By:  Dutton                                            H.B. No. 510
       73R2412 GWK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the waiver of a trial by jury by a defendant in a
    1-3  criminal case.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 1.13(a), Code of Criminal Procedure, is
    1-6  amended to read as follows:
    1-7        (a)  The defendant in a criminal prosecution for any offense
    1-8  other than a capital felony case in which the State notifies the
    1-9  court and the defendant that it will seek the death penalty shall
   1-10  have the right, upon entering a plea, to waive the right of trial
   1-11  by jury, conditioned, however, that such waiver must be made in
   1-12  person by the defendant in writing in open court with the consent
   1-13  and approval of the court, and, unless the defendant enters a plea
   1-14  of not guilty, with the approval and consent of the attorney
   1-15  representing the State.  The consent and approval by the court
   1-16  shall be entered of record on the minutes of the court, and the
   1-17  consent and approval of the attorney representing the State shall
   1-18  be in writing, signed by him, and filed in the papers of the cause
   1-19  before the defendant enters his plea.
   1-20        SECTION 2.  The change in law made by this Act applies only
   1-21  to a defendant's waiver of a trial by jury made on or after the
   1-22  effective date of this Act.  A waiver of a trial by jury made
   1-23  before the effective date of this Act is covered by the law in
   1-24  effect when the waiver was made, and the former law is continued in
    2-1  effect for this purpose.
    2-2        SECTION 3.  This Act takes effect September 1, 1993.
    2-3        SECTION 4.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency and an imperative public necessity that the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended.