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.