By Longoria                                             H.B. No. 74

      75R948 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the waiver of the right to a jury trial in a

 1-3     misdemeanor 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 if the offense is a felony, with the

1-14     consent and approval of the attorney representing the State.  The

1-15     consent and approval by the court shall be entered of record on the

1-16     minutes of the court, and the consent and approval of the attorney

1-17     representing the State, if required by this subsection, shall be in

1-18     writing, signed by him, and filed in the papers of the cause before

1-19     the defendant enters his plea.

1-20           SECTION 2.  (a)  The change in law made by this Act applies

1-21     only to the waiver of the right to a jury trial in a trial

1-22     commenced on or after the effective date of this Act.

1-23           (b)  A trial commenced before the effective date of this Act

1-24     is covered by the law in effect when the trial was commenced, and

 2-1     the former law is continued in effect for that purpose.

 2-2           SECTION 3.  This Act takes effect September 1, 1997.

 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.