CA Weakens Felony Murder Rule: Governor Jerry Brown signed a bill into law Sunday which will prevent most accomplices from conviction for murder during the commission of a felony. Jazmine Ulloa of the Los Angeles Times reports that SB 1437 will require proof of intent to commit murder in order to charge a non-shooting accomplice for the death of someone killed during the commission of a felony such as drive-by shooting, rape, robbery or burglary. The law also provides that accomplices previously convicted under the old law can petition for early release from prison. Defense attorneys welcomed the new law, while law enforcement groups claim that more violent criminals, such as gang members who participate in drive-by shootings will benefit from it.
UPDATE: Michelle Hanisee, head of the LA Deputy District Attorneys Association, has this post on the bill, which also eliminates the "natural and probable consequences doctrine."
With the recall of sentencing mechanism in the new law changing felony murder and the natural and probable consequence doctrine applied to murder, as well as the Governor’s liberal use of Penal Code section 1170(d) recently amended to undo plea bargains at the discretion of the court, California has given up on the idea of finality of judgments. They act like Marsy’s Law does not exist, yet it’s right there in the California Constitution.
The system is already impacted by new cases coming through the door, yet the Legislature and the Governor have greatly added to that workload with the reevaluation of old cases and looking at defendants in a way that parole authorities are better suited to accomplish. It might be defensible if the there was a cost savings and an improvement (or the status quo) in public safety, but we know CDCR’s budget has expanded and violent crime has gone up the last two years. Now the Legislature and the Governor have decided to pass a bill that will release murderers with no evaluation of their risk to society. Not even the amelioration of three strikes with Prop 36 was so reckless. It had such a provision.
The pendulum is swinging, but I am worried that it is mowing down common sense along the way. Ripping open these murder cases will cause a tremendous amount of pain to victims’ families. Those telephone calls are going to be very difficult, but the Governor and the Legislature don’t have to make them.
As I read it, you are also liable if you meet the Tison v Arizona culpability std which does not require an actual intent to kill. You can also be liable if you are a major participant and acted with reckless disregard for the probable dangerousness of the offense.
The Tison standard only applies to the felony murder cases. The real bear about this bill is what it does to the natural and probable consequences doctrine. In practice what it does is release gang members currently convicted of murder and make it harder to solve the crimes to begin with.
Understood. I should have been more explicit that I was looking at it only from the standpoint of its effect on special circumstances relating to the death penalty or LWOP for felony murder.