By Dutton H.B. No. 616
74R3858 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 the attorney representing the
1-14 State>. The consent and approval by the court shall be entered of
1-15 record on the minutes of the court<, and the consent and approval
1-16 of the attorney representing the State shall be in writing, signed
1-17 by him, and filed in the papers of the cause before the defendant
1-18 enters his plea>.
1-19 SECTION 2. The change in law made by this Act applies only
1-20 to a defendant's waiver of a trial by jury made on or after the
1-21 effective date of this Act. A waiver of a trial by jury made
1-22 before the effective date of this Act is covered by the law in
1-23 effect when the waiver was made, and the former law is continued in
1-24 effect for this purpose.
2-1 SECTION 3. This Act takes effect September 1, 1995.
2-2 SECTION 4. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.