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Guide to Passing State Legislation

Michelle Feldman, State Policy Advocate

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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

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Overview of the Legislative Process

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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.

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Overview of the Legislative Process:

Key Lawmakers

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.

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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?

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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• Caucuses2. 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:

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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!

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Step 2: Identifying A Sponsor

Party Affiliation Leadership RoleEffectiveness/

Influence

Law enforcement background?

Pet issues/interest?Votes & sponsorship of other innocence

legislation.

Do they represent exonerees?

VALUE OF A CHAMPION

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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

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Step 3: Lawmaker Outreach

Think like a Politician

Securing re-election.

Ambitions for higher office.

Positive press coverage. Strengthening “brand.”

Pet issues Local wrongful convictions

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Step 3: Lawmaker Outreach: Messaging to Maximize Support

Broad Appeal Messages

Fairness & Justice

Public Safety Implications

Professionalizing Police Practices

Fiscally responsible

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Step 4: Stakeholder Outreach

Law Enforcement Groups

• County/District Attorneys• Police Chiefs Association• Sheriffs Association• Police Officers Association

Government Agencies• State justice/public safety agencies.• Executive criminal justice task forces.• Crime laboratories.• Law Enforcement training entities

Defense Community • Public Defenders Office• Criminal Defense Attorneys Association

Other Potential Allies• Victims groups• ACLU• Religious organizations• Risk management groups

Who will be affected by the legislation?

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Step 5: Minimizing the Fiscal Note

• 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.

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Step 6: Preparing for Committee Hearings

Committee Wants to Know:

• What does the bill do?• What problem does the bill address?• Why is it a good bill? Who will benefit and how?

Tips:

• 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.

Democracy rewards those who show up.

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Step 7: Passing the BillBill

Introduced (1st

Reading)

Referred to Committee

Committee Hearing;

Fiscal Note Issued.

Committee Recommendation &

Vote: Pass, Do Not Pass,

Pass With Amendment

s

2nd Reading:

Chamber debates bill,

offers amendments,

votes .3rd

Reading:

Final vote on bill

Bill goes to second

chamber.

Process repeats in

second chamber.

Amendment

s made in second

chamber must return to original

chamber for approval.

Governor approves or vetoes bill.

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Step 6: Tools to Help Pass the Bill

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• http://www.njtvonline.org/news/video/dna-

exonerates-nj-man-imprisoned-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.

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Tips for Overcoming Roadblocks

Draft amendments in advance to have on hand for negotiations.

Be prepared for 11th hour efforts by opponents to kill or gut the bill.

Assess whether a contract lobbyist is needed to assist with negotiations.