CA AB3104

Amends Penal Code definitions of first and second degree murder to distinguish between actual killers and accomplices based on their intent and level of participation in enumerated felonies.

Creates new Section 190.01 establishing three categories: (1) accomplices with intent to kill commit first degree murder; (2) accomplices with reckless indifference to human life and as major participants commit first degree murder; (3) accomplices without reckless indifference and not major participants commit second degree murder (15 years to life).

Modifies Section 190.2 to remove former language allowing death penalty or life without parole for accomplices with reckless indifference, limiting their sentences to 25 years to life under new Section 190.01.

Adds Section 1170.127 allowing defendants sentenced to life without parole for felony murder (when not the actual killer, lacking reckless indifference, and not major participants) to petition for resentencing by January 1, 2024.

Requires courts conducting resentencing hearings to apply clear and convincing evidence standard and consider whether resentencing presents unreasonable risk to public safety.