Jury instructions: lesser related offenses.

Plain English Breakdown

The official source does not provide specific details on when the bill will take effect.

Jury Instructions for Related Offenses

The bill requires courts to instruct juries on related lesser offenses if requested by the defendant and certain conditions are met, and it makes technical changes to bribery laws.

What This Bill Does

• Requires a court to give jury instructions about a related lesser offense when asked by the defendant under specific circumstances.
• Restores rights previously recognized by the California Supreme Court in People v. Geiger (1984).
• Makes technical changes to laws about bribery for certain officials.

Who It Names or Affects

• Defendants in criminal cases who request instructions on related lesser offenses.
• Judges and juries involved in criminal trials.
• Officials authorized by law to determine questions or controversies, regarding bribery laws.

Terms To Know

Necessarily included offense

An offense that cannot be committed without also committing a more serious crime.

Finder of fact

A person or group, like a jury, who decides what facts are true in a trial.

Limits and Unknowns

• The bill does not specify when the changes will take effect.
• It only makes technical changes to existing bribery laws without changing their substance.

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