prior law provided that a criminal defendant in a non-capital case may knowingly and
intelligently waive his right to trial by jury. New law retains prior law.
Prior law provided that the court must inform the defendant of his right to waive trial by jury.
New law deletes this provision.
Prior law provided that the defendant must waive his right to trial by jury pursuant to time
limits set forth in prior law or with the court's permission at any time prior to the
commencement of trial. New law deletes these provisions 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. New 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.
Prior law provided 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.
New law deletes this provision 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.
New 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 (June 17, 2013).
(Amends C.Cr.P. Art. 780)