H-0255.1  _______________________________________________

                          HOUSE BILL 1470

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives Schoesler and Mastin

Read first time 01/28/97.  Referred to Committee on Law & Justice.

Revising standards for criminal jury reduction or waiver.

    AN ACT Relating to juries in criminal trials; amending RCW 10.01.060; and adding a new section to chapter 10.46 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 10.46 RCW to read as follows:

    All superior court criminal cases shall be tried by a jury of twelve unless both the defendant and the prosecution consent to a lesser number.  Criminal cases may be tried by the court without a jury with the consent of the defendant, the prosecution, and the trial judge.

    Sec. 2.  RCW 10.01.060 and 1951 c 52 s 1 are each amended to read as follows:

    No person informed against or indicted for a crime shall be convicted thereof, unless by admitting the truth of the charge in his plea, by confession in open court, or by the verdict of a jury, accepted and recorded by the court:  PROVIDED HOWEVER, That except in capital cases, where the person informed against or indicted for a crime is represented by counsel, such person may, with the assent of the court and the prosecutor, waive trial by jury and submit to trial by the court.

                            --- END ---