What Parts of Murder Laws Did SB 1437 change?

SB 1437 modifies some conditions under which someone can be found guilty of murder. The new law may apply to cases still pending on appeal and existing and future cases in the trial courts. The statute also gives those who have previously received convictions a means to ask a court to vacate their murder convictions.

 

What is SB 1437?

SB 1437 changes the law by restricting the grounds for finding someone guilty of murder. Even with the amendment, certain people can still be guilty of murder even if they don’t kill. Before this alteration, the law said that if someone died while a felony was committed, it constituted murder. And everyone involved would be charged with first-degree murder. You could still be charged with murder even if you did not kill somebody and had no intention.

A first-degree murder charge is only now admissible under SB 1437 in certain situations. The first circumstance is when you were the one who murdered the victim and had the desire to do so. The second circumstance is if you supported or assisted someone else in killing someone.

Criminal convictions for “felony murder” and “natural and predictable consequences” are restricted under the amendment. It is no longer possible to assume that someone who participated in a crime behaved with “malice” even when they did not commit murder. The court will also consider if you were present when the murder occurred and whether you had any physical means of stopping it or knew what would happen beforehand.

The changes enable a convicted individual to avoid felony murder charges, which entail a potential 25–life sentence in prison. Instead, such a defendant may seek a lesser punishment since other murder accusations only carry a potential sentencing range of 15 years to life.

How Does This Help Those Convicted Before SB 1437?

The amendment enables anyone found guilty by a court under earlier legislation to file a California SB 1437 petition for new sentencing under the amended law. Lastly, you could have years removed from your original sentence by filing a petition under the new amendment.