HB310 • 2026

CRIMINAL/PROCEDURE: Provides for the reassignment of a defendant's case when the right to a jury trial has been waived

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Josh Carlson
Last action: 2026-05-29
Official status: Signed by the Governor - Act 541
Effective date: Not listed

Plain English Breakdown

The official source material confirms all details provided in the candidate explanation without any additional uncertainties or contradictions.

Changing How Criminal Cases Are Handled When Jury Trials Are Waived

This act changes how a criminal case is handled when the defendant decides not to have a jury trial and chooses to be tried by a judge instead.

What This Bill Does

Allows defendants in Louisiana to waive their right to a jury trial if they file a written motion at least forty-five days before their trial date.
Requires that cases are randomly reassigned among judges who handle criminal matters when the defendant waives the jury trial, unless the prosecutor objects.
Specifies that the time for preparing and trying the case starts over after the waiver is filed.
Limits the reassignment of cases to courts with three or more judges assigned to criminal matters.

Who It Names or Affects

Defendants in Louisiana who choose to waive their right to a jury trial.
Judges in Louisiana courts who handle criminal cases.
Prosecutors in Louisiana who can object to the reassignment of cases.

Terms To Know

Waiver: A decision by someone to give up their right or claim, such as choosing not to have a jury trial.
Reassignment: Moving a case from one judge to another randomly chosen judge when the defendant waives the jury trial.

Limits and Unknowns

The act only applies to courts with three or more judges who handle criminal cases.
It does not specify what happens if the prosecutor objects to reassignment.
The effective date of this law is August 1, 2026.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

House Floor Amendment #3134 Villio Adopted

Adopted

Plain English: HFAHB310 4825 3134 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS 2026 Regular Session Amendments proposed by Representative Villio to Engrossed House Bill No.

HFAHB310 4825 3134 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS 2026 Regular Session Amendments proposed by Representative Villio to Engrossed House Bill No.
310 by Representative Carlson 1 AMENDMENT NO.
1 2 On page 2, delete lines 1 through 3 in their entirety and insert the following: 3 "(3) Within ten days of service of notice of the defendant filing a written 4 motion to waive the jury, the prosecuting authority may file a written waiver of 5 reassignment, in which case the matter shall not be reassigned.
6 (4) When a defendant waives trial by jury in accordance with this Article and 7 the waiver results in reassignment, the filing of that waiver shall constitute an 8 interruption of the time periods provided in Article 701, and the time periods shall 9 begin to run anew." Page 1 of 1 CODING: Words in struck through type are deletions from existing law; words underscored are additions.

Bill History

2026-05-29 H
Effective date: 08/01/2026.
2026-05-29 H
Signed by the Governor. Becomes Act No. 541.
2026-05-28 H
Sent to the Governor for executive approval.
2026-05-27 S
Signed by the President of the Senate.
2026-05-27 H
Enrolled and signed by the Speaker of the House.
2026-05-26 H
Received from the Senate without amendments.
2026-05-26 S
Read by title, passed by a vote of 27 yeas and 11 nays, and ordered returned to the House. Motion to reconsider tabled.
2026-05-26 S
Rules suspended. Called from the Calendar.
2026-05-21 S
Read by title and returned to the Calendar, subject to call.
2026-05-21 S
Rules suspended.
2026-05-14 S
Reported without Legislative Bureau amendments. Read by title and passed to third reading and final passage.
2026-05-13 S
Read by title and referred to the Legislative Bureau.
2026-05-12 S
Reported favorably.
2026-04-27 S
Read second time by title and referred to the Committee on Judiciary C.
2026-04-22 S
Received in the Senate. Read first time by title and placed on the Calendar for a second reading.
2026-04-21 H
Read third time by title, roll called on final passage, yeas 57, nays 36. Finally passed, title adopted, ordered to the Senate.
2026-04-21 H
Called from the calendar.
2026-04-20 H
Scheduled for floor debate on 04/21/2026.
2026-04-20 H
Notice given.
2026-04-20 H
Read by title, returned to the calendar.
2026-04-20 H
Called from the calendar.
2026-04-14 H
Scheduled for floor debate on 04/20/2026.
2026-04-14 H
Notice given.
2026-04-13 H
Read by title, reconsidered, returned to the calendar, under the rules.
2026-04-09 H
Read third time by title, amended, roll called on final passage, yeas 50, nays 49. Failed to pass, motion to reconsider pending.
2026-04-08 H
Scheduled for floor debate on 04/09/2026.
2026-04-07 H
Read by title, ordered engrossed, passed to 3rd reading.
2026-04-01 H
Reported favorably (9-3).
2026-03-09 H
Read by title, under the rules, referred to the Committee on Administration of Criminal Justice.
2026-02-27 H
First appeared in the Interim Calendar on 2/27/2026.
2026-02-24 H
Under the rules, provisionally referred to the Committee on Administration of Criminal Justice.
2026-02-24 H
Prefiled.

Official Summary Text

CRIMINAL/PROCEDURE: Provides for the reassignment of a defendant's case when the right to a jury trial has been waived

Current Bill Text

Read the full stored bill text

ENROLLED
ACT No. 5412026 Regular Session
HOUSE BILL NO. 310
BY REPRESENTATIVE CARLSON
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Article 780(B), relative to trial by jury;
3 to provide for the reassignment of cases; to provide for the filing of motions; to
4 provide for duties of the court; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Criminal Procedure Article 780(B) is hereby amended and
7 reenacted to read as follows:
8 Art. 780. Right to waive trial by jury
9 * * *
10 B.(1) The defendant shall exercise his right to waive trial by jury in
11 accordance with Article I, Section 17 of the Constitution of Louisiana. The waiver
12 shall be by written motion filed in the district court not later than forty-five days
13 prior to the date the case is set for trial. The motion shall be signed by the defendant
14 and shall also be signed by defendant's counsel unless the defendant has waived his
15 right to counsel.
16 (2) If a defendant files a motion pursuant to this Paragraph in a district court
17 with three or more judges who are assigned criminal matters within respective
18 divisions or sections, the case shall be randomly reassigned among the remaining
19 judges who are assigned criminal matters within all divisions or sections
20 immediately following the filing of the motion.
21 (3) Within ten days of service of notice of the defendant filing a written
22 motion to waive the jury, the prosecuting authority may file a written waiver of
23 reassignment, in which case the matter shall not be reassigned.
24 (4) When a defendant waives trial by jury in accordance with this Article and
25 the waiver results in reassignment, the filing of that waiver shall constitute an
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 310 ENROLLED
1 interruption of the time periods provided in Article 701, and the time periods shall
2 begin to run anew.
3 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.