Guide to Passing State Legislation Michelle Feldman, State Policy Advocate 1

My Role Work with network partners to implement policy reforms Improving post-conviction DNA testing statutes Eyewitness ID reform Mandatory recording of interrogations (MERI) Campaigns involve both legislation & voluntary adoption of policies by law enforcement About me New York State Assembly legislative staffer New York City Council staffer Managed political campaigns 2

Overview of the Legislative Process 3

Overview of the Legislative Process: Governor’s Office Overview of the Legislative Process: Governor’s Office 1. Approve or veto legislation Absolute veto: Entire bill is rejected Pocket veto: No action is taken. Conditional veto: Proposes amendments that would make bill acceptable. Veto override can usually be accomplished by 2/3 vote in each chamber of the legislature. 2. Introduce “program bills.” 3. Appropriate funding through the budget. 4

Overview of the Legislative Process: Key Lawmakers Overview of the Legislative Process: Key Lawmakers 5 Speaker of the House/Senate President Sets the session calendar & priorities. Appoints committee chairs and members. Refers bills and resolutions to committees. Presides over sessions. Majority Leader: Lead speaker for the majority party during floor debates Develops the calendar. Assists the president or speaker with program development, policy formation and policy decisions. Whip Counts votes. Ensures member attendance. Assists floor leader. Committee Chair: Primarily responsible for overseeing committee consideration of pending bills.

Overview of the Legislative Process: The Formal Process Bill Introduction Rules Do you need a companion bill? Option to pre- file? Important Dates Length of session. Bill intro deadlines Committee vote deadlines Crossover deadline Carryover deadline Sine die (date of adjournment for legislature) Relevant Committees Usually Judiciary, or Criminal Justice Committee. Some legislatures require all bills to pass through an additional budget committee. Veto Process How long does the governor have to sign/veto a bill? Can the governor issue conditional or pocket veto? Are there enough votes in the legislature for a veto override? 6

Overview of the Legislative Process: The Informal Process House Senate Governor Attorney General 1. Party control Legislative Leadership: House Speaker, Senate President, Majority Leaders. Committee chairs Caucuses 2. Internal Influences Attorney General can issue recommendations on bills. Interest Groups/Associations/Lobbyists Media Current Events 3. External Influences How long is the term of office? When is the next election? Will the election change party control? Which lawmakers will be term-limited? 4. Elections & Term limits: 7

Step 1: Drafting a Legislative Proposal 1. What is the ultimate goal of the proposal? 2. What type of legislation would achieve this goal? Prescriptive legislation. Model policy legislation. Task force legislation. Interim study. 3. What are the priorities of the proposal? What is the bottom line & what can be negotiated out? 4. Simple is better! 8

Step 2: Identifying A Sponsor 9 Party Affiliation Leadership Role Effectiveness/ Influence Law enforcement background? Pet issues/interest? Votes & sponsorship of other innocence legislation. Do they represent exonerees? VALUE OF A CHAMPION

Step 3: Lawmaker Outreach Priority Meetings Committee Chairs Senate & House Leadership Key Staffers Tips for the Meeting Fact sheets Press Coverage Stick to 3 basic bullets 10

Step 3: Lawmaker Outreach Think like a Politician Step 3: Lawmaker Outreach Think like a Politician 11 Securing re-election. Ambitions for higher office. Positive press coverage. Strengthening “brand.” Pet issues Local wrongful convictions

Step 3: Lawmaker Outreach: Messaging to Maximize Support Broad Appeal Messages Fairness & Justice Public Safety Implications Professionalizing Police Practices Fiscally responsible Tea Party/ Conservative Messages Wrongful Conviction is Ultimate Civil Liberty Violation Government & Law Enforcement Accountability Saves Taxpayer Money Liberal Messages Criminal Justice Reform Framework. Protecting Against Systematic Biases Protecting the Rights of Defendants 12

Step 4: Stakeholder Outreach County/District Attorneys Police Chiefs Association Sheriffs Association Police Officers Association Law Enforcement Groups State justice/public safety agencies. Executive criminal justice task forces. Crime laboratories. Law Enforcement training entities Government Agencies Public Defenders Office Criminal Defense Attorneys Association Defense Community Victims groups ACLU Religious organizations Risk management groups Other Potential Allies 13 Who will be affected by the legislation?

Step 5: Minimizing the Fiscal Note 14 Work with sponsor to provide information to the Office of Legislative Services or whatever department writes fiscal notes. Offer fiscal notes & data from other states with similar provisions. Post-Conviction DNA Testing Legislation: Provide data on the minimal number of petitions filed in other states with strong laws, which we can provide. Eyewitness Identification Reform: Only cost is training, which the national Innocence Project can help fund in certain instances. Recording of Custodial Interrogations: Cost of equipment can be mitigated with sharing agreements between large and small agencies. It’s helpful to survey the types of equipment that agencies already own.

Step 6: Preparing for Committee Hearings What does the bill do? What problem does the bill address? Why is it a good bill? Who will benefit and how? Committee Wants to Know: Exonerees are our best advocates. Keep it short: 3-5 minutes. Address opponents arguments upfront. Be prepared to answer questions. Don’t assume committee members are lawyers. Tips: 15 Democracy rewards those who show up.

Step 7: Passing the Bill 16 Bill Introduced (1st Reading) Referred to Committee Committee Hearing; Fiscal Note Issued. Committee Recommendation & Vote: Pass, Do Not Pass, Pass With Amendments 2nd Reading: Chamber debates bill, offers amendments, votes. 3rd Reading: Final vote on bill Bill goes to second chamber. Process repeats in second chamber. Amendments made in second chamber must return to original chamber for approval. Governor approves or vetoes bill.

Step 6: Tools to Help Pass the Bill 17

New Jersey Campaign Legislation Removes the incarceration requirement Allows courts to order preapproval of private laboratories for CODIS access. Advocacy Tools Media Strong Sponsors Gerard Richardson Results to Date Passed Senate and Assembly Committees. Challenges: Attorney General suggested amendments that would undermine the legislation. Next steps: Passage in Assembly & House, and Governor’s signature. Video for-nearly-20-years/ 18

Nebraska Campaign Legislation: Removes requirement to prove that DNA testing unavailable at trial Changes 3 year limit on introducing newly discovered non-DNA evidence with no exceptions to 5 years with due diligence exception. Advocacy Tools: Research on legislative intent Media Ted Bradford & Beatrice Six Challenges Last minute poison amendment. Attorney General recommended a fiscal note. Compromising with governor. 19

Tips for Overcoming Roadblocks Draft amendments in advance to have on hand for negotiations.Be prepared for 11 th hour efforts by opponents to kill or gut the bill. Assess whether a contract lobbyist is needed to assist with negotiations. 50 state comparison of proposal, which IP Policy Dept can assist with. 20