What Does This Bill Means?
The governor of California, Jerry Brown, approved Senate Bill (SB) 1437 on September 30, 2018. It changed the state’s murder law by limiting who can be charged with murder and other felony murder offenses. Below is everything you need to know about SB 1437 if you or your loved one is accused of murder.
Senate Bill 1437 significantly amended Penal Code Sections 188 and 189. SB 1437 abolished the natural and probable consequences argument in murder trials. It makes it difficult for persons to be found guilty of murder and enables many prisoners who have already been found guilty of the crime to receive a reduced sentence.
A person can only be guilty of felony murder under the new felony murder rule if;
- The person commits the murder.
- The individual engaged in behavior intended to cause death, such as aiding the murderer or urging the murderer to kill the victim.
- The individual was a significant offender who showed “reckless indifference to human life.”
- The defendant “Knew or reasonably should have known that the victim was a peace officer engaged in the performance of his or her responsibilities,” and the victim was a police officer who was slain while on the job.
Impacts of SB 1437
This bill is retroactive. Hence, those convicted of murder under the previous statute may request a new sentencing hearing if the circumstances of their case do not qualify as murder under this law. Previous murder prisoners may request a second sentencing hearing under the recently passed Penal Code section 1170.95. Successful 1170.95 petitions frequently result in reduced sentences.
SB 1437, therefore, will restrict individuals imprisoned for murder to those who kill a human being (the actual offender). This change is consistent with California’s broader trend to embrace rehabilitation instead of incarceration.
Who can be Resentenced Under SB 1437?
- A person is guilty of first-degree or second-degree murder.
- A person who took a plea deal but might have been found guilty of first-degree or second-degree murder or, under the new statute, could not have been.
In conclusion, you or your appeal lawyer must first submit a petition to the court that initially condemned you, stating that you are qualified for a resentencing to succeed with your SB 1437 application.