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

2026 Regular Session Introduced by Jay Morris

Allows a noncapital felony defendant to waive a jury trial at any time before trial with written consent from the prosecutor.

Effective date: See Act.

Bill summary: SB 81 (Louisiana, 2026 Regular Session)

Purpose and intent

Modifies the rules governing when a defendant in a noncapital felony case may waive the right to a jury trial.

Seeks to allow waivers of jury trial at any time before trial, but only with written consent from the prosecuting authority (district attorney).

Key provisions and changes

Amends Louisiana Code of Criminal Procedure Article 780(C).

Current law (before the bill) allows:

A defendant to knowingly, intelligently, irrevocably, and unilaterally waive a jury trial up to 45 days before trial.
A waiver within 45 days of trial only with the written consent of the district attorney (i.e., the prosecuting authority must consent if within 45 days of commencement of trial).

Proposed law:

Allows a defendant in a noncapital case to waive the right to a jury trial at any time prior to the commencement of trial, provided there is written consent from the prosecuting authority.
Retains the existing mechanism requiring consent if the waiver occurs within 45 days of trial (i.e., the prosecuting authority’s consent remains necessary in that window).

Overall effect: The waiver window is expanded to permit waivers at any time before trial, but still requires written consent from the prosecutor for waivers not made in advance of the 45-day threshold (and for general waivers outside the unilateral 45-day rule).

Who/what is affected

Defendants charged with noncapital felonies.

District attorneys (prosecutors) who must provide written consent for jury-trial waivers under the amended framework.

Courts handling criminal proceedings in noncapital felony cases, which will apply the updated consent requirement and timing.

Procedural and timeline aspects

Effective only if the proposed amendment to Article I, Section 17(A) of the Louisiana Constitution is adopted at a statewide election and becomes effective.

The bill amends only C.Cr.P. Art. 780(C); no other statutes are changed.

Timing feature:

Under the bill, waiver of a jury trial can occur at any point before trial, with the necessary written consent of the prosecutor.
If a waiver occurs within 45 days of trial, the prosecutorial consent requirement is explicitly maintained (consistent with current law).

Additional notes

The bill is part of an amendment package that ties its effectiveness to a constitutional amendment, requiring statewide voter adoption to take effect.

The digest and article text indicate this is a procedural change intended to formalize written prosecutorial consent for jury-trial waivers, removing or superseding some constraints on when waivers can be pursued, while preserving the consent requirement close to trial.

If you’d like, I can provide a concise pros/cons briefing or a comparison table with current law vs. proposed law for quick reference.