What is the Major Link Between Writ and the New SB 1437?

Senate Bill 1437 ( New SB 1437) amended the law to prevent felony murder liability (murder committed while committing another felony) from being applied to someone who did not commit the actual murder, has no intention to kill, and did not play a substantial role in the primary crime who showed disregard for human life.

Cases Affected by the New SB 1437

One of the essential features of the legislation is that SB 1437 is retroactive or applies to individuals charged with felony murder under the previous statute. This implies that certain people whose charges of felony murder were brought under the earlier statute may submit a petition for a reduction in sentence. After the amendment, those convicted of felony murder under the principle of natural and expected consequences may now ask for a reduced sentence.

Who Can Be Resentenced Under the New SB 1437?

SB 1437 allows for the resentencing of the following individuals:

·   Someone charged with first-degree murder.

·       Someone charged with second-degree murder.

·       Someone who took a plea deal but who had the case gone to trial might have been found guilty of first- or second-degree murder or who, under the new statute, could not have been.

You are not eligible for a resentence if, under the law at the time, you could have been charged with murder.

Filing An SB 1437 Petition

The initial stage in this procedure is to submit a petition to the court that handed down your original sentence, stating that you are qualified for a resentencing. The court case number, the year that you were found guilty, as well as any required evidence must be included by you (or your attorney). The district attorney must get notice of the petition.

You must prove that you are qualified for a new sentence in your petition. You must provide evidence, legal reasoning, and facts to support this. You might even present fresh proof to back up your claim. Your petition might run afoul of the authorities.

The court will hold a hearing if you qualify for a new sentence. The prosecution must prove during the hearing that you shouldn’t receive a new sentence. The judge will mandate a resentencing if the prosecutor fails to comply. Alternatively, the prosecutor might concur that you qualify for a new sentence hearing.

You may now receive a different sentence under the New SB 1437 if the trial court found that you were not a significant contributor to the felony at the time of your initial sentencing.

Finally, a hearing is held if a petitioner shows he is eligible for a sentence reduction. Depending on how the hearing goes, the petitioner’s sentence may or may not be reduced.