Skip to main content
Independent and nonpartisan. SaveYourState is a civic information resource. It is not a government website and is not affiliated with any government agency, party, or campaign.

California · 2025–26 Regular Session · Senate Bill

SB 1173: Jury instructions: lesser related offenses.

Vetoed Official data

  1. Introduced
  2. In committee
  3. Passed one chamber
  4. Passed both chambers
  5. Enacted
  6. Vetoed

Last official action: ·Record last updated:

Plain-language summary

SB 1173 is a senate bill introduced in the California Senate on February 18, 2026. According to its official title, it concerns: Jury instructions: lesser related offenses. Primary sponsor: Anna Caballero (D). It lists 3 additional sponsors. Most recent recorded action (September 27, 2026): In Senate. Consideration of Governor's veto pending.

Generated automatically from the official title, sponsor list, and status record only. It does not characterize the bill’s purpose or effects. How summaries are written

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 4

NameRolePartyChamberDistrict
Anna CaballeroPrimary sponsorDemocraticSenate14
Mia BontaCo-sponsorDemocraticAssembly18
Dave CorteseCo-sponsorDemocraticSenate15
Nick SchultzCo-sponsorDemocraticAssembly44

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

  1. In Senate. Consideration of Governor's veto pending.
  2. In Senate. Consideration of Governor's veto pending.
  3. Vetoed by the Governor.
  4. Vetoed by the Governor.
  5. Enrolled and presented to the Governor at 3 p.m.
  6. Enrolled and presented to the Governor at 3 p.m.
  7. Assembly amendments concurred in. (Ayes 28. Noes 10. Page 5943.) Ordered to engrossing and enrolling.
  8. Assembly amendments concurred in. (Ayes 27. Noes 10.) Ordered to engrossing and enrolling.
  9. In Senate. Concurrence in Assembly amendments pending.
  10. In Senate. Concurrence in Assembly amendments pending.
  11. Read third time. Passed. (Ayes 44. Noes 19. Page 6612.) Ordered to the Senate.
  12. Read third time. Passed. (Ayes 44. Noes 19. Page 6612.) Ordered to the Senate.

Sources

  1. California Legislative Information — pubinfo database export
  2. Official bill page