In the fall of 2018, then-Governor of California Jerry Brown signed Senate Bill 1437 (SB 1437) into law. This bipartisan revision of the state’s felony murder rule was co-written by Senators Nancy Skinner (D) and Joel Anderson (R) and seeks relief for defendants who were automatically charged with 1st degree murder if a death of any kind occurred during the commission of a felony crime; even if the defendant did not directly cause the death of the victim. 

Here’s what you need to know about SB 1437 and if you may be eligible for resentencing under it. 

SB 1437 Basics 

The new felony murder rule does away with the old doctrine of “probable and natural consequences” that qualified many unrelated deaths as first-degree homicides. It has revoked the court’s ability to convict a defendant of 1st degree murder in circumstances where the defendant had no knowledge a death occurred or where the defendant did not commit homicide. 

To be charged with felony murder in California now, the prosecution must prove that the defendant intended to and/or successfully murdered another person or was heavily involved in the homicide of the victim. However, police officers remain exempt and if they are killed during active duty, a civilian may still be charged with homicide even if they did not cause the death of the officer. 

Is the New Felony Murder Law Retroactive? 

SB 1437 is retroactive, meaning that it also applies to anyone who has been convicted of first-degree murder in circumstances that would not qualify for such a charge now. You can petition the court to reconsider your case and you may be eligible for parole or release if you have served enough time.

What Conditions Must Be Met to Be Resentenced? 

To be eligible for resentencing under the new California felony murder rule, you must meet three separate conditions: 

1. The defendant was convicted of felony murder under the doctrine of probable and natural consequences; and 
2. The defendant was convicted of second or first degree murder charges; and 
3. The defendant could not currently be convicted of the same crime under the new felony murder rules.  

Get Help Appealing Your Sentencing Under SB 1437 from an Experienced California Appellate Lawyer Now 

You may be able to be resentenced under SB 1437 if you file a petition with the help of an appellate attorney that illustrates how your case meets the eligibility criteria for resentencing. 

Contact MLR Appeals today for a consultation at 949.257.3593.