The following CALCRIM instructions were addressed by the judicial council effective February 19, 2015:
|New 3412, 3413
||Compassionate Use and Cooperative Collective/Marijuana
|402, 403, 3426
||Natural and Probable Consequences Doctrine Series, Voluntary Intoxication: Effects on Homicide Cases
||Attempt Other Than Attempted Murder, Criminal Threat
||First Degree Murder, Attempted Murder
||Felony Murder: First Degree—Cooparticipant Allegedly Committed Fatal Act
||Voluntary Manslaughter: Imperfect Self-Defense or Imperfect Defense of Another—Lesser Included Offense, Hallucination: Effect on Premeditation
||Gross Vehicular Manslaughter
||Inflicting Injury on Spouse, Cohabitant, or Fellow Parent Resulting in Traumatic Condition
|1005, 1021, 1036, 1051
||Sex Crime by Fraud Series
||Engaging in Oral Copulation or Sexual Penetration With Child 10 Years of Age or Younger
||Showing or Sending Harmful Material to Seduce a Minor
||Kidnapping: For Ransom, Reward, or Extortion
|2350, 2351, 2352, 2360, 2361, 2362, 2363, 2370, 2375, 2376, 2377
||Illegal Possession, etc., of Weapon
||Resisting an Executive Officer in Performance of Duty
||Great Bodily Injury Enhancement
|Lesser Included Offense Instructions
The specific revisions, deletions and new instructions appear in this judicial council report: http://www.courts.ca.gov/documents/rupro-20150126-materials.pdf.
Here are summaries of the most significant changes:
New False Personation instruction (CC 2024)
Drafted to fill an “apparent need.”
First Degree Murder; Attempted Murder: Premeditation and Deliberation (CC. 521 and 601)
Definitions of premeditation in both of these instructions revised to “make them more consistent.” Also added People v. Pearson (2013) 56 Cal.4th 393, 443–444, regarding the requirement that premeditation must been formed before the defendant acted.
Series of sex crimes by fraud (CALCRIM Nos. 1005, 1021, 1036, 1051)
Per People v. Morales (2013) 212 Cal.App.4th 583—revised sections 261, 286, 288a, and 289 of the Penal Code expanded the potential victims to this crime. It now includes anyone deceived into believing that the person committing the act “is someone known to the victim other than the accused.” Previously, the perpetrator had to have been impersonating the victim’s spouse.
Showing or Sending Harmful Material to Seduce a Minor (CC 1140)
The state Legislature completely redrafted and amended Penal Code section 288.2. CC 1140 was thoroughly revised to “conform to the changes.”
Compassionate Use and cooperative collective marijuana instructions (CALCRIM Nos. 3412 and 3413)
Marijuana defense instruction for cooperative collectives created.
The language for the compassionate use defense was previously embedded in the relevant marijuana instructions. Because that wording is lengthy and the committee decided to create two stand- alone marijuana defense instructions instead of adding significant bulk to each relevant instruction in the marijuana series.