85R4328 LHC-D
By: Wu H.B. No. 685
A BILL TO BE ENTITLED
AN ACT
relating to a defendant's waiver of a jury trial following a plea of
guilty or nolo contendere for a felony offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 26.14, Code of Criminal Procedure, is
amended to read as follows:
Art. 26.14. JURY ON PLEA OF GUILTY. Where a defendant in a
case of felony persists in pleading guilty or in entering a plea of
nolo contendere, if the punishment is not absolutely fixed by law, a
jury shall be impaneled to assess the punishment and evidence may be
heard to enable the jury [them] to decide thereupon, unless the
defendant in writing or in person in open court waives the
defendant's [in accordance with Articles 1.13 or 37.07 shall have
waived his] right to trial by jury. A defendant may waive the right
to a jury trial in the punishment phase of the trial without the
consent of the attorney representing the state or the approval of
the court.
SECTION 2. The change in law made by this Act applies only
to a plea of guilty or nolo contendere entered on or after the
effective date of this Act, regardless of whether the offense with
reference to which the plea is entered is committed before, on, or
after that date.
SECTION 3. This Act takes effect September 1, 2017.