Constitutional amendment to require the prosecutor's consent for a defendant to waive his right to a trial by jury. (2/3 - CA13s1(A))

Senate Bill 97 proposes a constitutional amendment to Article I, Section 17(A) of the Louisiana Constitution that adds a requirement for prosecutorial consent before a criminal defendant may waive jury trial rights. Currently, Louisiana law permits defendants in noncapital felony cases to knowingly and intelligently waive their right to a jury trial, provided the waiver occurs no later than forty-five days before trial and is irrevocable. The proposed amendment inserts the phrase "and with the written consent of the prosecuting authority" into this constitutional provision, making prosecutorial approval a prerequisite condition for any jury trial waiver in noncapital felony cases. Capital cases remain exempt from this new requirement. The amendment takes the form of a joint resolution requiring a two-thirds majority vote in both the Louisiana House and Senate to advance to voters.

The practical effect of this amendment would shift significant procedural power from defendants to prosecutors in criminal cases. Defense attorneys and defendants currently exercising their constitutional right to waive jury trial would no longer have unilateral authority to make this choice; they would instead need written approval from the prosecuting authority. This change affects all noncapital felony defendants in Louisiana state courts who wish to proceed with bench trials before judges rather than jury trials. Prosecutors would gain veto power over this defense strategy, potentially influencing plea negotiations, trial tactics, and outcomes across Louisiana's criminal justice system. Defendants unable to obtain prosecutorial consent would be forced to proceed to jury trial against their preference.

This amendment operates within Louisiana's constitutional framework governing criminal procedure and jury trial rights. Article I, Section 17(A) establishes the foundational structure for jury trials in Louisiana criminal cases, specifying jury composition by offense type and establishing voir dire and peremptory challenge rights. The current language already carves out an exception for capital cases, which retain mandatory jury trial requirements. The proposed amendment creates an additional exception by conditioning noncapital jury waivers on prosecutorial consent, effectively creating a gate-keeping mechanism within an existing constitutional right. This represents a meaningful shift in the constitutional balance of power in criminal procedure, as it subordinates a defendant's individual choice about trial mode to prosecutorial discretion, and such a significant constitutional change requires voter approval at the April 17, 2027 statewide election as specified in the bill.