Texas House Bill HB685

Texas 2017 - 85th Regular

• Filed: 12/21/16

Caption

Relating to a defendant's waiver of a jury trial following a plea of guilty or nolo contendere for a felony offense.

Impact

The enactment of HB685 could significantly affect how felony cases are processed in Texas courts. By simplifying the waiver process for jury trials, the bill could expedite the legal proceedings in certain cases, potentially reducing court backlogs. Moreover, this decision allows defendants to take more control over their sentencing procedures, which may benefit those who believe that a jury trial would not be advantageous to their case outcomes. Nonetheless, it raises important discussions about the rights of defendants and the implications of opting out of a jury trial.

Summary

House Bill 685 addresses the procedures surrounding a defendant's waiver of a jury trial specifically after entering a plea of guilty or nolo contendere for a felony offense. The bill amends Article 26.14 of the Code of Criminal Procedure to clarify that a jury must be impaneled to assess punishment when a defendant pleads guilty unless the defendant waives this right in writing or in open court. This provision allows a defendant to forgo a jury trial for the punishment phase without requiring consent from the attorney representing the state or approval from the court. The changes give more autonomy to defendants regarding their trial processes.

Contention

While the bill aims to streamline judicial processes, there may be contention regarding the implications of allowing defendants to waive their right to a jury trial without court oversight. Critics may argue that this could lead to situations where defendants waive their rights inappropriately or without fully understanding the consequences of their decisions. The absence of a requirement for the state attorney's consent and court approval could be perceived as undermining the judicial process, raising legal and ethical questions about defendants' choices in serious felony cases.