HLSENROLLED 26RS-535 REENGROSSED Regular Session HOUSE BILL NO.

310 BY REPRESENTATIVE CARLSON CRIMINAL/PROCEDURE:AN ACT To amend and reenact Code of Criminal Procedure Article 780(B), relative to trial by jury;

Provides for the reassignment of a defendant's case when the right to a jury trial has been waived AN ACT To amend and reenact Code of Criminal Procedure Article 780(B), relative to trial by jury;

The waiver shall be by written motion filed in the district court not later than forty-five days prior to the date thethecaseis caseissetfortrial. set for trial.

ThemotionThe motion shall besignedbe signed bythe defendant and shall also be signed bydefendant's counsel unless the defendant has waived his right to counsel.

Page(3) 1Within ten days of 3service CODING:of notice of the defendant filing a written motion to waive the jury, the prosecuting authority may file a written waiver of reassignment, in which case the matter shall not be reassigned.

(4) WhenadefendantwaivestrialbyjuryinaccordancewiththisArticleand the waiver results in reassignment, the filing of that waiver shall constitute an Page 1 of 2 CODING:

HLS 26RS-535 REENGROSSED HB NO.

310 (3)ENROLLED Withininterruption ten days of service of notice of the defendanttime filingperiods aprovided writtenin motionArticle to701, waiveand the jury,time theperiods prosecuting authority may file a written waiver of reassignment, in which case the matter shall notbegin beto reassigned.run anew.

(4)* WhenadefendantwaivestrialbyjuryinaccordancewiththisArticleand* the* waiverSPEAKER resultsOF inTHE reassignment,HOUSE theOF filingREPRESENTATIVES ofPRESIDENT thatOF waiverTHE shallSENATE constituteGOVERNOR anOF interruptionTHE ofSTATE theOF timeLOUISIANA periodsAPPROVED: provided in Article 701, and the time periods shall begin to run anew.

*Page *2 *of DIGEST2 ThedigestprintedbelowwaspreparedbyHouseLegislativeCODING: Services.

Itconstitutes nopart of the legislative instrument.

The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] HB 310 Reengrossed 2026 Regular Session Carlson Abstract:

Provides for the reassignment of a defendant's case when the right to a jurytrial has been waived.

Present law provides for the right of a defendant to waive a jurytrial.

Proposed law retains present law.

Proposed law requires the random reassignment of a defendant's case among all the remaining judges who are assigned criminal matters within their divisions or sections immediately following the filing of the defendant's motion pursuant to present law in a district court with three or more judges who are assigned criminal matters.

Proposed law authorizes the prosecuting authority to file a written waiver of reassignment within 10 days of being served notice of the defendant's written motion to waive the jury.

Further provides that waiver prohibits the reassignment of the case.

Proposedlawprovidesthatwhenadefendantwaivestrialbyjuryinaccordancewithpresent law (C.Cr.P.

Art.

780) and the waiver results in reassignment, the filing of that waiver constitutesaninterruptionofthetimeperiodsprovidedinpresentlaw(C.Cr.P.Art.701),and the time periods begin to run anew.

(Amends C.Cr.P.

Art.

780(B)) Summary of Amendments Adopted by House The House Floor Amendments to the engrossed bill:

1.

Clarify that the prosecuting authority may waive reassignment with 10 days of being served notice of the defendant's written motion to waive the jury, rather than within 10 days of the granting of a motion to waive trial by jury.

Page 2 of 3 CODING:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HLS 26RS-535 REENGROSSED HB NO.

310 2.

Provide that the defendant's waiver of a jury trial that results in a reassignment is an interruption for the purposes of the time periods provided in present law (C.Cr.P.

Art.

701) Page 3 of 3 CODING: