The Judicial Council approved revisions to the following CALCRIM instructions effective August 21, 2015:
Revisions were made to the following CALCRIM instructions affected by Proposition 47, which raised threshold amounts for felony prosecution of many theft crimes and reduced other theft crimes to misdemeanors:
1700, 1750, 1801, 1802, 1850, 1900, 1957, 1970, 1971, 2304, 2377.
The committee promulgated one new instruction required by proposition 47: CC 1703. It also deleted CC 2411.
Non-Proposition 47 Revisions
The following CALCRIM instructions were revised for reasons revisions unrelated to
219, 221, 358, 521, 570, 603, 800, 1017, 1018, 1170, 1180, 1252, 1500, 1863,
2100, 2101, 2110, 2111, 2113, 2410, 2902, 2980, 3413, 3450, 3453.
Overview of Selected Instructions
New Shoplifting instruction (CC 1703)
Proposition 47 created Penal Code section 495.5, which defines a new crime, shoplifting. The committee drafted a new instruction for this crime.
Cross-References required to CC 3100 and CC 3101 on prior convictions (CALCRIM Nos. 1700, 1703, 1750, 1801, 1802, 1850, 1900, 1957, 1970, 2304, and 2377)
To implement the provisions of Proposition 47, CALCRIM added an appropriate version of the following cross-reference to the bench notes of many instructions because disqualifying prior convictions are likely to be an issue for the jury:
When the People allege the defendant has a prior conviction for an offense listed in Penal Code section 667(e)(2)(C)(iv) or for an offense requiring registration pursuant to subdivision (c) of section 290, give CALCRIM No. 3100, Prior Conviction: Nonbifurcated Trial or CALCRIM No. 3101, Prior Conviction: Bifurcated Trial.
Instruction on threshold amounts per Proposition 47 (CALCRIM Nos. 1750, 1900, 1957,1970 )
[If you find the defendant guilty of receiving stolen property, you must then decide whether the value of the property received was more than $950.]
FORECITE COMMENT: Informing the jurors that they “must decide” this or any other factual question is undeniably an erroneous statement of the jury’s duty under the law.
Proposition 47 revisions to the Burglary instruction (CALCRIM No. 1700)
The committee added new language to the Burglary instruction for use when factual overlap between burglary and the new shoplifting offense is possible.
Repeal of the instruction on possession of needles or syringes (CC 2411)
The legislature repealed Business and Professions Code section 4140 regarding illegal possession of hypodermic needles. Therefore CALCRIM No. 2411, Possession of Hypodermic Needle or Syringe, is no longer needed and the committee deleted it.
Revision of PC 192 (CC 570 and CC 603)
The Legislature added sections 192(f)(1) and (f)(2) to the statute, which state that provocation is not objectively reasonable if it resulted from discovery of, knowledge about, or potential disclosure of the victim’s gender identity and gender-related appearance and behavior. The committee revised the bench notes of the voluntary manslaughter and attempted voluntary manslaughter instructions to advise of this change.
Note: CALCRIM did does not include specific instructional language because “the court and parties are likely to need and prefer an instruction tailored to the individual circumstances of a given case.”