SB 1173: Jury instructions: lesser related offenses.

This bill aims to amend the penal code to restore rights previously found by the California Supreme Court. The court is required to instruct the jury on a lesser offense if a defendant has relied on a theory of defense consistent with a conviction for the lesser offense. The evidence of the lesser offense must be relevant to establishing guilt of the charged offense. A basis exists for the jury to find the offense to be less than charged. The bill also allows the judge to find the defendant guilty of the lesser offense if there is no jury. The intent of the bill is to restore the rights previously found in a 1984 court case.