Murder rule’s scope could be narrowed

Legislation would limit criminal charge of the felony murder law to defendants who killed or intended to.

SACRAMENTO — California lawmakers have sent a proposal to the governor that would widely limit who can be charged under the felony murder rule, which allows defendants to be convicted of first-degree murder if a victim dies during the commission of a felony, even if the defendant did not intend to kill or did not know a homicide occurred.

Criminal justice reform advocates say the standard differs widely from how prosecutors charge all other crimes, where a person’s intent is central to the offense and punishment they face.

The legislation by Sen. Nancy Skinner (D-Berkeley) would restrict the criminal charge to those who committed or intended to commit a killing.

It also would allow some inmates doing time for felony murder to petition the court for a reduced sentence.

Cases in which an officer was killed would not be subject to the new law.

“California’s murder statute irrationally treats someone who did not commit murder the same as someone who did,” Skinner said in a statement on Thursday. “Most people have no idea that you can be charged with murder and given a life sentence even if you didn’t kill anyone.”

Senate Bill 1437 moved out of the Senate with a 27-9 vote and bipartisan support. It moved out of the Assembly with a 41-35 vote.

On the Assembly floor this week, some lawmakers called the state’s felony murder law archaic and blamed it for disproportionate long sentences against people who did not kill anyone.

Some pointed to a 2018 survey that found 72% of women serving a life sentence for felony murder in California did not commit the homicide.

The average age of people charged and sentenced under the statute was 20, according to the report from the Anti-Recidivism Coalition and Restore Justice, a nonprofit that helps offenders reenter society.

“California has an opportunity to serve the interest of justice,” Assemblyman José Medina (D-Riverside) said during a late debate on Wednesday. SB 1437 “reserves the harshest punishment for the people who committed the murder.”

But opponents argued the bill would let too many people off the hook.

Assemblyman Jim Cooper (D-Elk Grove) argued it was too lenient on willful participants in crime, such as defendants that drive a killer to the scene of the crime.

“What if it was your family member lying there dead?” Cooper asked.