New SB 1437 (Senate Bill 1437) passed in 2019 help permit those guilty of specific murder counts to receive a reduced sentence. On August 8, 2022, the California Supreme Court ruled in People v. Christopher Strong that certain special circumstance findings in murder cases do not necessarily bar defendants from SB 1437 resentencing relief.
SB 1437 may allow you to receive a reduced sentence If initially convicted of felony murder, exceptional circumstances felony murder, manslaughter, or attempted murder. You might be eligible if you took a plea bargain or were found guilty by a jury.
The law will be applied retrospectively to all cases. It includes those that have already been sentenced if any of the following exist:
- Where the defendant did not “act with reckless indifference to human life” or
- where the defendant was not a significant player in the murder.
The defendant must have been convicted specifically on the natural and likely consequence doctrine or the accomplice liability theory for felony murder.
Initially, those guilty of “special circumstance” felony murder had their petitions denied. It may also be postponed due to the unique circumstances of their cases. The California Supreme Court rule in the Strong case that unusual circumstances do not automatically prevent defendants from requesting SB 1437 relief to overturn a conviction and have their sentence resentenced to receive a lighter sentence.
Factors for Determining Eligibility for Resentencing Under the New SB 1437
The court will consider whether the defendant was a significant factor in the homicide or if they behaved recklessly about human life as defined by California Penal Code 190.2 when considering whether an individual is qualified for resentencing under the new SB 1437. (d).
The following are just a few of the considerations by the court:
- Role in organizing the crime that resulted in the deaths
- knowledge of, involvement in, or access to lethal weapons
- Understanding the risks posed by the crime’s nature
- Relationships or actions of other participants
- Being present in person at the crime site
- Possibility to stop or restrain co-defendants
- Assistance given to the victims
- measures are taken to reduce the likelihood of violence during the felony
- The length of the crime
Rounding Up
You may now be qualified for a remedy under SB 1437 even if the court judged you to be a major participant who acted carelessly toward human life.