Senate Bill No. 97 proposes a constitutional amendment to Article I, Section 17(A) of the Louisiana Constitution, which currently allows a defendant in a noncapital felony case to waive their right to a trial by jury. The amendment stipulates that a defendant may only waive this right with the written consent of the prosecuting authority, thereby adding a layer of oversight to the waiver process. This change aims to ensure that the decision to forgo a jury trial is mutually agreed upon by both the defendant and the prosecution, enhancing the integrity of the judicial process.

The proposed amendment will be submitted to voters during the statewide election scheduled for April 17, 2027. The ballot will include a proposition asking electors whether they support the requirement for prosecutorial consent before a defendant can waive their right to a jury trial. This initiative reflects a shift towards greater accountability in the criminal justice system, ensuring that defendants cannot unilaterally decide to waive their jury trial rights without the agreement of the prosecution.