By McClendon H.B. No. 36
77R965 GWK-D
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. (a) The change in law made by this Act applies
1-20 only to the trial of an offense in which the defendant enters a
1-21 plea on or after the effective date of this Act, whether the trial
1-22 is for an offense committed before, on, or after the effective date
1-23 of this Act.
1-24 (b) The trial of an offense in which the defendant entered a
2-1 plea before the effective date of this Act is covered by the law in
2-2 effect when the plea was entered, and the former law is continued
2-3 in effect for that purpose.
2-4 SECTION 3. This Act takes effect September 1, 2001.