1-1 By: Sibley S.B. No. 261
1-2 (In the Senate - Filed January 22, 1997; January 23, 1997,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 February 18, 1997, reported favorably by the following vote: Yeas
1-5 7, Nays 0; February 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the waiver of a trial by jury.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subsection (c), Article 1.13, Code of Criminal
1-11 Procedure, is amended to read as follows:
1-12 (c) A defendant may agree to waive a jury trial regardless
1-13 of whether the defendant is represented by an attorney at the time
1-14 of making the waiver, but before [Before] a defendant charged with
1-15 a felony who has no attorney can agree to waive the jury, the court
1-16 must appoint an attorney to represent him.
1-17 SECTION 2. The change in law made by this Act applies only
1-18 to the trial of an offense that commences on or after the effective
1-19 date of this Act, whether the trial is for an offense committed
1-20 before, on, or after the effective date of this Act.
1-21 SECTION 3. This Act takes effect September 1, 1997.
1-22 SECTION 4. The importance of this legislation and the
1-23 crowded condition of the calendars in both houses create an
1-24 emergency and an imperative public necessity that the
1-25 constitutional rule requiring bills to be read on three several
1-26 days in each house be suspended, and this rule is hereby suspended.
1-27 * * * * *