[Effective until contingency met; see version effective when contingency met.]
(a) In trials of first degree murder, 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 first degree murder.
(b) After a verdict of first degree murder is found, 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.
