CALCRIM has proposed new and revised instructions to be effective March 2, 2018 — http://www.courts.ca.gov/documents/2017-11CALCRIM.pdf
Below is a brief preview of the coming revisions. After the proposed revisions are formally approved they will be discussed further in a subsequent post.
New Instructions
CALCRIM No. 377. Presence of Support Person/Dog: PC § § 868.4 and 868.5.
CALCRIM Nos. 2102, 2110, 2114, 2125, and 2126. DUI Crimes When Driving With “Passengers for Hire” and related cross-referenced instructions:
Instructions addressing the “Uber-DUI” legislation criminalizing driving with 0.04% BA while carrying a passenger for hire and resulting in bodily injury to another person. (VC § 23152(e).)
CALCRIM No. 2765. Misappropriation of Government Funds: PC § 424(a)(1-7).
CALCRIM No. 3001. Failure to Appear While on Bail: PC § 1320.5.
CALCRIM No. 3002. Failure to Appear While on Own Recognizance Release: PC § 1320.
Revised Instructions
CALCRIM No. 224. Circumstantial Evidence:
Revising Bench Note admonishing to give CC 225 and not CC 224 if “intent is the only element proved by circumstantial evidence….”
CALCRIM No. 225. Circumstantial Evidence:
Revises Bench Note admonishing to give CC 224 and not CC 224 if elements other than intent “rest substantially on circumstantial evidence….”
CALCRIM Nos. 332 and 360. Expert Witness Testimony, Statements to an Expert:
Adds reference under “Authority” to “Inadmissable Case-Specific Hearsay Not basis fo Expert testimony – People v. Sanchez (2016) 63 Cal.4th 665, 684-686; People v. Vega-Robles (2017) 9 Cal. App.5th 382, 416.
CALCRIM Nos. 359. Corpus Delicti:
Revises Bench Notes re Instructional Duty.
CALCRIM No. 840. Inflicting Injury on Spouse, Cohabitant, or Fellow Parent Resulting in Traumatic Condition:
Adds definition of “dating relationship” to instruction and reference to PC § 243(f)(10) to “Authority.”
CALCRIM Nos. 1002. Rape of Intoxicated Woman or Spouse, Sodomy of Intoxicated Person
Deletes Bench Note reference to People v. Giardino (2000) 82 Cal. App.4th 454, 472 [sua sponte duty to instruct]; adds reference to People v. Lujano (2017) 15 Cal.App.5th 187 [no sua sponte duty]. Adds references to Lujano and Giardino re: “reasonable belief in capacity to consent” under “Authority.”
CALCRIM No. 1032. Sodomy of an Intoxicated Person (PC 286(I)):
Deletes Bench Note reference to People v. Giardino (2000) 82 Cal. App.4th 454, 472 [sua sponte duty to instruct] Adds references to Lujano and Giardino re: “reasonable belief in capacity to consent” under “Authority.”
CALCRIM No. 1300. Criminal Threat:
Adds to Authority – “threatening hand gestures not verbal threats under PC § 422 – People v. Gonzalez (2017) 2 Cal.5th. 1128, 1147.
CALCRIM Nos.1850, 2100, 2101, 2110, 2111, 2112, 2125, 3100.
Revises Bench Notes re: Instructions With Potential Issues Regarding Bifurcated Trials.
CALCRIM No. 2521. Carrying Concealed Firearm Within Vehicle:
Adds PC §25610 [permissible to carry firearm in locked trunk or container in vehicle] to instruction and Bench Notes re “Defenses–Instructional Duty.”
