CaliforniaJury instructions: lesser related offenses.
What it does
Existing law authorizes the finder of fact in a criminal prosecution to find the defendant guilty of an offense that is necessarily included in the charged offense. Case law requires the trial court to instruct the jury that it must find the defendant guilty of a necessarily included offense if there is substantial evidence that the defendant is guilty of the necessarily included offense.
More detail
This bill would require the court, if requested by a defendant, to instruct the jury on a lesser offense, which is closely related to the offense charged, if the court finds that the defendant has relied on a theory of defense consistent with a conviction for the lesser offense, the evidence of the lesser offense is relevant to and admitted for the purpose of establishing guilt of the charged offense, and a basis exists on which the jury could find the offense to be less than charged. The bill would also authorize the judge to find the defendant guilty of the lesser offense if there is no jury. The bill would require the defendant to provide notice to the prosecution of the intent to seek the above-described jury instruction, as specified.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 27In Senate. Consideration of Governor's veto pending.Latest
- Sep 27Vetoed by the Governor Gavin Newsom.Major
- Sep 3Enrolled and presented to the Governor at 3 p.m.To Governor
- Aug 27Assembly amendments concurred in. (Ayes 28. Noes 10. Page 5943.) Ordered to engrossing and enrolling.Major
- Vote recorded Unfinished Business SB1173 Caballero et al. Concurrence. Result: pass.Upper
- Aug 26In Senate. Concurrence in Assembly amendments pending.
- Vote recorded SB 1173 Caballero Senate Third Reading By Schultz. Result: pass.Lower
- Aug 26Read third time. Passed. (Ayes 44. Noes 19. Page 6612.) Ordered to the Senate.Passed Assembly
- Aug 20Ordered to third reading.Minor
- Aug 20Read third time and amended.Major
- Aug 17Read second time. Ordered to third reading.Minor
- Aug 13Read second time and amended. Ordered to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Lower
- Aug 13From committee: Do pass as amended. (Ayes 11. Noes 4.) (August 13).Major
- Aug 13Assembly Rule 63 suspended.
- Aug 5August 5 set for first hearing. Placed on suspense file.
- Jun 25Re-referred to Com. on APPR. pursuant to Assembly Rule 97.Minor
- Jun 25Read second time. Ordered to third reading.Minor
- Jun 24From committee: Do pass. (Ayes 6. Noes 2.) (June 23).Minor
- Jun 24Coauthors revised.
- Jun 23
- Vote recorded Do pass. Result: pass.Lower
- Jun 4Referred to Com. on PUB. S.Minor
- May 27In Assembly. Read first time. Held at Desk.Minor
- Vote recorded 3rd Reading. Result: pass.Upper
- May 27Read third time. Passed. (Ayes 25. Noes 10. Page 4480.) Ordered to the Assembly.Passed Senate
- Apr 15Read second time. Ordered to third reading.Minor
- Apr 14From committee: Do pass. (Ayes 5. Noes 1. Page 3872.) (April 14).Minor
- Vote recorded Do pass. Result: pass.Upper
- Apr 9Set for hearing April 14.
- Apr 8Re-referred to Com. on PUB. S.Minor
- Mar 23From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.Major
- Feb 26Referred to Com. on RLS.Minor
- Feb 19From printer. May be acted upon on or after March 21.
- Feb 18Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced