California § 189.5. 189.5. (Added by Stats. 1989, Ch. 897, Sec. 16.)

California Statutes

§ 189.5. — 189.5. (Added by Stats. 1989, Ch. 897, Sec. 16.)

California § 189.5.

JurisdictionCalifornia

Code PENPenal Code - PEN

Title8.

Part 1.TITLE 8. OF CRIMES AGAINST THE PERSON

Ch. 1.CHAPTER 1. Homicide

This text of California § 189.5. (189.5. (Added by Stats. 1989, Ch. 897, Sec. 16.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Penal Code - PEN Code § 189.5. (2026).

Text

(a)Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon the defendant, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.

(b)Nothing in this section shall apply to or affect any proceeding under Section 190.3 or 190.4.

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(a)
Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon the defendant, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
(b)
Nothing in this section shall apply to or affect any proceeding under Section 190.3 or 190.4.