The signing of California Senate Bill (SB) 1437 into law by Governor Gavin Newsom on September 30, 2018, marked a significant revision of the criteria for convicting individuals of felony murder. This term refers to a killing that occurs during the commission of a felony. The revision under SB 1437 has profound implications for those previously convicted under the old definition.
Under the previous version of Penal Code Sections 188 and 189, someone could be convicted of felony murder by simply being part of the commission of a felony.
For example, suppose three people rob a liquor store. One person is carrying a gun. During the robbery, the lone gunman fires shots at the store clerk, killing him. The other two people involved in the robbery, who had no weapons but participated in the crime with no intent to kill, could be charged with felony murder.
This is due to a clause in the code that allowed a felony murder to be charged if the killing was a “natural and probable consequence” of the crime being committed.
Notably, SB 1437 has removed the “natural and probable consequence” clause and set up new standards for the charge of felony murder. This retroactive change ensures fairness in the legal system, providing a sense of reassurance and hope to those who were convicted under the old definition, allowing them to petition for resentencing.
SB 1437 took effect on January 1, 2019, and was made retroactive. This means that it not only establishes new standards for proving a charge of felony murder but also empowers individuals convicted under the previous Penal Code Sections 188 and 189 to petition for a review of their convictions and sentences, affording them a chance for a fair legal review and a sense of empowerment.
Key Takeaways
- SB 1437 has significantly narrowed the circumstances under which someone can be convicted of felony murder, shifting the focus of murder liability to a person's actions and intent, rather than on unforeseeable or indirect outcomes.
- The law also allows for the resentencing of individuals previously convicted under the broader, pre-2019 felony murder rule.
- SB 1437 prevents a murder conviction against someone who "is not the actual killer, did not act with intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.
- A significant change is that people can no longer be convicted of murder just for being present during the felony that results in murder.
- Individuals who played minor roles in the underlying felony harm can no longer be included in a felony murder conviction.
- Before SB-1437, the "natural and probable consequences" doctrine allowed people to be held responsible for any death that occurred as a foreseeable result of the felony, even if the death wasn't intentional.
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In general, murder in California is the unlawful taking of a human life with malice aforethought. Malice may be express or implied.
When Can Someone Be Found Guilty of Murder?
SB 1437 says that a felony murder can be charged if someone commits, attempts, or participates in a felony, and one of the following is true:
- They kill another person.
- They aid or abet in the commission of murder in the first degree with intent to kill.
- They were a "major participant" in the felony and acted with reckless indifference to human life.
- A peace officer was killed in the performance of their duties due to that person's acts.
There is one exception to this reform. Suppose the victim was a peace officer killed in the line of duty, and the person knew or reasonably should have known the victim's status. In that case, they can still face felony murder charges, even without direct involvement in the killing.
Resentencing People Convicted under the Prior Rule
As a significant benefit for many who were previously sentenced under the old laws, SB-1437 makes the changes retroactive. This means that many individuals who were previously convicted of felony murder can petition the courts for resentencing. However, to qualify, they must show the following:
- They were convicted of murder based on the old felony murder rule.
- They could not have been convicted under the new criteria set forth by SB-1437.
Simply put, persons convicted under the pre-2019 statute can now find relief in the opportunity to appeal for resentencing as ruled by the California Supreme Court in late 2020. This ruling offers a sense of relief and hope for a fair legal process, instilling optimism in the audience.
The creation of Penal Code Section 1170.95 enables individuals convicted under the previously Penal Code to petition the trial court where the original sentencing took place to vacate their conviction and obtain resentencing. The petition can be filed regardless of whether the defendant was convicted through a jury trial or accepted a plea deal.
After the petition is filed, the prosecution has 60 days to respond, and the defendant then has 30 days to reply. The court will then schedule a hearing to determine whether the murder conviction should be vacated and the defendant resentenced. This process can take several months, depending on the court's schedule and the complexity of the case.
It's important to note that the court may also decide to uphold the original conviction and sentence. During the hearing, both the prosecution and the defense will present their arguments, and the court will make a decision based on the evidence and the law.
If the court determines that the petitioner no longer meets the criteria for a murder conviction, they can be resentenced or potentially released. However, it's important to note that the court may also decide to uphold the original conviction and sentence. Our attorneys will work tirelessly to present the strongest case for your resentencing, but the final decision rests with the court.
Do You Qualify for Murder Resentencing?
Filing for resentencing under SB-1437 can be challenging, as the burden of proof often falls on the person seeking resentencing. Courts can review records from the original conviction and consider arguments from both the prosecution and the defense.
If the court determines that the petitioner is eligible, it may vacate the murder conviction and modify the sentence accordingly. Suppose you are seeking murder resentencing under SB-1437. In that case, our California criminal defense attorneys will coordinate the process.
We will assess your case to determine whether you are eligible for resentencing under the applicable laws and guidelines. This includes reviewing your criminal history, the details of your conviction, and any recent changes in legislation.
We will assist in gathering all necessary documentation and evidence to strengthen your case, including court records, character references, and evidence of rehabilitation efforts. We will prepare a compelling petition to present to the court, clearly outlining why you qualify for resentencing and demonstrating how your circumstances have changed.
We can also defend your case against any challenges or objections raised by the prosecution, ensuring your rights and best interests are protected throughout the process.
Our experienced defense attorneys will guide you through the entire process, providing legal advice, preparing necessary documents, and representing you in court hearings. For more information, contact the Hedding Law Firm, located in Los Angeles, CA.
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