Bill Text: TX HB685 | 2017-2018 | 85th Legislature | Introduced

Texas House Bill 685 (Prior Session Legislation)

Introduced

Bill Title: Relating to a defendant's waiver of a jury trial following a plea of guilty or nolo contendere for a felony offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-27 - Referred to Criminal Jurisprudence [HB685 Detail]

Download: Texas-2017-HB685-Introduced.html

	85R4328 LHC-D

	By: Wu	H.B. No. 685



	A BILL TO BE ENTITLED
	AN ACT
	relating to a defendant's waiver of a jury trial following a plea of
	guilty or nolo contendere for a felony offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Article 26.14, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 26.14. JURY ON PLEA OF GUILTY. Where a defendant in a
	case of felony persists in pleading guilty or in entering a plea of
	nolo contendere, if the punishment is not absolutely fixed by law, a
	jury shall be impaneled to assess the punishment and evidence may be
	heard to enable the jury [~~them~~] to decide thereupon, unless the
	defendant in writing or in person in open court waives the
	defendant's [~~in accordance with Articles 1.13 or 37.07 shall have~~
	~~waived his~~] right to trial by jury. A defendant may waive the right
	to a jury trial in the punishment phase of the trial without the
	consent of the attorney representing the state or the approval of
	the court.
	SECTION 2. The change in law made by this Act applies only
	to a plea of guilty or nolo contendere entered on or after the
	effective date of this Act, regardless of whether the offense with
	reference to which the plea is entered is committed before, on, or
	after that date.
	SECTION 3. This Act takes effect September 1, 2017.