Major Facts to Note About the New SB 1437
SB 1437 became law in 2019 after signing by the governor, and it is a law that applies to current and future cases. The new felony murder law makes it easy to fight felony murder and allows many convicted inmates to file for re-sentencing to a lower sentence.
1. The SB 1437 limits accomplice liability
The new felony murder rule holds that a person can only be guilty of felony murder if:
- He killed a person in the commission of a felony or an attempted felony;
- He aided and abetted the killing;
- He was a major participant in it, or,
- The victim was a peace officer engaged in performing their duties.
2. It is Retroactive
A critical feature of SB 1437 is that it applies retroactively to those convicted of felony murder under the old law. Inmates currently serving a jail term for felony murder can apply for a sentence reduction under the new felony law.
3. Re-sentencing is Possible
A petition for re-sentencing is an appeal that allows convicted prisoners to argue for leniency in their sentences. The sentencing court must review the petition to see if there were any clerical errors, if the initial sentence imposed on the petitioner was unconstitutional or if the court made a judicial error.
SB 1437 further provides some conditions to ensure you are eligible for re-sentencing. These include;
- Where the defendant was convicted of felony murder under the natural and probable consequences theory;
- Where the defendant was convicted of a first or second-degree murder;
- The defendant would not have been convicted of murder under the new felony murder law.
Finally, the new law is a bedrock principle of the law and of equity that a person should face suitable punishment for their actions according to their level of individual culpability. And that punishment should equal the gravity of the crime. Getting an excellent lawyer in any SB 1437 case is also important, as this would give a better chance of achieving a favorable verdict and getting the best possible outcome.