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1. A defendant may waive indictment and consent to be prosecuted by superior court information when: (a) a local criminal court has held the defendant for the action of a grand jury; and (b) the defendant is not charged with a class A felony punishable by death or life imprisonment; and (c) the district attorney consents to the waiver. 2. A defendant may waive indictment pursuant to subdivision one in either: (a) the local criminal court in which the order was issued holding the defendant for action of a grand jury, at the time such order is issued; or (b) the appropriate superior court, at any time prior to the filing of an indictment by the grand jury.