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SB 97

CRIMINAL PROCEDURE: Constitutional amendment to require the prosecutor's consent for a defendant to waive his right to a trial by jury. (2/3 - CA13s1(A))

2026 Regular Session Introduced by Jay Morris

Requires prosecutor consent for any defendant or defense-initiated waiver of the right to a jury trial.

Read by title, returned to the calendar.
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Bill Summary · SB 97

Summary of SB 97 (2026) – Louisiana

Purpose and intent

SB 97 proposes a constitutional amendment to require the prosecutor’s consent for a defendant to waive the right to a trial by jury. The bill aims to ensure that a defendant’s waiver of jury trial cannot occur without explicit approval from the prosecutor, introducing a new procedural requirement intended to safeguard against waivers that could undermine the State’s interest in pursuing a jury trial in certain cases.

Key provisions and changes

  • Constitutional amendment: The bill would amend the Louisiana Constitution to mandate prosecutor consent for a defendant to waive the right to a trial by jury.
  • Scope of waiver: The amendment would govern waivers of jury trials, ensuring that such waivers cannot be effectuated solely by the defendant or defense counsel without the prosecutor’s assent.
  • Authority and process: The amendment would establish a formalized process in which prosecutors review and must approve any defendant-initiated or defense-initiated waiver of jury trial rights.
  • Constitutional mechanics: As a proposed amendment, the change would require passage by the Legislature and, presumably, voter ratification to become operative.

Who would be affected

  • Defendants: Individuals charged with crimes who might seek to waive a jury trial would be affected, as they would need prosecutor consent to proceed with such a waiver.
  • Prosecutors: The Office of the District Attorney (or applicable prosecutorial authority) would gain a formal gatekeeping role in approving or denying jury-trial waivers.
  • Courts: Judges would be responsible for enforcing the new requirement, ensuring any jury-trial waiver complies with the amendment and that prosecutor consent is obtained.
  • Defense counsel: Attorneys representing defendants would need to obtain or consider prosecutor consent as part of advising clients on trial strategy.

Procedural and timeline considerations

  • Status updates: The bill has progressed through several readings and committee referrals, indicating ongoing legislative consideration.
    • 2026-03-24: Passed Rules with 26 yeas, 11 nays; sent to the House.
    • 2026-03-25: Read by title and referred to the Committee on Administration of Criminal Justice.
    • 2026-03-17: Reported favorably.
    • 2026-02-20: Prefiled and referred to Judiciary C provisionally.
    • 2026-05-07: Read by title, recommitted to the Committee on Civil Law and Procedure.
  • Constitutional amendment path: As a constitutional amendment, it would require:
    • Approval by two-thirds of both chambers of the Louisiana Legislature (for referral to voters) and
    • Voter ratification in a statewide election to take effect.
  • Effective date: The exact effective date would depend on the constitutional amendment's language and voter approval, typically aligning with the date of the constitutional change or a specified later date.

Potential impact and considerations

  • Legal impact: Establishes a formal requirement that could reduce un-coordinated or unilateral jury-trial waivers and aligns waiver decisions with prosecutorial oversight.
  • Strategic considerations: May affect defense strategies, plea bargaining dynamics, and trial planning, as defendants and defense counsel must secure prosecutor buy-in for waivers.
  • Policy implications: Signals a shift toward increased prosecutorial involvement in a fundamental trial-right decision, which could influence perceptions of balance between defense rights and prosecutorial discretion.

If you’d like, I can compare this proposal to current Louisiana rules on jury-trial waivers, or provide a brief outline of the typical process for constitutional amendments in Louisiana.

Compiled from official sources — confirm details with the bill’s official record.

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