How Does the new SB 1437 Affect Writs and Appeals?

Senate Bill 1437 (SB 1437) amended felony murder law to ensure that felony murder liability (murder committed while committing another felony) is not imposed on someone who was not the actual killer, did not act with the intent to kill, and was not a significant participant in the underlying felony who acted with reckless disregard for human life.

Some people guilty of felony murder may ask for a sentence reduction. Only those who kill or intend to kill can be charged with the crime according to the new felony murder law.

Cases Affected by SB 1437

The fact that SB 1437 is retroactive or applies to defendants charged with felony murder under the previous law is a crucial aspect of the legislation. This means that certain people charged under the previous statute with felony murder may file a petition to reduce their sentence.

Following the amendment, persons found guilty of felony murder based on a principle of natural and predictable consequences may request a lower sentence.

Eligibility for Resentencing under SB 1437

According to the amendment, a person qualifies for a reduced sentence if three requirements are satisfied. These are:

• The defendant was found guilty of first- or second-degree murder;
• The defendant was found guilty under the principle of natural and probable consequences;
• The defendant would not have been found guilty of murder under the new felony murder law.

Appealing a Sentence under SB 1437

According to SB 1437, a person who wants to appeal for a lower sentence must first submit a petition demonstrating his eligibility for a reduced sentence. The petitioner must then appear at the hearing for the new sentence.

Petition

A person appealing a sentence is referred to as a petitioner under SB 1437. The petitioner must submit a petition that includes the following:

• The judge who handed down the petitioner’s punishment,
• The government body that brought the petitioner’s case,
•  The lawyer who defended the petitioner.

A declaration from the petitioner demonstrating his eligibility for a sentence reduction must be included in the petition.

Finally, a hearing is held if a petitioner demonstrates that he is qualified for a sentence reduction. Whether or not the petitioner’s sentence is lowered depends on the hearing outcome.