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 criminal case to waive their right to a trial by jury without needing consent from the prosecutor. 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.

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 legislative change reflects a shift towards greater involvement of the prosecuting authority in the jury trial waiver process, potentially impacting the rights of defendants in criminal cases.