The Judicial Council approved revisions to the following CALCRIM instructions effective September 15, 2017:
301, 358, 359, 520, 521, 627, 3450, 938, 965, 985, 1060, 1127, 1128, 1161, 2100, 2110, 2300, 2301, 2302, 2303, 2304, 2380, 2381, 2382, 2383, 2384, 2748, 2306, 3145, 3183, 3404, 3414, 3456, and 3457.
The council also approved the following two new instructions: CALCRIM Nos. 2306, 3414.
Below is an overview of some of the proposed changes.
CC 301, Single Witness’s Testimony
Optional language about accomplice testimony in CC 301 deleted in light of CC 334 and CC 335 which the CALCRIM committee deemed to be sufficient.
This change unnecessarily puts the burden on the jurors to find and apply other instructions which conflict with the one witness rule stated in CC 301. Since it will be known at the time the instructions are given whether or not the accomplice instructions (CC 334 and CC 335) will also be given, the better practice would be to specifically cross reference them in CC 301. E.g.,
“Except as provided in the accomplice corroboration instructions (CC 334 and CC 335) the testimony of a single witness ….”
CC 627 On Hallucination And Its Effect On Premeditation
Bench notes revised to delete references to sua sponte duty to give this instruction. Added reference to People v. McCarrick (2016) 6 Cal.App.5th 227, 243 which concluded that CC 627 is a pinpoint instruction to be given only on request when the evidence supports the defense theory. Also added note regarding need to modify this instruction if there is evidence of delusions as opposed to hallucinations per People v. Gana (2015) 236 Cal.App.4th 598, 605–606.
CC 3404, Accident
Deleted language from the instructional duty section of the bench notes and added instructional language regarding when to give either of the two paragraphs provided in the instruction.
New CC 2306, Possession of Controlled Substance With Intent to Commit Sexual Assault
Instruction for this new felony per Health and Safety Code, section 11377.5, — possession of “date rape” drugs.
New CC 3414, Coercion
Instructions for new provision of PC 236.23 making coercion to commit an offense as a direct result of being a human trafficking victim an affirmative defense.