California’s Senate Bill 1437 resentencing process lets people convicted of murder, attempted murder, or manslaughter under the state’s old, broader theories of liability ask a court to throw out those convictions if they could not be convicted under today’s narrower rules. The petition is filed under Penal Code Section 1172.6, and there is no deadline, so people convicted decades ago can still seek relief.1California Legislative Information. California Penal Code 1172.6
Who Can File a Petition
Three things must all be true. A charging document allowed the prosecution to proceed on a theory of felony murder, natural and probable consequences, or another theory that imputed malice based solely on participation in a crime. You were then convicted of murder, attempted murder, or manslaughter after trial, or you accepted a plea deal in lieu of a trial where you could have been convicted of one of those offenses. And you could not be convicted of murder or attempted murder today under the amended versions of Sections 188 and 189.1California Legislative Information. California Penal Code 1172.6
Plea bargains count. Many felony murder defendants pleaded guilty to avoid the risk of a life sentence at trial, and those pleas are eligible for relief just like trial convictions.
The original 2019 law covered only first- and second-degree murder. Senate Bill 775, effective January 1, 2022, expanded eligibility to include attempted murder convictions based on the natural and probable consequences theory and manslaughter convictions in cases where the prosecution was allowed to pursue a felony murder or natural and probable consequences theory.2LegiScan. California Senate Bill 775
Some petitioners will not qualify. If you were the actual killer, if you were not the killer but intentionally aided the killing, or if you were a major participant in the underlying felony who acted with reckless indifference to human life, the conviction stands under current law and the petition will be denied.
The Rules the Court Applies Now
To decide whether you could still be convicted today, the court applies the amended murder statutes. Section 188 now requires that anyone convicted of murder personally acted with malice; malice can no longer be imputed to a person just because they took part in a crime where a death occurred.3California Legislative Information. California Penal Code PEN 188
Section 189 narrows the felony murder rule. A participant in a qualifying felony can only be held liable for murder if the person was the actual killer, was not the killer but intentionally aided the killer in committing the murder, or was a major participant in the underlying felony who acted with reckless indifference to human life.4California Legislative Information. California Penal Code 189
One boundary matters here. The narrowed felony murder rules do not apply when the victim is a peace officer killed in the line of duty and the defendant knew or should have known the victim was a peace officer performing official duties. In those cases, the broader old standard still governs, and all participants in the underlying felony can face murder charges.4California Legislative Information. California Penal Code 189
What Goes in the Petition
Under Section 1172.6, the petition must include a signed declaration that you meet the eligibility requirements, the superior court case number and year of your conviction, and a statement of whether you want the court to appoint an attorney.5California Legislative Information. California Penal Code 1172.6
File it in the court that sentenced you. Serve a copy on the district attorney or other prosecuting agency and on the attorney who represented you at trial, or on the public defender’s office in the county where you were convicted.1California Legislative Information. California Penal Code 1172.6
The statute used to be numbered Section 1170.95 and was renumbered to Section 1172.6 effective July 1, 2022. Older forms and legal resources may still show the old number; they refer to the same law.
If information is missing but the court can readily determine it from its own records, the court should still process the petition. If the missing information cannot be readily determined, the court can deny the petition without prejudice, meaning you can refile once you have the correct details.5California Legislative Information. California Penal Code 1172.6
What Happens After You File
Counsel Gets Appointed
If you request an attorney in your petition, the court must appoint one once it receives a facially sufficient petition, and it must do so before conducting any substantive review of the merits.6Justia. People v. Lewis If you are filing without a lawyer, requesting appointed counsel is almost always the right move.
Prima Facie Review
After counsel is appointed and both sides submit written arguments, the court holds a hearing to decide whether you have made a prima facie showing of entitlement to relief. The court accepts your factual claims as true and can look at the record of conviction, but it cannot weigh evidence or make factual findings at this stage.6Justia. People v. Lewis The point is to screen out petitions that are meritless on their face.
If the petition passes, the court issues an order to show cause, which moves the case to an evidentiary hearing.1California Legislative Information. California Penal Code 1172.6
The Evidentiary Hearing
This hearing must be held within 60 days after the order to show cause is issued. The prosecution bears the burden of proving beyond a reasonable doubt that you are still guilty of murder or attempted murder under the law as amended by SB 1437. Both sides can introduce new or additional evidence.1California Legislative Information. California Penal Code 1172.6
The parties can also waive the hearing and agree that the petitioner qualifies for relief, which sometimes happens when the record clearly shows the petitioner was not the killer and did not act with intent to kill.
If the Petition Succeeds
If the prosecution cannot meet its burden, the court vacates the murder, attempted murder, or manslaughter conviction and resentences you on any remaining counts as if the original sentence had never been imposed. Someone originally convicted of felony murder during a robbery, for example, would be resentenced on the robbery count alone. The statute guarantees credit for all time already served.5California Legislative Information. California Penal Code 1172.6
In many cases the petitioner has already served more time than the remaining charges would carry, which means release. The judge may also impose up to two years of parole supervision after the resentenced term is complete.
Victim and Family Participation
California’s Marsy’s Law gives crime victims the right to reasonable notice of any public proceeding where the defendant and prosecutor are entitled to be present, including post-conviction proceedings like SB 1437 resentencing hearings, and the right to be heard at those proceedings.7California Department of Justice. Victims’ Bill of Rights These rights apply upon request. Victims or family members who want to participate should contact the district attorney’s office handling the case.
Noncitizen Petitioners
A vacated murder conviction can have significant immigration effects, but the outcome turns on why it was vacated. Under federal immigration policy, a conviction thrown out because of a defect in the underlying legal proceedings is generally no longer treated as a conviction for immigration purposes, while one vacated purely for rehabilitative reasons or to avoid deportation is still treated as valid.8U.S. Citizenship and Immigration Services. Adjudicative Factors
SB 1437 vacatur is based on a substantive change in the law rather than rehabilitation or immigration hardship, which generally puts it in a stronger position under federal standards. The specific language of the court’s vacatur order can still affect how federal immigration authorities treat it, and any remaining conviction after resentencing — robbery or assault, for instance — may independently trigger deportation grounds. A noncitizen petitioner should consult an immigration attorney before or during the resentencing process.