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2017

Legislative Legislative Recap

Days in the 2017 legislative session Legislators in both the House and Senate ACLU lobbyists in the Statehouse present Bills tracked ACLUHearings where staff testified Bills ACLU supported Bills ACLU opposed Activist held to encourage trainings in the legislativethe public to engage process Attendees at the ACLU Activist Academy

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Unfortunately, despite bi-partisan support, Governor C.L. Butch C.L. Butch support, Governor bi-partisan despite Unfortunately, in search 202 citing that the bill “was a problem HB vetoed Otter with the need may disagree the Governor of a solution.” While and partners, us, our coalition to apparent it’s such reforms, for that inside the statehouse a majority of legislators even police prevent needed to are measures additional transparency laws. forfeiture abuse within our civil asset After almost two years of work, of work, years two almost After our bill sponsors thanks to Harris Steven Representatives (R – Meridian) and (D – Boise) and our partnership with the Freedom civil asset positive Foundation, is gaining reform forfeiture in Idaho. traction very legislative session presents both challenges and opportunities for our work at the ACLU of Idaho in defending and of Idaho in defending at the ACLU our work and opportunities for both challenges presents session legislative very proactive passing for off with high hopes kicked Session rights in Idaho. The 2017 Legislative civil liberties and advancing part of the spent a significant go, we sessions legislative in Idaho. But as most civil rights protections expanding legislation Idaho’s of bills that threatened the passage prevent to fought successfully We playing defense. session twelve-week Drugs, where state and federal governments granted local law local granted governments and federal state Drugs, where be to believed seize any property the authority to enforcement of whether or not the drug crimes – regardless to connected or charged was seized was ever individual whose property a 2015 Institute to doing. According of criminal wrong convicted of state Profit” the for titled “Policing report Justice for laws. forfeiture its civil asset Idaho earned a D- for group policies, our bipartisan these flawed address begin to To that the it clear HB 202. The bill makes and passed introduced seize one’s to cause is insufficient probable of cash presence be to seized property for a way It also provides property. the owner’s for necessary reasonably if it’s its owner to returned of the component important the most Ultimately, employment. The requirements. annual reporting mandated bill is the newly this policy is being will shed light on how requirement reporting policing, and of abuse, targeted identify patterns used and better owners. property for additional protections needs for immigrant community, challenged legislation that continues the War on Drugs, and opposed efforts to restrict access to early voting. voting. early to access restrict to on Drugs, and opposed efforts the War that continues legislation challenged community, immigrant the rights and liberties promised in safeguarding made a difference our presence session, the grueling 80 day legislative despite Yet, us by the Constitution. to on War the failed back to laws stem forfeiture Our civil asset E A COLLABORATIVE STEP FORWARD A COLLABORATIVE REFORM FORFEITURE CIVIL ASSET

licensing choice that best suits their needs while ensuring their sensitive ensuring their sensitive while suits their needs that best choice licensing is protected. information private of identification card they get, whether it’s a Real ID compliant or a non- ID compliant a Real get, whether it’s they card of identification be given must is that notice ID. The second or state license compliant implicated matters the privacy understand fully individuals so they to that DMV scan the requirement – like a Real ID license by selecting documents, such as our birth source of all our identity copies and store a make to be empowered will now Idahoans or passport. certificate After last year’s repeal of Idaho’s moratorium on enacting Real ID, it on enacting moratorium of Idaho’s repeal year’s last After had as Real ID Idahoans protections privacy what, if any, was unclear rolled were cards identification and state licenses driver’s compliant (R – Dalton Vick Steve by Senator SB 1069, introduced to out. But thanks SB 1069 now a small sigh of relief. breathe Idahoans can Gardens), in what type a choice Idahoans have is that first things. The two provides Exemption coalition, or IASMIE. We’ve been working over the past year with members of the with members year the past over been working or IASMIE. We’ve coalition, Exemption organizations social justice and various leaders, faith law enforcement, health community, mental