CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2435Introduced by Assembly Member LeeFebruary 17, 2022 An act to amend Section 1159 of the Penal Code, relating to criminal cases. LEGISLATIVE COUNSEL'S DIGESTAB 2435, as introduced, Lee. 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 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 to restore rights found by the California Supreme Court in People v. Geiger (1984) 35 Cal.3d 510.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1159 of the Penal Code is amended to read:1159. The (a) A jury, or the a judge if a jury trial is waived, may find the a defendant guilty of any an offense, the commission of which is necessarily included in that with which he the defendant is charged, or of an attempt to commit the offense.(b) A jury, or a judge if a jury trial is waived, upon request of a defendant, may find the defendant guilty of a lesser offense, the commission of which is closely related to the offense with which the defendant is charged, if all of the following conditions are met: (1) The defendant relies on a theory of defense that is consistent with a conviction for the lesser offense.(2) The evidence of the lesser offense is relevant to and admitted for the purpose of establishing whether the defendant is guilty of the charged offense.(3) A basis exists, other than an unexplainable rejection of prosecution evidence, on which the jury could find the offense to be less than that charged.(c) It is the intent of the Legislature in enacting subdivision (b) to restore the right of a defendant to receive jury instructions on lesser related offenses as originally guaranteed by the California Supreme Court in People v. Geiger (1984) 35 Cal.3d 510.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2435Introduced by Assembly Member LeeFebruary 17, 2022 An act to amend Section 1159 of the Penal Code, relating to criminal cases. LEGISLATIVE COUNSEL'S DIGESTAB 2435, as introduced, Lee. 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 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 to restore rights found by the California Supreme Court in People v. Geiger (1984) 35 Cal.3d 510.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2435
Introduced by Assembly Member LeeFebruary 17, 2022
Introduced by Assembly Member Lee
February 17, 2022
An act to amend Section 1159 of the Penal Code, relating to criminal cases.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2435, as introduced, Lee. 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 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 to restore rights found by the California Supreme Court in People v. Geiger (1984) 35 Cal.3d 510.
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 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 to restore rights found by the California Supreme Court in People v. Geiger (1984) 35 Cal.3d 510.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1159 of the Penal Code is amended to read:1159. The (a) A jury, or the a judge if a jury trial is waived, may find the a defendant guilty of any an offense, the commission of which is necessarily included in that with which he the defendant is charged, or of an attempt to commit the offense.(b) A jury, or a judge if a jury trial is waived, upon request of a defendant, may find the defendant guilty of a lesser offense, the commission of which is closely related to the offense with which the defendant is charged, if all of the following conditions are met: (1) The defendant relies on a theory of defense that is consistent with a conviction for the lesser offense.(2) The evidence of the lesser offense is relevant to and admitted for the purpose of establishing whether the defendant is guilty of the charged offense.(3) A basis exists, other than an unexplainable rejection of prosecution evidence, on which the jury could find the offense to be less than that charged.(c) It is the intent of the Legislature in enacting subdivision (b) to restore the right of a defendant to receive jury instructions on lesser related offenses as originally guaranteed by the California Supreme Court in People v. Geiger (1984) 35 Cal.3d 510.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1159 of the Penal Code is amended to read:1159. The (a) A jury, or the a judge if a jury trial is waived, may find the a defendant guilty of any an offense, the commission of which is necessarily included in that with which he the defendant is charged, or of an attempt to commit the offense.(b) A jury, or a judge if a jury trial is waived, upon request of a defendant, may find the defendant guilty of a lesser offense, the commission of which is closely related to the offense with which the defendant is charged, if all of the following conditions are met: (1) The defendant relies on a theory of defense that is consistent with a conviction for the lesser offense.(2) The evidence of the lesser offense is relevant to and admitted for the purpose of establishing whether the defendant is guilty of the charged offense.(3) A basis exists, other than an unexplainable rejection of prosecution evidence, on which the jury could find the offense to be less than that charged.(c) It is the intent of the Legislature in enacting subdivision (b) to restore the right of a defendant to receive jury instructions on lesser related offenses as originally guaranteed by the California Supreme Court in People v. Geiger (1984) 35 Cal.3d 510.
