Does section 190.3, subdivision (k) of the California Criminal Code require a jury to consider "any other circumstance which extenuates the gravity of the crime" as a mitigating factor in sentencing?

We noted in People v. Easley, supra, 34 Cal.3d 858, 196 Cal.Rptr. 309, 671 P.2d 813, that section 190.3, subdivision (k) (which is reproduced in former CALJIC No. 8.84.1) speaks only of a "circumstance which extenuates the gravity of the crime." In order to better serve constitutional concerns we imposed the prospective requirement that "trial courts--in instructing on the factor embodied in section 190.3, subdivision (k)--should inform the jury that it may consider as a mitigating factor 'any other circumstance which extenuates the gravity of the crime even though it is not a legal excuse for the crime' and any other 'aspect of [the] defendant's character or record ... that the defendant proffers as a basis for a sentence less than death.' " (34 Cal.3d 858, 878, fn. 10, 196 Cal.Rptr. 309, 671 P.2d 813.)