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SB 1173

Jury instructions: lesser related offenses.

2025-2026 Regular Session Introduced by Anna Caballero

SB 1173 requires courts to instruct juries on lesser related offenses when defense theory and evidence support it, and allows bench-trial convictions on the lesser offense.

Referred to Com. on PUB. S.
#juryinstructions #lesserrelatedoffenses
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Bill Summary · SB 1173

Summary of SB 1173 (2025-2026) — California

Main purpose and intent

  • SB 1173, introduced by Senator Caballero, seeks to restore and expand jury instruction rights related to lesser related offenses in criminal prosecutions. Specifically, it requires court-ordered jury instructions on a lesser offense (closely related to the charged offense) when certain conditions are met, and clarifies authority for judges to convict on the lesser offense if no jury is used.
  • The bill states its intent to restore rights that the California Supreme Court previously recognized in People v. Geiger (1984).

Key provisions and changes

1) Jury instructions on lesser related offenses (Penal Code Section 1159)
- Under existing law, juries (or judges in a bench trial) may convict of an offense necessarily included in the charged offense.
- SB 1173 adds a new subsection: A court must instruct the jury on a lesser offense, if all of the following are met:
- The defendant relies on a defense theory that is 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 on the charged offense.
- There exists a basis, other than the defense’s rejection of prosecution evidence, on which the jury could find the offense to be less than charged.
- If these conditions are satisfied, the court must provide the lesser-offense instruction upon the defendant’s request.
- The bill also allows the judge to convict on the lesser offense in the absence of a jury (i.e., in a bench trial).
- Overall purpose: explicitly authorize and require consideration of lesser related offenses in appropriate circumstances, aligning with a defense theory and evidentiary relevance.

2) Clarifying language on bribery provisions (Penal Code Section 93)
- The bill makes technical, non-substantive changes to bribery provisions related to officials who are bribed or who receive bribes, ensuring alignment with the broader statutory framework.

3) Legislative intent
- Section 1 of the bill states that these changes restore the right of a defendant to receive jury instructions on lesser related offenses as originally guaranteed by People v. Geiger.

Who and what is affected

  • Defendants in criminal cases in California, when facing a charged offense, may benefit from enhanced jury instructions on lesser related offenses if they present a defense theory compatible with conviction on a lesser offense and meet the evidentiary criteria.
  • Trial courts (jurors or judges in bench trials) would be obligated to deliver such instructions upon proper request and meeting the statutory conditions.
  • The changes also affect statutory text related to bribery penalties, ensuring consistency with the rest of Penal Code provisions.

Procedural and timeline aspects

  • Status: In the 2025-2026 Legislature, SB 1173 has progressed through amendments and committee reviews, with actions including re-refer to committees, amendments, and passage in the Senate (as of the latest actions posted). The bill text shows modifications to Penal Code sections 1159 and 93.
  • Key dates reflected in the record:
    • Introduced: February 18, 2026
    • Various committee actions in 2026 (RLS, Public Safety, Judiciary processes)
    • Final Senate passage noted with read third time and transmission to the Assembly (dates in spring 2026)
  • Fiscal impact: The legislative digest indicates no anticipated appropriations or fiscal committee concerns.

Practical impact and considerations

  • For defendants: Potentially more opportunities to obtain a conviction on a lesser offense that aligns with a supported defense theory, which could affect sentencing ranges and outcomes.
  • For prosecutors and courts: Additional jury instruction requirements when the statutory conditions are met, plus potential changes to trial strategy and evidentiary handling.
  • For practitioners: Important to assess whether the lesser related offense evidence is relevant and admissible for establishing guilt on the charged offense and whether the defense theory supports such a conviction.

Overall, SB 1173 moves to proactively restore and clarify the availability of lesser related-offense jury instructions, reinforcing defendants’ rights to present and rely on certain defense theories in relation to closely related offenses.

Compiled from official sources — confirm details with the bill’s official record.

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