What Part of Murder Laws Did the New SB 1437 Change?

The California Murder Felony Rule Reform Act, commonly known as the new SB 1437, altered a specific provision of the state’s murder legislation regarding felony murder. Before the adoption of Bill 1437, the felony murder rule allowed for charges of first-degree murder to be brought against anyone who took part in a felony crime that resulted in a death, regardless of their level of involvement or murderous intent.

The revised section 189, subdivision (e) provides that a defendant can only be found guilty of first-degree felony murder if they were either the actual killer, assisted the killer with the intent to kill in carrying out the murder, or participated in the underlying felony with reckless disregard for human life, as defined in Penal Code section 190.2, subdivision 3. (d)—however, Pen. Code 189 (e) stated that where the defendant knew or should have known that the victim was a peace officer acting during their responsibilities, subdivision (e) is not applicable.

Hence, an aider and abettor who was not the murderer can only be held accountable for first-degree felony murder if they had the purpose to kill, were key participants, and acted carelessly regarding human life.

The law also allows for resentencing for those previously convicted of felony murder but would not have been found guilty under the new statute. This makes it possible for the murder laws of California to be applied fairly and reasonably.

Also, SB 1437 largely abolished the natural and probable consequences theory of culpability for murder by requiring malice for murder liability and barring malice from being attributed to a person based only on their participation in a crime.

Petition Process Under the New SB 1437

The Criminal Code Section 1170.95, which was enacted by SB 1437, allows a defendant who has been found guilty of felony murder or murder under the principle of natural and probable consequences to petition the court to have their conviction overturned and have their sentence resentenced.

This new statutory remedy provides that a defendant that could not be found guilty of first- or second-degree murder may submit a petition to the trial court asking the court to overturn their conviction for first- or second-degree murder.

Lastly, the defendant is eligible to have their murder conviction overturned if a court or jury previously found that the defendant did not behave with reckless disregard for human life or was not a key participant in the crime.