SB 974 - Dixon, Bob
Modifies the law relating to the establishment, charging, and appeals of lesser included offenses
Bill Details
Sponsor
LR Number
6188S.01I
Title
SB 974
House Handler
N/A
Journal Page
N/A
Effective Date
August 28, 2018
Current Status
Hearing Conducted S Judiciary and Civil and Criminal Jurisprudence Committee
Quick Links
Amendments
No amendments available
CURRENT BILL SUMMARY
SB 974 - Currently, a court shall not be obligated to charge the jury with respect to an included offense unless there is a basis for a verdict acquitting the person of the offense charged and convicting him of the included offense. Under this act, a court shall be obligated to charge the jury with an included offense only if it is established by proof of the same or less than all the elements required to establish the commission of the offense charged, there is a rational basis in the evidence for a verdict acquitting the person of the offense charged and convicting the person of the included offense, and either party requests the court to charge the jury with a specific included offense.
Failure of the defendant or defendant's counsel to request the court to charge the jury with respect to a specific included offense shall not be a basis for plain-error review on direct appeal or post-conviction relief. It shall be the trial court's duty to determine if a rational basis in the evidence for a verdict exists.
This act is identical to HB 1633 (2018) and HCS/HB 338 (2017).
MIKE WEAVER