Senate Bill No. 81, introduced by Senator Morris, amends the Code of Criminal Procedure regarding the waiver of a jury trial in noncapital felony cases. The bill modifies Article 780(C) to require that a defendant's motion to waive a jury trial must be accompanied by written consent from the prosecuting authority. This change replaces 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's commencement.
Under the proposed law, defendants can waive their right to a jury trial at any time before the trial begins, provided they obtain the necessary written consent from the prosecuting authority. The bill retains the existing provisions of the law while ensuring that the waiver process is more regulated. The effectiveness of this act is contingent upon the adoption of a proposed amendment to Article I, Section 17(A) of the Louisiana Constitution.