5 Facts About the New SB 1437 You Should Know

SB 1437 restricts the use of the felony murder rule and permits some people convicted under the previous law to receive a new sentence. The new SB 1437 states that a participant in a felony that ends in death is only guilty of murder if they are a direct, actual killer, assisted the killer in the killing with the purpose of killing or was a substantial player in the offense and acted carelessly toward human life. Below are the five significant facts about the new SB 1437.

1.    The New SB 1437 limits accomplice liability

The felony murder rule states that anyone who commits a crime that kills someone can be found guilty of murder even though they had no intention of doing so. SB 1437 restricts the applicability of the felony murder rule by requiring that a defendant acted with “reckless indifference to human life” to be found guilty of murder.

2.    It is Retroactive

SB 1437 permits resentencing if a person convicted of felony murder under the previous legislation did not behave with reckless disregard for human life. This suggests that some people formerly found guilty of murder following the felony murder rule may now qualify for lower terms.

3.    It has certain limitations

First-degree murder is exempt from the statute, and there are restrictions on who may request a resentencing. Only defendants who were not the murderer, did not disregard human life recklessly, and did not have the intent to kill are eligible for a new sentence hearing.

4.    The New SB 1437 has faced criticism

The opponents of the new law contend that it could increase crime and is overly forgiving of offenders who committed significant crimes. According to them, it is an essential reform that corrects the unfairness of the earlier legislation.

5.    It has led to resentencing

Some people previously convicted of felony murder have received new sentences since the new law took effect. Some people facing life sentences got their sentences reduced to as little as 25 years.

The final tenet of the new rule is that a person should receive just punishment for their deeds following the degree of individual guilt, which is a fundamental tenet of equity and the law. And the seriousness of the offense should be reflected in the punishment.