(a) In a trial for an offense that is punishable by death, the defendant, with the advice of the defendant's attorney and the consent of the court and district attorney general, may waive the right to a jury to determine guilt, in which case the trial judge shall determine guilt; provided, that such waiver will not affect the defendant's right to a jury to determine punishment, if the defendant is found guilty of the offense.(b) After a verdict of guilty is found for an offense that is punishable by death, the defendant, with the advice of the defendant's attorney and the consent of the court and the district attorney general, may waive the right to have a jury determine punishment, in which case the trial judge shall determine punishment as provided by this part.(c) Reference to a jury in § 39-13-204 shall apply to a judge if the jury is waived.Amended by 2024 Tenn. Acts, ch. 951,s 20, eff. 7/1/2024.Amended by 2024 Tenn. Acts, ch. 951,s 19, eff. 7/1/2024.Amended by 2022 Tenn. Acts, ch. 1062, s 11, eff. on the thirtieth day following the occurrence of either : (1) The issuance of the judgment in a decision of the United States supreme court overruling, in whole or in relevant s, ch. 1062, s 11, eff. on the thirtieth day following the occurrence of either : (1) The issuance of the judgment in a decision of the United States supreme court overruling, in whole or in relevant part, Kennedy v. Louisiana, 554 U.S. 407 (2008); or (2) The ratification of an amendment to the Constitution of the United States approving the use of the death penalty as punishment for the conviction of an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim.Acts 1989, ch. 591, § 1; T.C.A., § 39-13-204; Acts 1990, ch. 1038, § 3.
Tennessee Legal Code