People v. Acedo CA2/6

DISCUSSION

The Legislature enacted Senate Bill No. 1437 (SB 1437) “to amend the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.” (Stats. 2018, ch. 1015, § 1, subd. (f); Lewis, supra, 11 Cal.5th at p. 959.) Lewis noted that SB 1437 changed the substantive law of murder in two respects. (Lewis, supra, 11 Cal.5th at p. 959.) First, it restricted the felony murder rule by amending section 189. That section now states that a person is liable for murder for a death occurring during the commission of an enumerated felony only if “(1) The person was the actual killer. [¶] (2) 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 in the commission of murder in the first degree. [¶] (3) The person was a major participant in the underlying felony and acted with reckless indifference to human life . . .…