Senate Bill 1437 on ‘felony murder” — a good concept gone too far?

Author:

State Sen. Nancy Skinner, D-Berkeley

Current law:

Provides that a participant in a crime that results in death can be convicted of murder even if he or she was not the actual killer. In effect, someone who “aids, abets, counsels, commands, induces, solicits, requests or assists” in the commission of a serious felony that results in death is just as culpable as the principal offender. In the case of a first-degree murder, the accomplice in the crime can be sentenced to life without parole or even the death penalty (in “special circumstances” that include rape, robbery, arson, carjacking, train wrecking, among other crimes). For second-degree murder, the accomplice could face 15 years to life.

What SB1437 does:

Significantly narrows the definition of felony murder for those who are not the actual killer. The charge would be limited to instances in which the prosecution could prove the accomplice had an “intent to kill,” was a “major participant” who acted with “reckless indifference to human life,” or the victim was a law enforcement officer. It also gives those who have been found guilty of felony murder under the previously wider criteria to apply to have their convictions vacated.

Around the world:

Other nations that link their legal systems to England’s common law tradition — including England, Canada, Northern Ireland, Australia — have abolished felony murder. Scotland never had such a rule.

Support:

A wide variety of civil rights, civil liberties and criminal-justice reform groups

Opposition:

Major law-enforcement organizations

Senate vote:

27 yes, 10 no

Assembly vote:

42 yes, 36 no

Status:

Awaiting signing or veto by Gov. Jerry Brown