SB 97 Louisiana Senate · 2026 Regular Session

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

SB 97 is a proposed constitutional amendment to Louisiana's Constitution that would require prosecutors' written consent before a defendant can waive their right to a jury trial in non-capital criminal cases. Currently, defendants can waive jury trials without prosecutor approval (except in capital cases), but this amendment would mandate written consent from the prosecutor, which must be obtained at least 45 days before trial and would be irrevocable. It directly affects defendants facing non-capital criminal charges (those not punishable by death or requiring hard labor confinement) and prosecutors who would need to approve such waivers. The amendment, if approved by voters, would change the constitutional provision governing jury trials in criminal cases.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2026
Committee Review
May 2026
Senate Passage
Mar 2026
House Passage
Governor
Introduced Feb 20, 2026 Last action May 26, 2026
Maddy AI version diff · 1 comparison

What changed between versions

SB97 Original SB97 Engrossed · 2 edits · Mar 24, 2026
MINOR
The bill was updated from its original version to the engrossed version, primarily by adding a specific date for a future voter referendum. The core policy content regarding jury trial waivers remains unchanged, but the text now explicitly schedules the amendment to be submitted to voters for a statewide election on April 17, 2027.
Scope change
The bill's substantive scope regarding jury waiver rights remains the same; only the procedural timeline for the upcoming vote was clarified.
TIMELINE

Added a specific date, April 17, 2027, for the statewide election where the jury waiver amendment will be voted on by the public.

TECHNICAL

Removed the placeholder text indicating that the election date would be specified later, replacing it with the finalized date.

Floor votes · Senate Mar 24, 2026

How they voted

2612
Passed · 2 other
Total votes 40
Mar 24, 2026
D Democratic12
1 Yea 10 Nay 1
83% Nay
R Republican28
25 Yea 2 Nay 1
89% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
26
Key actions
4
Committee
6
Amendments
1
May 12, 2026
Introduced
Reported without Legislative Bureau amendments.
lower
May 11, 2026
Lower · Passed
Reported with amendments (5-1). Referred to the Legislative Bureau.
lower
May 7, 2026
Committee
Read by title, recommitted to the Committee on Civil Law and Procedure.
lower
May 6, 2026
Lower · Passed
Reported favorably (7-3). To be recommitted to the Committee on Civil Law and Procedure.
lower
Mar 25, 2026
Committee
Read by title, under the rules, referred to the Committee on Administration of Criminal Justice.
lower
Mar 24, 2026
Upper · Passed
Rules suspended. Read by title, passed by a vote of 26 yeas and 11 nays, and sent to the House. Motion to reconsider tabled.
upper
Mar 17, 2026
Upper · Passed
Reported favorably.
upper
Mar 9, 2026
Committee
Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary C.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jay Morris
Jay Morris
RRepublican
LA
35