Bill Text: CA SB1437 | 2017-2018 | Regular Session | Amended
Bill Title: Accomplice liability for felony murder.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Passed) 2018-09-30 - Chaptered by Secretary of State. Chapter 1015, Statutes of 2018. [SB1437 Detail]
Download: California-2017-SB1437-Amended.html
Amended
IN
Senate
May 25, 2018 |
Senate Bill | No. 1437 |
Introduced by Senators Skinner and Anderson (Principal coauthor: Assembly Member Gipson) (Coauthor: Senator Wiener) (Coauthors: Assembly Members Burke and Medina) |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 188 of the Penal Code is amended to read:188.
(a) For purposes of Section 187, malice may be express or implied.SEC. 2.
Section 189 of the Penal Code is amended to read:189.
(a) All murder that is perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or that is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 206, 286, 288, 288a, or 289, or murder that is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree.(2)The person acted with premeditated intent to aid and abet an act wherein a death would occur.
SEC. 3.
Section 667.1 of the Penal Code is amended to read:667.1.
(a) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after November 7, 2012, but before January 1, 2019, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they existed on November 7, 2012.SEC. 4.
Section 1170.125 of the Penal Code is amended to read:1170.125.
(a) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election for all offenses committed on or after November 7, 2012, but before January 1, 2019, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they existed on November 7, 2012.SEC. 5.
Section 1192.7 of the Penal Code is amended to read:1192.7.
(a) (1) It is the intent of the Legislature that district attorneys prosecute violent sex crimes under statutes that provide sentencing under a “one strike,” “three strikes” or habitual sex offender statute instead of plea bargaining those offenses.SEC. 6.
Chapter 16 (commencing with Section 1425) is added to Title 10 of Part 2 of the Penal Code, to read:CHAPTER 16. Recalling Sentencing
1425.
(a) A defendant may submit a request to have his or her conviction vacated and petition for resentencing when all of the following conditions apply:(1)A statement by the petitioner that he or she believes that he or she is eligible for relief under this section, based on all of the requirements of subdivision (a).
(2)The names and case numbers of all other coparticipants in the underlying felony and whether they were charged and tried separately, or a statement that the petitioner does not know the names and case numbers of coparticipants.
(c)If any of the information required in subdivision
(b) is missing from the petition, the court shall return the petition to the petitioner and advise him or her that the matter cannot be considered without the missing information.
(d)
(1)A copy of the charging documents from the superior court in which the case was prosecuted.
(2)The abstract of judgment.
(3)The reporter’s transcript of the plea, if applicable, and the sentencing transcript.
(4)The verdict forms, if a trial was held.
(5)Any other
information the court finds relevant to its decision, including information related to the charging, conviction, and sentencing of the petitioner’s codefendants in the trial court.
(e)The court shall also provide notice to the attorney who represented the petitioner in the superior court and to the district attorney in the county in which petitioner was prosecuted. Notice shall inform each that a petition had been filed pursuant to this section and shall request that a response be filed from both parties as to whether the petitioner is entitled to relief.
(f)
(4)If the petitioner was charged with or convicted of first degree felony murder, resentencing shall be granted unless the prosecution proves, beyond a reasonable doubt, that the petitioner meets the requirements of subdivision (e) of Section 189.
(5)If the petitioner was charged with or convicted of second degree felony resentencing shall be granted unless the prosecution proves, beyond a reasonable doubt, that the petitioner personally committed the homicidal act.
(g)