SECTION 1. Section 1159 of the Penal Code is amended to read:
### SECTION 1.
1159. The (a) A jury, or the a judge if a jury trial is waived, may find the a defendant guilty of any an offense, the commission of which is necessarily included in that with which he the defendant is charged, or of an attempt to commit the offense.(b) A jury, or a judge if a jury trial is waived, upon request of a defendant, may find the defendant guilty of a lesser offense, the commission of which is closely related to the offense with which the defendant is charged, if all of the following conditions are met: (1) The defendant relies on a theory of defense that is consistent with a conviction for the lesser offense.(2) The evidence of the lesser offense is relevant to and admitted for the purpose of establishing whether the defendant is guilty of the charged offense.(3) A basis exists, other than an unexplainable rejection of prosecution evidence, on which the jury could find the offense to be less than that charged.(c) It is the intent of the Legislature in enacting subdivision (b) to restore the right of a defendant to receive jury instructions on lesser related offenses as originally guaranteed by the California Supreme Court in People v. Geiger (1984) 35 Cal.3d 510.
1159. The (a) A jury, or the a judge if a jury trial is waived, may find the a defendant guilty of any an offense, the commission of which is necessarily included in that with which he the defendant is charged, or of an attempt to commit the offense.(b) A jury, or a judge if a jury trial is waived, upon request of a defendant, may find the defendant guilty of a lesser offense, the commission of which is closely related to the offense with which the defendant is charged, if all of the following conditions are met: (1) The defendant relies on a theory of defense that is consistent with a conviction for the lesser offense.(2) The evidence of the lesser offense is relevant to and admitted for the purpose of establishing whether the defendant is guilty of the charged offense.(3) A basis exists, other than an unexplainable rejection of prosecution evidence, on which the jury could find the offense to be less than that charged.(c) It is the intent of the Legislature in enacting subdivision (b) to restore the right of a defendant to receive jury instructions on lesser related offenses as originally guaranteed by the California Supreme Court in People v. Geiger (1984) 35 Cal.3d 510.
1159. The (a) A jury, or the a judge if a jury trial is waived, may find the a defendant guilty of any an offense, the commission of which is necessarily included in that with which he the defendant is charged, or of an attempt to commit the offense.(b) A jury, or a judge if a jury trial is waived, upon request of a defendant, may find the defendant guilty of a lesser offense, the commission of which is closely related to the offense with which the defendant is charged, if all of the following conditions are met: (1) The defendant relies on a theory of defense that is consistent with a conviction for the lesser offense.(2) The evidence of the lesser offense is relevant to and admitted for the purpose of establishing whether the defendant is guilty of the charged offense.(3) A basis exists, other than an unexplainable rejection of prosecution evidence, on which the jury could find the offense to be less than that charged.(c) It is the intent of the Legislature in enacting subdivision (b) to restore the right of a defendant to receive jury instructions on lesser related offenses as originally guaranteed by the California Supreme Court in People v. Geiger (1984) 35 Cal.3d 510.
1159. The (a) A jury, or the a judge if a jury trial is waived, may find the a defendant guilty of any an offense, the commission of which is necessarily included in that with which he the defendant is charged, or of an attempt to commit the offense.
(b) A jury, or a judge if a jury trial is waived, upon request of a defendant, may find the defendant guilty of a lesser offense, the commission of which is closely related to the offense with which the defendant is charged, if all of the following conditions are met: (1) The defendant relies on a theory of defense that is consistent with a conviction for the lesser offense.(2) The evidence of the lesser offense is relevant to and admitted for the purpose of establishing whether the defendant is guilty of the charged offense.(3) A basis exists, other than an unexplainable rejection of prosecution evidence, on which the jury could find the offense to be less than that charged.(c) It is the intent of the Legislature in enacting subdivision (b) to restore the right of a defendant to receive jury instructions on lesser related offenses as originally guaranteed by the California Supreme Court in People v. Geiger (1984) 35 Cal.3d 510.
(1) The defendant relies on a theory of defense that is consistent with a conviction for the lesser offense.
(2) The evidence of the lesser offense is relevant to and admitted for the purpose of establishing whether the defendant is guilty of the charged offense.
(3) A basis exists, other than an unexplainable rejection of prosecution evidence, on which the jury could find the offense to be less than that charged.
(c) It is the intent of the Legislature in enacting subdivision (b) to restore the right of a defendant to receive jury instructions on lesser related offenses as originally guaranteed by the California Supreme Court in People v. Geiger (1984) 35 Cal.3d 510.