Intent Plus Aiding Required For SB 1437; But Only The Underlying Felony Has To Be Aided
March 28th, 2023

“Senate Bill 1437’s author described the purpose of the new law as “‘restor[ing] proportional responsibility in the application of California’s murder statute [by] reserving the harshest punishments for those who intentionally planned or actually committed the killing.'” (Assem. Com. on Public Safety, June 26, 2018, Rep. on Sen. Bill No. 1437 (2017-2018 Reg. Sess.), at p.4 [italics added].) Defendants who aid a qualifying felony with an intentional plan to kill (i.e., an intent to kill) are the exact type of offender the author is referring to in that statement, the type who can still be convicted of first degree murder under the recent changes to murder liability.” (People v. Lopez (Feb. 23, 2023, E078211) [pp. 17].)

 

The majority supports its view that “assisting the actual killer in the commission of murder” means “assisting in the underlying felony” with People v. Dickey (2005) 35 Cal.4th 884. (Maj. opn., ante, pp. 13-16.) However, Dickey‘s premise “is the very one that the Legislature abrogated in Senate Bill 1437.” (Dissenting opinion at pp. 28-29.)


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