HB 310: CRIMINAL/PROCEDURE: Provides for the reassignment of a defendant's case when the right to a jury trial has been waived - Louisiana

HB310 Original → HB310 Act 541 · 3 edits

MINOR

This bill adds a new rule allowing prosecutors to request that a criminal case stay with the current judge instead of being reassigned to a different one when a defendant gives up their right to a jury trial. Previously, waiving a jury trial automatically triggered a random reassignment of the case to a different judge; this change gives the District Attorney the option to file a motion within ten days to prevent that reassignment, ensuring the case remains with the original judge if the prosecutor agrees to a bench trial.

Scope change

The bill expands the scope of judicial reassignment rules by creating a specific exception for cases where a jury trial is waived, shifting from an automatic reassignment process to one that can be waived by the prosecution.

REQUIREMENT

Added a new provision allowing the prosecuting authority to file a written motion within ten days of a defendant's motion to waive a jury trial, requesting that the case not be reassigned to a different judge.

Clarified that if a defendant waives a jury trial and the prosecutor does not file a motion to waive reassignment, the filing of the waiver itself triggers the reassignment process.

TIMELINE

Established a ten-day deadline for the prosecutor to file a motion to waive reassignment after the defendant files a motion to waive the jury.

HB310 Enrolled → HB310 Original · 3 edits

MINOR

This bill updates the rules for reassigning criminal cases when a defendant gives up their right to a jury trial. It adds a new requirement that the judge must randomly reassign the case to a different judge within the same division or section to ensure fairness. It also introduces a new option for the district attorney to file a motion within ten days to waive this reassignment if they believe it is unnecessary.

Scope change

The bill expands the scope of case reassignment procedures by mandating random reassignment among remaining judges in a division or section when a jury trial is waived, and it applies these rules specifically to district courts with three or more criminal judges.

REQUIREMENT

Requires the court to randomly reassign the case among all remaining judges in the division or section immediately after a defendant waives a jury trial.

Mandates that the district court must grant any motion filed by the district attorney to waive the reassignment.

TIMELINE

Allows the district attorney to file a written motion within ten days of the jury waiver being granted to request that the case not be reassigned.

HB310 Reengrossed → HB310 Enrolled · 3 edits · May 27, 2026

MINOR

The bill was finalized and approved by the Governor, removing internal legislative notes and formatting. The core policy regarding jury trial waivers remains unchanged, but a specific procedural detail was clarified: the prosecutor now has ten days to request a case reassignment after being served notice of the defendant's waiver motion, rather than after the motion is granted.

Scope change

The bill's scope and applicability remain unchanged; it still applies to criminal cases in district courts with three or more judges where a defendant waives their right to a jury trial.

TIMELINE

Clarified that the prosecutor's ten-day window to request a case reassignment starts when they receive notice of the waiver motion, not when the motion is granted.

TECHNICAL

Removed internal legislative headers, digest summaries, and amendment notes to finalize the bill for official publication.

Changed the page count notation from 'Page 1 of 3' to 'Page 1 of 2' to reflect the final, consolidated version of the bill.

HB310 Engrossed → HB310 Reengrossed · 3 edits · May 26, 2026

MINOR

This bill was reengrossed to clarify who can request a case reassignment and to add a new rule about timing. The change shifts the authority to file a waiver from the district attorney to the broader 'prosecuting authority' and updates the trigger for this action from the court granting a motion to the prosecutor receiving notice of the defendant's motion. Additionally, a new provision was added stating that if a defendant waives a jury trial and the case is reassigned, the clock for legal deadlines resets to zero.

Scope change

The bill now applies to any 'prosecuting authority' rather than just the district attorney, and it introduces a new procedural rule regarding the reset of time limits for legal proceedings.

ELIGIBILITY

Changed the authority allowed to file a waiver of reassignment from the specific 'district attorney' to the broader term 'prosecuting authority'.

TIMELINE

Updated the trigger for filing a waiver from 'within ten days of the granting of a motion' to 'within ten days of being served notice of the defendant's written motion'.

Added a new rule stating that when a jury waiver results in a case reassignment, the statutory time periods for the case begin to run anew.

CRIMINAL/PROCEDURE: Provides for the reassignment of a defendant's case when the right to a jury trial has been waived

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