AB 3104: Murder.

Existing law defines first degree murder, in part, as all murder that is committed in the perpetration of, or attempt to perpetrate, specified felonies, including arson, rape, carjacking, robbery, burglary, mayhem, and kidnapping. Existing law, as enacted by Proposition 7, approved by the voters at the November 7, 1978, statewide general election, prescribes a penalty for that crime of death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. Existing law, as amended by Proposition 115 as approved by the voters at the June 5, 1990, statewide primary election, requires the sentence of life without the possibility of parole or death to be imposed when specified special circumstances have been found to be true, including when the murder was committed while the defendant was engaged in, or was an accomplice in, the commission of, attempted commission of, or the immediate flight after committing, or attempting to commit, specified felonies. Existing law, also as amended by Proposition 115, requires that every person, not the actual killer, who, with reckless indifference to human life and as a major participant, aids, abets, counsels, commands, induces, solicits, requests, or assists in the commission of an enumerated felony that results in the death of some person or persons, and who is found guilty of murder in the first degree therefor, be punished by death or imprisonment in the state prison for life without the possibility of parole.

Existing law defines 2nd degree murder as all murder that is not in the first degree and imposes a penalty of imprisonment in the state prison for a term of 15 years to life.

This bill would amend various propositions by limiting the sentence for specified instances of first degree murder to 25 years to life, specifically where the person is not the actual killer but acts with specified intent. The bill would define as 2nd degree murder, punishable by 15 years to life in state prison, a person who is not the actual killer and who does not act with reckless indifference to human life and is not a major participant in the crime, but who aids, abets, counsels, commands, induces, solicits, requests, or assists an actor in the commission or attempted commission of an enumerated crime that results in the death of a person.

This bill would provide a means for a person to petition for recall and resentencing when he or she was sentenced to an indeterminate term of imprisonment in the state prison for life without the possibility of parole when he or she was not the actual killer, did not act with reckless indifference to human life, and was not a major participant in the underlying felony. The bill would require the petitions for recall and resentencing to be filed on or before January 1, 2024.