The San Diego District Attorney’s (DA) Office announced their plan Monday to challenge Senate Bill No. 1437, amending the murder accomplice law.

The DA’s Office claims that they have grounds to challenge or question the new law’s constitutionality, arguing that “the Legislature didn’t have the authority to change the law without asking voters first.” The statute does not permit amendment without voter approval. Therefore, for the bill to be effective, it must first be approved by the voters.

Under the new Accomplice Liability for Felony Murder law, the accomplice must meet specific requirements to be convicted of first-degree murder under the felony murder rule:

[U]nless the person was the actual killer or the person was not the actual killer but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer, or the person was a major participant in the underlying felony and acted with reckless indifference to human life,… [Emphasis added]

The DA would have the burden of proving intent to kill in order to get a conviction under the felony murder rule. Whereas before, the presence of an accomplice to a [violent or inherently dangerous] felony where a death occurred, may have been enough to grant a conviction.

Section 1170.95 is added to the Penal Code. Section 1170.95 (a) enables anyone who was convicted of felony murder under a “natural and probable consequences theory” to petition for their case to be reviewed with the possibility of their conviction being vacated under this new law. The petitioner must meet three conditions in order for their case to be eligible for review: that they were (1) prosecuted under the felony murder rule; (2) were convicted of first or second degree murder; and (3) could not have been convicted under the Section 188-89 which were made effective January 1, 2019.

This bill is retroactive, which means that anyone who had previously been convicted as an accomplice under the felony murder rule may have grounds to petition for a review. The DA’s office estimates about 140 cases would be effected, whereas other groups have estimated the number to be much higher.