CA SB 1173
vetoedJury instructions: lesser related offenses.
California · 2025-2026 Regular Session · upper
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Quick answers
Did CA SB 1173 pass?
No. CA SB 1173 passed the legislature but was vetoed. Latest recorded action (2026-09-27): In Senate. Consideration of Governor's veto pending.
What is CA SB 1173 about?
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.
Who sponsors CA SB 1173?
Caballero is the primary sponsor of CA SB 1173, joined by 3 cosponsors.
Description
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.
- Introduced
- 2026-02-18
- Latest action
- 2026-09-27 — In Senate. Consideration of Governor's veto pending.
- Bill type
- bill
- Last updated
- —
Subjects
Sponsors
- Caballeroauthor
- Schultzcoauthor
- Cortesecoauthor
- Bontacoauthor
Committees
Not provided by source.
Action timeline
Newest first
2026-09-27
In Senate. Consideration of Governor's veto pending.
2026-09-27
Vetoed by the Governor.
executive-veto
2026-09-03
Enrolled and presented to the Governor at 3 p.m.
executive-receipt
2026-08-27
Assembly amendments concurred in. (Ayes 27. Noes 10.) Ordered to engrossing and enrolling.
2026-08-26
Read third time. Passed. Ordered to the Senate.
2026-08-26
In Senate. Concurrence in Assembly amendments pending.
2026-08-26
Read third time. Passed. (Ayes 44. Noes 19. Page 6612.) Ordered to the Senate.
passage,reading-1,reading-3
2026-08-20
Read third time and amended.
2026-08-20
Ordered to third reading.
2026-08-17
Read second time. Ordered to third reading.
2026-08-13
Assembly Rule 63 suspended.
2026-08-13
From committee: Do pass as amended. (Ayes 11. Noes 4.) (August 13).
2026-08-13
Read second time and amended. Ordered to second reading.
2026-08-05
August 5 set for first hearing. Placed on suspense file.
2026-06-25
Read second time. Ordered to third reading.
reading-1,reading-2,reading-3
2026-06-25
Re-referred to Com. on APPR. pursuant to Assembly Rule 97.
referral-committee
2026-06-24
From committee: Do pass. (Ayes 6. Noes 2.) (June 23).
committee-passage,committee-passage-favorable
2026-06-24
Coauthors revised.
2026-06-04
Referred to Com. on PUB. S.
referral-committee
2026-05-27
In Assembly. Read first time. Held at Desk.
reading-1
2026-05-27
Read third time. Passed. (Ayes 25. Noes 10. Page 4480.) Ordered to the Assembly.
passage,reading-1,reading-3
2026-04-15
Read second time. Ordered to third reading.
reading-1,reading-2,reading-3
2026-04-14
From committee: Do pass. (Ayes 5. Noes 1. Page 3872.) (April 14).
committee-passage,committee-passage-favorable
2026-04-09
Set for hearing April 14.
2026-04-08
Re-referred to Com. on PUB. S.
referral-committee
2026-03-23
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
amendment-passage,committee-passage,reading-1,reading-2,referral-committee
2026-02-26
Referred to Com. on RLS.
referral-committee
2026-02-19
From printer. May be acted upon on or after March 21.
2026-02-18
Introduced. Read first time. To Com. on RLS. for assignment. To print.
introduction,reading-1,referral-committee
Versions
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Votes
Do pass
2026-04-14 · pass · 5-1
Member-level votes (6)
- Arreguín: yes
- Pérez: yes
- Caballero: yes
- Wiener: yes
- Cortese: yes
- Seyarto: no
3rd Reading
2026-05-27 · pass · 25-10
Member-level votes (40)
- Grayson: yes
- Limón: yes
- Wahab: yes
- Cortese: yes
- Blakespear: yes
- Durazo: yes
- Smallwood-Cuevas: yes
- Reyes: yes
- Cabaldon: yes
- Wiener: yes
- Padilla: yes
- Stern: yes
- Caballero: yes
- Archuleta: yes
- McGuire: yes
- Pérez: yes
- Becker: yes
- Weber Pierson: yes
- Richardson: yes
- Arreguín: yes
- Ashby: yes
- Laird: yes
- Menjivar: yes
- Rubio: yes
- Allen: yes
- Ochoa Bogh: no
- Niello: no
- Valladares: no
- Strickland: no
- Choi: no
- McNerney: no
- Alvarado-Gil: no
- Grove: no
- Seyarto: no
- Jones: no
- Umberg: other
- Hurtado: other
- Gonzalez: other
- Dahle: other
- Cervantes: other
Do pass.
2026-06-23 · pass · 6-2
Member-level votes (9)
- Sharp-Collins: yes
- Mark González: yes
- Ramos: yes
- Harabedian: yes
- Haney: yes
- Schultz: yes
- Lackey: no
- Alanis: no
- Nguyen: other
Related bills
No related bills recorded for this bill.
Official source
Attribution
Data from openstates_api_sync, retrieved 2026-09-28T10:57:27.315334Z
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