Jury instructions: lesser related offenses.

Plain English Breakdown

The bill summary and digest do not provide specific details on the technical changes made to bribery laws, only that they are nonsubstantive.

Jury Instructions for Lesser Related Offenses

The bill requires courts to instruct juries on lesser related offenses if requested by the defendant and certain conditions are met.

What This Bill Does

• Requires a court to give jury instructions about a lesser offense that is closely related to the main charge if asked for by the defendant.
• The court must do this only if the defense theory matches the lesser offense, evidence supports both offenses, and there's enough proof for the jury to find the lesser offense.
• Allows judges to decide on a lesser offense if no jury is present.

Who It Names or Affects

• Defendants in criminal cases who request instructions on a lesser offense.
• Courts and judges when deciding on jury instructions or verdicts.

Terms To Know

Necessarily included offense

An offense that must be committed if the main charge is true, based on the facts presented.

Finder of fact

A person or group (like a jury) who decides what happened in a case.

Limits and Unknowns

• The bill does not specify when it will take effect.
• It only applies to cases where the defendant asks for instructions on a lesser offense and meets certain conditions.
• Technical changes to bribery laws do not alter their substance or meaning.

Official Summary Text

SB 1173, as amended, Caballero.
Crimes: bribery.
Jury instructions: lesser related offenses.
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.
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 state the intent of the Legislature that the bill restores rights previously found by the California Supreme Court in People v. Geiger (1984) 35 Cal.3d 510.
Existing law makes it a felony for specified individuals authorized by law to determine a question or controversy to ask, receive, or agree to receive any bribe upon the agreement or understanding that their vote, opinion, or decision upon a matter will be influenced by the bribe.
This bill would make technical, nonsubstantive changes to these provisions.

Current Bill Text

Download Bill PDF