CRIMINAL PROCEDURE: Provides relative to waiver of a trial by jury in a noncapital felony case. (See Act)
Summary
SB 81 amends Louisiana’s Code of Criminal Procedure to change how a defendant may waive the right to a jury trial in noncapital felony cases. Under the bill, a court must deny a defendant’s request to waive a jury trial unless the prosecuting authority gives written consent to the waiver. The measure replaces the prior language that allowed waiver with the district attorney’s consent and makes the consent requirement explicit and written.
The bill is also tied to a separate constitutional amendment, and it does not take effect unless the related amendment proposed in SB 97 of the 2026 Regular Session is finally adopted at a statewide election and becomes effective. As enacted, SB 81 is designated Act 455 and is intended to operate only if that constitutional change is approved.
Impact
SB 81 narrows and formalizes the process for jury-trial waivers in noncapital felony prosecutions by requiring written prosecutorial approval before a court may accept a waiver. This affects defendants, district attorneys, and trial courts by giving prosecutors a clearer gatekeeping role and by reducing the circumstances in which a case may proceed as a bench trial. It amends Article 780(C) of the Louisiana Code of Criminal Procedure and is contingent on the related constitutional amendment becoming effective.
Sentiment
The bill appears to have received majority support in both chambers, passing the Senate 27-11 and the House 56-39, indicating meaningful but not unanimous backing. The voting pattern suggests general legislative approval of the change, while the substantial minority opposition shows that the proposal was still contested. No committee transcript was provided, so the available record reflects support and opposition primarily through floor votes rather than detailed debate.
Contention
The main point of contention is the shift of control over jury-trial waivers toward the prosecution. Supporters likely view the written-consent requirement as a safeguard and a way to ensure waivers are deliberate and documented, while opponents may see it as limiting a defendant’s ability to choose a bench trial and expanding prosecutorial leverage in felony cases. The bill’s dependence on a separate constitutional amendment also makes its operation contingent, which may have been another practical concern for some legislators.
Provides for recoverable medical expenses, limitation upon jury trials and admissibility of evidence in civil actions. (8/1/25) (OR INCREASE LF EX See Note)