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Texas Code of Criminal Procedure - Article 1.13. Waiver Of Trial By Jury

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 1.13. Waiver Of Trial By Jury

Art. 1.13. [10A] WAIVER OF TRIAL BY JURY.  (a) The defendant 
in a criminal prosecution for any offense other than a capital 
felony case in which the State notifies the court and the defendant 
that it will seek the death penalty shall have the right, upon 
entering a plea, to waive the right of trial by jury, conditioned, 
however, that such waiver must be made in person by the defendant in 
writing in open court with the consent and approval of the court, 
and the attorney representing the State.  The consent and approval 
by the court shall be entered of record on the minutes of the court, 
and the consent and approval of the attorney representing the State 
shall be in writing, signed by him, and filed in the papers of the 
cause before the defendant enters his plea.
	(b)  In a capital felony case in which the attorney 
representing the State notifies the court and the defendant that it 
will not seek the death penalty, the defendant may waive the right 
to trial by jury but only if the attorney representing the State, in 
writing and in open court, consents to the waiver.
	(c)  A defendant may agree to waive a jury trial regardless 
of whether the defendant is represented by an attorney at the time 
of making the waiver, but before a defendant charged with a felony 
who has no attorney can agree to waive the jury, the court must 
appoint an attorney to represent him.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.  
Amended by Acts 1991, 72nd Leg., ch. 652, Sec. 1, eff. Sept. 1, 
1991;  Acts 1997, 75th Leg., ch. 285, Sec. 1, eff. Sept. 1, 1997.

Last modified: August 11, 2007