Jury instructions: lesser related offenses.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Passed
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Overview
This bill changes California law to allow defendants to request jury instructions on a lesser related offense if certain conditions are met. Specifically, the court must determine the defendant relies on a defense consistent with the lesser offense, the evidence is relevant, and a jury could find the offense less serious than the one charged. The bill also aims to restore a right previously established by the California Supreme Court in People v. Geiger, and updates a section regarding bribery penalties for judicial officers.
Key provisions
- Allows defendants to request jury instructions on a lesser related offense.
- Requires the court to consider if the defendant relies on a defense consistent with the lesser offense.
- Requires the court to determine if evidence of the lesser offense is relevant and admitted.
- Authorizes the judge to find the defendant guilty of the lesser offense if there is no jury.
- Restores a right previously guaranteed by the California Supreme Court in People v. Geiger.
- Updates penalties for judicial officers who accept bribes.
Who is affected
- Criminal defendants
- Prosecutors
- Judges
- Jurors
- The judicial system
Notable changes
- Introduces a mechanism for requesting and receiving jury instructions on lesser related offenses.
- Reaffirms a previous California Supreme Court ruling regarding defendant rights.
Bill text
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