By Dunnam, et al. H.B. No. 515
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the waiver of a trial by jury.
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 offense
1-7 other than a capital felony case in which the State notifies the
1-8 court and the defendant that it will seek the death penalty shall
1-9 have the right, upon entering a plea, to waive the right of trial
1-10 by jury, conditioned, however, that such waiver must be made in
1-11 person by the defendant in writing in open court with the consent
1-12 and approval of the court, and if the offense is a felony, with the
1-13 consent and approval of the attorney representing the State. The
1-14 consent and approval by the court shall be entered of record on the
1-15 minutes of the court, and the consent and approval of the attorney
1-16 representing the State, if required by this subsection, shall be in
1-17 writing, signed by him, and filed in the papers of the cause before
1-18 the defendant enters his plea.
1-19 SECTION 2. Article 1.13(c), Code of Criminal Procedure, is
1-20 amended to read as follows:
1-21 (c) A defendant may agree to waive a jury trial regardless
2-1 of whether the defendant is represented by an attorney at the time
2-2 of making the waiver, but before [Before] a defendant charged with
2-3 a felony who has no attorney can agree to waive the jury, the court
2-4 must appoint an attorney to represent him.
2-5 SECTION 3. The change in law made by this Act applies only
2-6 to the trial of an offense that commences on or after the effective
2-7 date of this Act, whether the trial is for an offense committed
2-8 before, on, or after the effective date of this Act.
2-9 SECTION 4. This Act takes effect September 1, 1997.
2-10 SECTION 5. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.