By Park H.B. No. 309
74R1121 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the waiver of trial by jury in a criminal case.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 1.13(a), Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 (a) The defendant in a criminal prosecution for any felony
1-7 <offense> other than a capital felony <case> in which the State
1-8 notifies the court and the defendant that it will seek the death
1-9 penalty shall have the right, upon entering a plea, to waive the
1-10 right of trial by jury, conditioned, however, that such waiver must
1-11 be made in person by the defendant in writing in open court with
1-12 the consent and approval of the court, and the attorney
1-13 representing the State. The consent and approval by the court
1-14 shall be entered of record on the minutes of the court, and the
1-15 consent and approval of the attorney representing the State shall
1-16 be in writing, signed by him, and filed in the papers of the cause
1-17 before the defendant enters his plea.
1-18 SECTION 2. The change in law made by this Act applies to the
1-19 trial of an offense that commences on or after the effective date
1-20 of this Act. A trial that commences before the effective date of
1-21 this Act is covered by the law in effect when the trial commences,
1-22 and the former law is continued in effect for this purpose.
1-23 SECTION 3. This Act takes effect September 1, 1995.
1-24 SECTION 4. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.