SB-1437: SCOPE OF FELONY MURDER, FOCUSED INTENT, AND RESENTENCING

Currently, first-degree felony murder in California carries some of the worst punishments, including 25 years to life, life, in prison without the possibility of parole, and the California death penalty.  Second-degree felony murder is punishable by imprisonment in state prison for fifteen years to life. 

Prior to 2018, the scope of felony murder was much wider. In California, both individuals who committed the murderer and those who participated in the crime were eligible for conviction.  In other words, if an individual did not commit the act of killing someone but was involved in the crime itself, the individual could still be considered for the same murder punishments that the actual killer would receive.  For instance, if a murder were committed in the performance of specified felonies such as arson, rape, or carjacking, the crime would qualify as first degree murder.

In 2018, Senate Bill 1437 was introduced and took effect the following January.  This Senate Bill narrowed the scope of convictions for felony murder, refocused the intent of felony murder and opened up a path for resentencing.  SB-1437 narrowed the scope by removing the possibility of a felony murder conviction for an individual who was simply present during the felony that then resulted in a death by murder.

In other words, individuals who were involved in the crime but did not play a significant part in the death of the victim could not be convicted of felony murder.  Specifically, a participant cannot be liable for murder unless they meet one of the following criteria:

1. Individual is the actual killer

2. Individual was not the actual killer aided the killer with the intent to kill

3. Individual played a significant role in the underlying felony with “reckless indifference to human life”

SB-1437 also clarified the focus of murder liability.  Previously, an individual could be held liable if the victim of felony murder, even if the death wasn’t intended by the individual using the “natural and probable consequences” rule.  SB-1437 removed the rule, ensuring that a person’s actions and intent is cause for murder liability and not indirect, unintended consequences. 

Further, the bill can provide a path for resentencing those who were convicted under the previous felony murder guidelines.  This would retroactively rectify the convictions that would not have been dealt out under the new guidelines.  Those who were previously convicted are now able to petition for a resentence, though they must meet and exhibit the following requirements:

1. The convicted individual was convicted on the basis of the outdated felony murder guidelines

2. The convicted individual would not be convicted on the basis of the new/reformed felony murder guidelines.

The Justice Firm specializes in resentencing, including cases dealing with felony murder resentencing, as discussed above.  If you or a loved one is facing criminal charges in California and you are concerned, contact our office today to schedule a confidential consultation and discuss your legal options, locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

Sources:

https:/calmatters.digitaldemocracy.org/bills/ca_201720180sb1437

https:/www.egattorneys.com/changes-to-felony-murder-rule