prepare As we the death penalty. receiving from illness mental with severe individuals exempt to in securing with our IASMIE partners work to continue we’ll Session, the 2018 Legislative for support. legislative mandatory minimum sentence, the State could provide relief to low-income Idahoans who should not go to jail simply for their for jail simply not go to Idahoans who should low-income to relief provide could the State minimum sentence, mandatory Dan Johnson (R – Lewiston) Senator on with worked the bill that we Unfortunately, fines or fees. pay outstanding inability to 2018. our fight for to dedicated remain but we this year, hearing an introductory wasn’t granted Exemption Death Penalty Illness Mental Severe Death Penalty Illness Mental the Severe for the Idaho Alliance of Idaho has led The ACLU Representative Mat Erpelding (D – Boise), the bill was never granted a public hearing, and the legislature once again punted on again punted once a public hearing, and the legislature granted (D – Boise), the bill was never Mat Erpelding Representative of discrimination. fear from free live ensuring that all Idahoans can Reform Driving Without Privileges charged As the number one most reform. without privileges driving consider to been asking the legislature we’ve years For the attached and removing an infraction a misdemeanor to it from reducing a year), 13,000 charges (over crime in the state WHAT’S IN STORE FOR 2018? FOR IN STORE WHAT’S Add the Words non- explicit lack still community of the gay and transgender that members and another year passed Another session of HB 69 from the introduction Despite housing, and public accommodations. in employment, discrimination protections access during the next election cycle. After making it out of the House, HB 150 was finally stopped in the in the stopped HB 150 was finally making it out of the House, After cycle. election during the next access not would the ballot to and access voting that early voters reassuring Committee, Affairs State Senate be restricted. After every major election cycle, it’s not unusual to see legislation aimed at restricting access to the to access at restricting aimed see legislation not unusual to it’s cycle, major election every After Manwaring (R – Pocatello), Dustin by Representative with HB 150, introduced Such was the case ballot. restrict to required be would counties Under his proposal voting. early to access restrict which tried to no to or more, weeks of two standard the current from offer, they weeks voting the number of early offer Idaho currently across A handful of counties weeks. than three no more and than one week less in seen a decrease have would in those counties meaning voters voting, of early weeks than three more RESTRICTIONS TO VOTING RIGHTS VOTING TO RESTRICTIONS UPDATE ON REAL ID IMPLEMENTATION ON REAL UPDATE STIRRING UP HATE IN IDAHO CRIMINAL JUSTICE LEGISLATION This legislative session, Idaho was not immune to the national Association, Food Producers of Idaho, and the Idaho The 2017 Legislative Session was dominated with criminal justice related bills, both good and bad. anti-immigrant rhetoric that is dominating the public sphere. Association of Commerce and Industry, we stopped both HB Here’s a quick run-down on Idaho’s continued progress for criminal justice reform. Yet again, we saw anti-immigrant legislation introduced not 76 and HB 198. In addition, several hundred ACLU of Idaho Public Defense Rules Mandatory Minimum Reform once, but twice by Representative Greg Chaney (R – Caldwell). members and supporters showed up for both introductory 2017 marked the first year the Public Defense Commission Representatives Both versions of his bill aimed to send the same message hearings to send a strong message to the legislature that (PDC) would introduce agency rules aimed at improving our (R – Nampa) and Ilana Rubel (D to immigrant communities across the state: “You are not such anti-immigrant legislation and hateful rhetoric would broken public defense system. Last year’s landmark public – Boise) introduced HB 179 that welcome here.” The first version of the bill, HB 76, not only not be tolerated in Idaho. Neither bill was granted a public defense bill required the Commission to create ten rules would remove the mandatory required law enforcement to increase its cooperation with hearing – an incredible victory for the 2017 session! aimed at addressing workload and caseload standards, minimum sentences currently Immigration and Customs Enforcement (ICE) officers, it also training opportunities, independence from political influences, required for felony drug trafficking prohibited local cities and counties from adopting policies and salary parity. But this year the PDC came forward with charges. HB 179 would have that “discourage cooperation with federal immigration law,” only four rules, including a caseload standard that didn’t considerable