20250SB__117398AMD INTRODUCED 2026-02-18 AMENDED_SENATE 2026-03-23 REVISED 2026-06-24 SB AMD Introduced by Senator Caballero (Coauthor: Assembly Member Schultz) LEAD_AUTHOR SENATE Caballero COAUTHOR ASSEMBLY Schultz

An act to amend

Section of the Penal Code, relating to criminal procedure. criminal procedure 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. </xhtml:p><xhtml:p>This bill would make technical, nonsubstantive changes to these provisions.</xhtml:p>"?> MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Penal Code is amended to read: 1159. (

a) A jury, or a judge if a jury trial is waived, may find a defendant guilty of an offense, the commission of which is necessarily included in that with which 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 the court determines that 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. <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'93.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section of the <caml:DocName>Penal Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_C9705021-25AD-41B9-B9FC-CD2B26796980"><caml:Num>93.</caml:Num><caml:LawSectionVersion id="id_C32C08E5-DABB-4E73-9487-6251BBB78EC1"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>Every judicial officer, juror, referee, arbitrator, or umpire, and every person authorized by law to hear or determine any question or controversy, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that their vote, opinion, or decision upon any matters or question that is or may be brought before them for decision, shall be influenced thereby, is punishable by imprisonment in the state prison for two, three, or four years and, if no bribe has been actually received, by a restitution fine of not less than two thousand dollars ($2,000) or not more than ten thousand dollars ($10,000) or, if a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or two thousand dollars ($2,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or ten thousand dollars ($10,000), whichever is greater.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>In imposing a restitution fine under this section, the court shall consider the defendant’s ability to pay the fine.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>"?> REVISIONS: Heading—Line 2.