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SB81 • 2026

CRIMINAL PROCEDURE: Provides relative to waiver of a trial by jury in a noncapital felony case. (See Act)

CRIMINAL PROCEDURE: Provides relative to waiver of a trial by jury in a noncapital felony case. (See Act)

Crime
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Jay Morris
Last action
2026-05-25
Official status
Sent to Governor
Effective date
Not listed

Plain English Breakdown

The bill summary and digest do not specify what happens if the prosecutor does not provide written consent within forty-five days of the trial start date, leaving this detail uncertain.

Changes to Jury Waiver for Noncapital Felony Cases

This bill changes the rules about when a defendant can give up their right to have a jury decide their case in noncapital felony cases.

What This Bill Does

  • Requires prosecutors to provide written consent before defendants can waive their right to a jury trial in noncapital felony cases.
  • The court will not allow a defendant's request to skip a jury trial if the prosecutor does not give written consent.

Who It Names or Affects

  • Defendants in noncapital felony cases who want to waive their right to a jury trial
  • Prosecutors who must now provide written consent for defendants to waive their right to a jury trial

Terms To Know

noncapital felony case
A serious criminal case where the punishment is less than death.
written prosecutorial consent
The requirement for prosecutors to give their agreement in writing before a defendant can waive their right to a jury trial.

Limits and Unknowns

  • This bill will only take effect if voters approve a constitutional amendment at an upcoming election.
  • It does not specify what happens if the prosecutor does not provide written consent within forty-five days of the trial start date.

Bill History

  1. 2026-05-25 H

    Signed by the Speaker of the House.

  2. 2026-05-21 S

    Sent to the Governor by the Secretary of the Senate.

  3. 2026-05-20 S

    Enrolled. Signed by the President of the Senate.

  4. 2026-05-19 S

    Received from the House without amendments.

  5. 2026-05-19 H

    Read third time by title, roll called on final passage, yeas 59, nays 41. Finally passed, ordered to the Senate..

  6. 2026-05-19 H

    Called from the calendar.

  7. 2026-05-18 H

    Scheduled for floor debate on 05/19/2026.

  8. 2026-05-18 H

    Notice given.

  9. 2026-05-18 H

    Read by title, returned to the calendar.

  10. 2026-05-18 H

    Called from the calendar.

  11. 2026-05-13 H

    Scheduled for floor debate on 05/18/2026.

  12. 2026-05-13 H

    Notice given.

  13. 2026-05-13 H

    Read by title, returned to the calendar.

  14. 2026-05-12 H

    Scheduled for floor debate on 05/13/2026.

  15. 2026-05-11 H

    Read by title, passed to 3rd reading.

  16. 2026-05-07 H

    Reported without Legislative Bureau amendments.

  17. 2026-05-06 H

    Reported favorably (7-3). Referred to the Legislative Bureau.

  18. 2026-03-25 H

    Read by title, under the rules, referred to the Committee on Administration of Criminal Justice.

  19. 2026-03-24 H

    Received in the House from the Senate, read by title, lies over under the rules.

  20. 2026-03-24 S

    Read by title, passed by a vote of 27 yeas and 11 nays, and sent to the House. Motion to reconsider tabled.

  21. 2026-03-18 S

    Read by title. Ordered engrossed and passed to third reading and final passage.

  22. 2026-03-17 S

    Reported favorably.

  23. 2026-03-09 S

    Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary C.

  24. 2026-02-20 S

    Prefiled and under the rules provisionally referred to the Committee on Judiciary C.

Official Summary Text

CRIMINAL PROCEDURE: Provides relative to waiver of a trial by jury in a noncapital felony case. (See Act)

Current Bill Text

Read the full stored bill text
2026 Regular Session ENROLLED
SENATE BILL NO. 81
BY SENATOR MORRIS
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Art. 780(C), relative to the right to waive
3 trial by jury; to provide for requiring written prosecutorial consent to jury trial
4 waivers in noncapital felony cases; to provide for effectiveness; and to provide for
5 related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Criminal Procedure Art. 780(C) is hereby amended and reenacted
8 to read as follows:
9 Art. 780. Right to waive trial by jury
10 * * *
11 C. With the consent of the district attorney the defendant may waive trial by
12 jury within forty-five days prior to the commencement of trial The court shall deny
13 a defendant's motion to waive a jury trial unless the prosecuting authority
14 provides written consent to the waiver.
15 * * *
16 Section 2. This Act shall take effect and become operative if and when the proposed
17 amendment to Article I, Section 17(A) of the Constitution of Louisiana contained in the Act
18 which originated as Senate Bill No. 97 of the 2026 Regular Session of the Legislature is
19 finally adopted at a statewide election and becomes effective.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.