People v. R.G. (In re R.G.)

*144 "Murder is the unlawful killing of a human being ... with malice aforethought." ( Pen. Code, 1 § 187, subd. (a).) Under prior California law, a defendant who aided and abetted a crime, the natural and probable consequence of which was murder, could be convicted not only of the target crime but also of the resulting murder. ( People v. Chiu (2014) 59 Cal.4th 155 , 161, 172 Cal.Rptr.3d 438 , 325 P.3d 972 .) This was true irrespective of whether the defendant harbored malice aforethought. Liability was imposed " 'for the criminal harms [the defendant] ... naturally, probably, and foreseeably put in motion.' [Citations.]" ( Id . at pp. 164-165, 172 Cal.Rptr.3d 438 , 325 P.3d 972 , italics omitted.)

In 2018, the Legislature enacted Senate Bill No. 1437 (Senate Bill 1437) to amend the natural and probable consequences doctrine as it relates to murder. (Stats. 2018, ch. 1015, § 1, subd. (f).) Senate Bill 1437 redefined "malice" in section 188. Now, to be convicted of murder, a principal must act with malice aforethought; malice can no longer "be imputed to a person based solely on [their] participation in a crime." (§ 188, subd. (a)(3).) The bill also added section 1170.95, which…