Senate Bill No. by Senator Morris amends the Code of Criminal Procedure regarding the waiver of a jury trial in noncapital felony cases. The bill removes the previous provision that allowed a defendant to waive their right to a jury trial with the consent of the district attorney within 45 days prior to the trial. Instead, it establishes that a court must deny a defendant's motion to waive a jury trial unless the prosecuting authority provides written consent to the waiver.
The proposed law allows defendants in noncapital cases to waive their right to a jury trial at any time before the trial begins, provided they have the written consent of the prosecuting authority. This change aims to clarify the process for waiving a jury trial and ensures that prosecutorial consent is a necessary component of that decision. The bill will take effect only if a related constitutional amendment is adopted in a statewide election.