UNDERSTANDING CALIFORNIA’S FELONY MURDER REFORMS: A GUIDE TO SB 1437 AND RESENTENCING

For decades, California’s “felony murder rule” was one of the most severe doctrines in the state’s criminal justice system. Under the old law, if someone died during the commission of certain felonies—even accidentally—everyone involved in the crime could be charged with first-degree murder. It did not matter if an accomplice never held a weapon, never intended for anyone to get hurt, or wasn’t even in the room when the death occurred.

This changed dramatically with the passage of Senate Bill 1437 (SB 1437), which took effect on January 1, 2019. SB 1437 brought sweeping reforms aimed at ensuring a person’s criminal punishment is directly proportional to their individual culpability and intent.

Below, our California criminal defense team answers the most frequently asked questions about SB 1437, how it narrows felony murder liability, and who qualifies for retroactive resentencing.

How Was the Scope of Felony Murder Liability Narrowed?

Under the current law, a person can only be convicted of felony murder if the prosecution can prove beyond a reasonable doubt that they meet at least one of the following three criteria:

1. The Actual Killer: The defendant was the person who physically caused the victim’s death.
2. An Accomplice with Intent to Kill: The defendant was not the actual killer, but with the specific intent to kill, they aided, abetted, counseled, commanded, or assisted the actual killer in committing first-degree murder.
3. A Major Participant Who Acted with Reckless Indifference: The defendant was a major participant in the underlying felony (such as robbery, burglary, or kidnapping) and acted with “reckless indifference to human life.”

This means that minor participants—such as a getaway driver who did not know a weapon would be used, or a lookout who had no reason to expect violence—can no longer be swept up into a life-altering murder conviction.

How Was the “Natural and Probable Consequences” Rule Eliminated?

Before SB 1437, prosecutors frequently relied on the “natural and probable consequences” doctrine to secure murder convictions against accomplices. Under this rule, if you aided or abetted a minor “target” crime (like a simple assault), and your co-defendant unexpectedly escalated the situation and killed someone, you were guilty of murder. The law argued that a reasonable person should have foreseen that a death was a “natural and probable consequence” of the initial crime.

SB 1437 completely eliminated this doctrine for murder cases. By amending Penal Code Section 188, the law now dictates that to be found guilty of murder, a principal in a crime must act with malice aforethought. Culpability can no longer be based purely on what was “foreseeable”; it must be based on the defendant’s own mental state and direct actions.

How Does SB 1437 Retroactively Apply to Resentencing?

One of the most powerful aspects of SB 1437 is its retroactivity. It does not just protect people facing charges today; it applies to thousands of individuals currently serving time in California prisons.

If an individual was convicted of first- or second-degree murder under the old felony murder rule or the natural and probable consequences theory, they can file a formal petition with the court.

The Resentencing Process Involves:

• Filing the Petition: The petitioner files a request in the sentencing court declaring that they meet the criteria for relief (i.e., that they were not the killer, had no intent to kill, and were not a major participant acting recklessly).
• Prima Facie Review: The judge reviews the petition and original trial records to see if the petitioner makes a prima facie (at first sight) showing of eligibility. If they do, the court appoints a lawyer and issues an “Order to Show Cause.”
• The Hearing: The burden shifts entirely to the prosecution. The District Attorney must prove, beyond a reasonable doubt, that the petitioner could still be convicted of murder under the new, stricter laws.
• Vacating the Conviction: If the prosecution fails to meet this burden, the judge will vacate the murder conviction and resentence the individual on the remaining underlying felony charges (e.g., changing a life sentence for murder into a standard sentence for robbery).

Does SB 1437 apply if I accepted a plea deal?

Yes. Many individuals took plea deals for second-degree murder or voluntary manslaughter out of fear of facing a mandatory life sentence under the old felony murder rule. The law explicitly allows individuals who accepted a plea bargain in lieu of a trial to petition for resentencing, provided they would not be guilty of murder under today’s standards.

What is SB 775, and how did it expand SB 1437?

Passed in 2021, Senate Bill 775 expanded and clarified the original provisions of SB 1437. Crucially, SB 775 made it clear that individuals convicted of attempted murder and manslaughter under a felony murder or natural and probable consequences theory are also fully eligible to petition for resentencing.

What happens if a police officer is killed?

There is an explicit exception to the relaxed felony murder rules if the victim was a peace officer. If the victim was a law enforcement officer killed in the line of duty, and the defendant knew (or reasonably should have known) that the victim was a peace officer, the defendant can still be convicted of felony murder even if they were not the actual killer and lacked the intent to kill.

Do I need a lawyer to file an SB 1437 petition?

If you or a loved one was convicted of murder under California’s former felony murder rule, you may be eligible for resentencing under SB 1437. Radford & Rome, LLP can review your conviction, determine whether you qualify, and file a strong petition on your behalf. As former prosecutors, we understand how these cases were originally charged and argued, and we know how to identify the legal and factual issues that may give you a path toward resentencing or release. Call Radford & Rome, LLP today for a free consultation.

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