Senate BillVetoedPenal
SB 1173: Jury instructions: lesser related offenses.
What SB 1173 does, verified September 29, 2026
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.
Bill journey
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6ChapteredPending
Last action: In Senate. Consideration of Governor's veto pending. (2026-09-27)Alert me
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions29 total · showing 5
| Sep. 27, 2026 | In Senate. Consideration of Governor's veto pending. |
| Sep. 27, 2026 | Vetoed by the Governor. |
| Sep. 03, 2026 | Enrolled and presented to the Governor at 3 p.m. |
| Aug. 27, 2026 | Assembly amendments concurred in. (Ayes 27. Noes 10.) Ordered to engrossing and enrolling. |
| Aug. 26, 2026 | Read third time. Passed. (Ayes 44. Noes 19. Page 6612.) Ordered to the Senate. |
Latest bill textEnrolled version, August 30, 2026 · 543 words
| Enrolled August 30, 2026 |
| Passed IN Senate August 27, 2026 |
| Passed IN Assembly August 26, 2026 |
| Amended IN Assembly August 20, 2026 |
| Amended IN Assembly August 13, 2026 |
| Amended IN Senate March 23, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Senate Bill
No. 1173
| Introduced by Senator Caballero (Coauthor: Senator Cortese) ( Coauthors: Assembly Members Bonta and Schultz) |
February 18, 2026 |
An act to amend Section 1159 of the Penal Code, relating to criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
SB 1173, Caballero. 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 require the defendant to provide notice to the prosecution of the intent to seek the above-described jury instruction, as specified.
The people of the State of California do enact as follows:
SECTION 1.
Section 1159 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) A defendant seeking lesser related offense instruction in a jury trial shall provide notice of intent to seek this instruction to the prosecution no later than the commencement of jury selection. If a jury is waived, notice shall be given before the presentation of evidence. These notice provisions shall be waived only with the consent of the prosecution or upon a showing of good cause.
Text of SB 1173 as enrolled, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions