As a result of their findings, the California Legislature concluded that the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, have to be amended, and on September 30, 2018, the former California Governor Jerry Brown, signed into law SB 1437, which was codified as Penal Code §1170.95. In short, SB 1437 changes Penal Code §§188 and 189 by limiting the number of people that can be convicted of felony murder, and by effectively eliminating the role of the natural and probable consequences doctrine in murder cases.

Prior to SB 1437, a person could have been convicted of felony murder if he or she participated in or aided in the commission of a felony and a victim died during or as a result of the felony. Under the new law, in order for someone to be convicted of felony murder, he or she has to participate or attempt to participate in a felony in which a death occurs and:

• The person is the actual killer;
• The person acted with the intent to kill, by, for example, aided, abetted, induced, or assisted the actual killer in killing the victim;
• The person was a “major participant” in the felony and acted with reckless indifference to human life; or
• The victim was a police officer who was killed on the job, and the defendant “knew or reasonably should have known that the victim was a peace officer engaged in the performance of his or her duties.”

Notably, SB 1437 is retroactive, which allows defendants that have been convicted under the old rule to petition the court to have their murder convictions vacated and their sentences recalled.

SB 1437 spells out in detail the procedure for petitioning and resentencing. According to the new law, a person is eligible to have their sentence reduced if he or she meets all three conditions below:

• Defendant was prosecuted for murder under a theory of felony murder or murder under the natural and probable consequences doctrine;
• Defendant was convicted of first-degree or second-degree murder following a trial, or, accepted such charges as a plea offer; and
• Defendant could not be convicted of murder under the new felony murder law.

In order to have their sentences reconsidered, defendants have to file a petition with the court that sentenced them and serve a copy of the petition on the district attorney, and on the counsel who represented them at trial. In addition to a detailed declaration spelling out the reason for eligibility of relief under the new law, the petition has to include the case number and the year of conviction, and whether the petitioner is requesting the appointment of counsel.

After the petition is filed, the court will hold a prima facie hearing. If the court finds that the petitioner meets the basic criteria for relief, the court will issue an order to show cause. At the order to show cause hearing, the burden of proof will shift to the prosecution to prove beyond reasonable doubt, that the petitioner is guilty of murder under the revised laws, i.e. that during the commission of a crime, the person intended to kill or was a major participant and acted with reckless indifference to human life. If the prosecution is unable to meet its burden of proof, then the new law requires the court to vacate the prior conviction and any allegations and enhancements attached to it, and to resentence the defendant on the remaining charges.

Notably, during the hearing, the court is allowed to hear not only evidence previously admitted, but also new or additional evidence. Furthermore, if there was a prior determination by a judge or a jury that the petitioner did not act with reckless disregard for human life or was not a major participant in the underlying felony, then the court is required to vacate the conviction and resentence the petitioner without the need for a hearing.

While advocates of criminal justice reform in California welcomed SB 1437, the law overlooked a substantial number of inmates, who had been convicted of manslaughter or attempted murder under the old theories, and who were left ineligible to petition for resentencing under SB 1437. However, in 2021, the California legislature rectified that problem by enacting SB 775, which came into effect on January 1, 2022, and provided for people who are serving sentences for attempted murder and manslaughter under felony murder theories to petition the court for sentence reduction.

A successful resentencing petition requires a diligent and skillful representation. At the Justice Firm, we understand the value of a solid attorney-client relationship, and are ready to work with you or your loved ones to achieve the best outcome possible.

If you believe you are eligible, or want to know whether you could potentially qualify to have your murder, attempted murder, or manslaughter charges vacated, our highly skilled and reliable attorneys are here to help and to answer any questions you might have. If you or a loved one has questions about this law, or other post-conviction matters, contact our California appeals attorneys today for a case evaluation locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

The old felony murder doctrine left countless people locked up in prison, some for decades, for murders they didn’t commit. Essentially, anyone who was an accomplice was considered equally responsible in a crime and could face charges of first degree murder, even it that person had no idea that someone else would take another person’s life.

While California’s felony murder rule was described as “barbaric” in a 1983 ruling by the state’s Supreme Court, nothing was done. Over 35 years later, we finally have a new felony murder law that will hopefully prevent those who did not commit murder or have any intent to kill someone from facing the same charges and penalties as someone who actually “did the deed.”

The new felony murder law was meant to be retroactive, making it possible for those who had been found guilty under the old rule to apply for re-sentencing. In 2017 Senate Concurrent Resolution 48 was passed, recognizing the need for reform to the felony murder rule – specifically that offenders should be sentenced according to their involvement in a crime.

Although the new felony murder law went into effect January 1, many prosecutors continue to challenge it’s constitutionality; even some judges have struck down SB 1437 as unconstitutional. While some argue that the new felony murder law amends Proposition 7 and Proposition 115, the AGs Office argues otherwise and accepts SB 1437 as constitutional.

Courts across California have upheld SB 1437 as constitutional, and while some prosecutors continue to try to overturn the new law and resort to scare tactics, many are properly applying the law, making it possible for some who have served time behind bars for murders they did not commit to finally go home.

California’s new felony murder law is constitutional; hopefully this reform will be upheld by state courts.

To put it simply, SB 1437 would make it unlawful for a person to be held liable for murder if that person did not act with careless disregard or indifference to human life in regards to the deceased, and did not kill or intend to kill the victim.

According to reports, in San Diego alone there are about 150 cases that could be affected by the new law; those convicted of felony murder could ultimately find themselves free and outside of prison walls should a second chance in court prove successful. In total, up to 800 cases in California might be impacted by this new change to the state’s felony murder law. While some are praising the new law, others believe it goes too far and could put the public’s safety in jeopardy.

SB 1437 makes it possible for those in prison for felony murder to apply for re-sentencing, but it also limits the ability of prosecutors to charge those who were an accomplice in a crime resulting in homicide using the “felony murder rule.” The current law holds that a person can be held criminally liable for murder when a homicide takes place during a robbery, burglary or other felony offense, even if that person was not present when the death actually occurred. SB 1437 will change this law. Essentially, the DA’s office will have the burden of showing the accused had the intent to kill, which is a very difficult task.

What do you think about this change to California’s felony murder law? Perhaps an excerpt from the title of one news report sums it up best: “Law Bars Prosecutors from Pursuing Murder Charges Against People Who Didn’t Commit Murder.”

The current felony murder law is thought by many to be archaic, and it separates intent from action which is not really fair to the defendant. If a person did not actually commit murder or have the intent to, should they be susceptible to felony murder charges?

If you’re an inmate or the family of someone who has been convicted of felony murders although he or she had nothing to do with the homicide, consult with a skilled and qualified Los Angeles criminal defense attorney immediately.