Explore comprehensive information on California’s felony murder rule, recent reforms, and how these changes may affect individuals and families impacted by the law.

Senate Bill No. 1437
New Laws on Felony Murder and “Natural and Probable Consequences”

California's Felony Murder Law
In the past, California's felony murder rule held individuals accountable for murder if a death occurred during certain serious crimes, regardless of their direct involvement in the killing. Recent reforms have redefined who can be charged under this rule, emphasizing fairness and individual responsibility.
What is Felony Murder?
Under California law, felony murder is a charge applied when a person dies during the commission of specified serious felonies, such as robbery, burglary, or kidnapping. Previously, anyone involved in the felony could be charged with murder if a death occurred—even if they did not directly participate in or intend the killing.
Recent Reforms to the Law
The latest reforms significantly narrow the scope of the felony murder rule to ensure more equitable sentencing.

1

Limited Liability
Now, only those who were the actual killer, intended to aid in the killing, or were major participants who acted with reckless indifference to human life can be convicted of murder under this law.

2

Resentencing for Past Convictions
Individuals previously convicted of felony murder can petition for resentencing if they would not be charged under the new standards, allowing for a reevaluation of their sentences.

3

Exceptions
This rule still applies if a peace officer is killed in the line of duty, and the participant knew or should have known they were a law enforcement officer.
These changes prioritize individual accountability and limit extreme sentences for those with less direct involvement in a crime.
Understanding the New Standards
These standards help ensure that sentences better reflect each person’s specific role in the crime.
Actual Killer
The person was the actual killer.
Aiding in the Killing
The person intended to assist in the killing and significantly aided the killer.
Reckless Indifference
The person was a major participant in the underlying felony and acted with reckless indifference to human life.
Implications of the Reform
  • These reforms could lead to a reduction in California’s prison population by re-sentencing individuals whose convictions relied on broader applications of the felony murder rule. Additionally, they uphold the principle that punishment should be proportional to an individual’s level of involvement and intent.
Frequently Asked Questions
Can someone convicted under the old felony murder rule request a new sentence?
Yes, individuals who wouldn’t qualify for a murder charge under the revised law can petition for resentencing.
Why were these reforms necessary?
Lawmakers recognized that the old rule sometimes led to extreme penalties for individuals with minimal involvement in a crime. These changes focus on fair sentencing based on individual actions and intent.
California’s felony murder reform brings the law closer to achieving fair sentencing by focusing on individual culpability. By setting a higher bar for murder charges and allowing resentencing for past cases, the state aims to ensure that its justice system balances accountability with compassion.

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