impacts on our effectively barring localities from becoming Sanctuary Cities. include any meaningful limits on the numbers of cases public criminal justice system – restoring The second version of the bill, defenders should be expected to handle throughout the year. discretion to judges to determine HB 198, did have considerable 2 ANTI-IMMIGRANT Despite hundreds of emails from ACLU supporters asking an appropriate sentence, reducing improvements – removing the law the Judiciary Committees to reject the rules, and significant incarceration rates, and saving the State money for reduced BILLS INTRODUCED enforcement cooperation with ICE questioning during the House Judiciary Committee hearing, drug trafficking sentences. While the bill was only given an officials – but it did keep the anti- the public defense rules were ultimately approved. informational hearing this session and was never brought to & DEFEATED DURING Sanctuary City prohibition. a vote, the hearing lasted for more than four hours and was Heroin-Induced Homicide THE SESSION By requiring local police to engage overwhelmingly dominated by support for the bill, both from Representatives (R – Meridian) and John in federal immigration work, the members of the public, criminal justice stakeholders, and Gannon (D – Boise) introduced HB 178 that would charge bill would have destroyed the legislators on the committee. Given the positive outcome of individuals who deal heroin with second degree murder if the ability of local law enforcement to build trust with immigrant the hearing, we expect this bill to be reintroduced in 2018 and person they sold to dies of a drug overdose. We opposed this and refugee communities to protect them from crime. The successfully moved through the legislature. bill, along with the Idaho Association of Criminal Defense bill could have created an environment for racial profiling and Lawyers. Instead of recognizing substance abuse as the public Victim’s Rights Constitutional Amendment open the door to constitutional rights violations. health epidemic that it truly is, this bill would have continued SJR 103 (referred to as “Marcy’s Law”) was introduced by Through our collaborative efforts with the Idaho Dairymen’s the criminalization of drug abuse and increased incarceration Senator Todd Lakey (R – Nampa) early in the session, and was rates. While HB 178 passed out of the House Judiciary problematic from the get-go. While expanding victim’s rights Committee, we issued a floor statement urging a No vote and sounded like a good idea, the on-the-ground implementation are pleased to report the bill died on the House floor. of this constitutional amendment exposes the harms this bill would create in our broader criminal justice system. The bill would have expanded the opportunities where victims could be heard during the criminal justice proceeding – increasing the length of trials and/or sentences which could violate criminal PROTECTING WOMEN’S ACCESS TO HEALTHCARE defendants’ right to due process, including a speedy trial. The In a surprising turn of events, the did not new definition of victim was expanded to include corporations pass a single piece of anti-abortion legislation this year! and other business interests, while offering no substantive The only attack on women’s healthcare came in the form funding to improve current victim rights programs. The of SB 1131, introduced by Senator Lori Den Hartog (R – proponents of the legislation were well-financed and engaged Meridian), which would have required medically inaccurate many lobbyists to push this legislation forward. Although SJR information in the state-mandated counseling that women 103 sailed through the Senate, along with the Idaho Association must receive prior to an abortion by telling women where of Criminal Defense Lawyers, we organized a coalition of they could go to learn how to “reverse” their abortion. This opposition and provided persuasive testimony before the House proposal was based on junk science – a study conducted State Affairs Committee which in turn, voted the bill down. The by an anti-abortion doctor that has been rejected by the proponents have pledged to bring this bill back next year and medical community for harming women’s health choices. even though session just concluded, are actively lobbying the In the end SB 1131 was never granted a public hearing. legislative and executive branches. We plan to organize the 0 ANTI-ABORTION Nevertheless, we expect this type of legislation to return opposition and once again work to stop this legislation in 2018. BILLS THAT PASSED next session and we will continue to work with our allied partners to stop any restriction on a woman’s right to DURING THE 2017 reproductive care. 750 EMAILS SENT TO THE HOUSE AND SENATE JUDICIARY COMMITTEE MEMBERS,IN SESSION LESS THAN 8 HOURS, ASKING TO REJECT MEANINGLESS PUBLIC DEFENSE COMMISSION RULES FOR DEFENDING ATTORNEYS