50-a

New York State Legislation 50-a is a section of the New York Civil Rights Law, enacted in 1976, which hides discipline records of police officers, firefighters, and prison officers from the public.[1][2][3] According to the law, the "personnel records” are “confidential and not subject to inspection or review," unless the officer grants permission for their release.[2] The claimed rationale behind the law was to protect law enforcement officers who served as witnesses for the prosecution in trials.[3] In particular, the law was meant to protect officers from extensive subpoenas for misconduct records issued by defense attorneys.[4]

50-a
New York State Legislature
Full nameNew York Civil Rights Law
StatusRepealed
Introduced1976
Section50-a

50-a was a major source of controversy since its enactment, as civil rights activists pointed to the consequent lack of police accountability and the preservation of institutional racism, calling it one of the strongest police secrecy laws in the country. [5]

Began in 2014 after the killing of Eric Garner, the repeal 50-a movement gained momentum among young people when 20-year-old undergraduate at New York University, Bincheng Mao, launched a nationwide campaign with East Coast Coalition for Tolerance and Non-Discrimination to advocate for policy accountability and the repeal of section 50-a in New York State.[6]

On June 12, 2020, Governor Andrew Cuomo signed to repeal the law as part of New York State Senate Bill S8496.[7]

Criticism

Critics have argued that the law has been used to hide records of police misconduct and wrongdoing from the public. This has helped create a culture in which police misconduct often goes unpunished and a lack of oversight is common.[3][8] Media organizations have experienced difficulty in investigating police misconduct due to the 50-a law, as well.[3] According to Michael Sisitzky of the New York Civil Liberties Union, "50-a was arguably the worst law in the nation when it comes to the public’s ability to access these records."[4]

Repeal Process

Beginning in 2014, following the killing of Eric Garner, a coalition of activists began to call for the repeal of 50-a. Some organizations that have advocated for the repeal of the law include Communities United for Police Reform, New York Communities for Change, East Coast Coalition for Tolerance and Non-Discrmination, Make the Road New York, New York City Bar Association, the New York Civil Liberties Union, and Moms Rising.[9][2][7][8][6] In 2016, Mayor Bill de Blasio issued a written statement that “public interest was disserved” by the law.[10]

Following the killing of George Floyd, large-scale protests began in many parts of the world, including in New York, calling for police reforms and police accountability.

In May 2020, the repeal movement gained further momentum, when a 19-year-old undergraduate at New York University, Bincheng Mao, launched a nationwide "Repeal 50-a" campaign with East Coast Coalition for Tolerance and Non-Discrimination to raise awareness about policy secrecy and to advocate for the repeal of section 50-a in the New York Legislature.[6] By June 5, the campaign mobilized students from across New York state to make over 4,000 calls and letters to New York State senators and assembly members.[6]

On June 10, 2020 the New York State Legislature voted to repeal 50-a and on June 12, Governor Andrew Cuomo signed to repeal the law as part of New York State Senate Bill S8496.[7][11]

Aftermath

In July 2020, District Court Judge Katherine Polk Failla temporarily blocked the release of records citing "employment" and "safety" issues.[12] In January 2021, it was reported that police departments had continued to find ways to hide their discipline records. A joint effort by USA Today Network New York, MuckRock, Brechner Center for Freedom of Information, and Syracuse University journalism made a total of 600 record requests from 400 police agencies. Only 40 agencies provided records in response to the requests.[13]

See also

References
  1. "The law that shields police records, explained". Brooklyn Eagle. 2019-04-23. Retrieved 2020-07-02.
  2. "The state legislature may repeal 50-a. Here's what that means". Queens Daily Eagle. Retrieved 2020-07-02.
  3. "How New York protects police records from public view". Columbia Journalism Review. Retrieved 2020-07-02.
  4. Wykstra, Stephanie (2020-06-16). "The fight for transparency in police misconduct, explained". Vox. Retrieved 2020-07-02.
  5. Wykstra, Stephanie (2020-06-16). "The fight for transparency in police misconduct, explained". Vox. Retrieved 2021-01-06.
  6. "Pushing for Social Impact During a Pandemic". MEET NYU. 2020-07-14. Retrieved 2021-01-06.
  7. "In a Historic Victory, NY Governor Cuomo Signs Repeal of 50-A Into Law". Innocence Project. 2020-06-09. Retrieved 2020-07-02.
  8. Belle, Elly. "Why Advocates In New York Are Working To Repeal The 50-A Law". www.refinery29.com. Retrieved 2020-07-02.
  9. Boyer, Trevor. "No way 50-A! Activists call for repeal of law that hides police misbehavior". nydailynews.com. Retrieved 2020-07-02.
  10. Rojas, Rick; Goodman, J. David (2016-10-14). "De Blasio Calls for Change in Law That Blocks Release of Police Disciplinary Actions". The New York Times. ISSN 0362-4331. Retrieved 2020-07-02.
  11. "NY State Senate Bill S8496". NY State Senate. 2020-06-06. Retrieved 2020-07-02.
  12. staff/christopher-robbins; staff/george-joseph (2020-07-23). "Federal Judge Blocks Release Of NYPD Misconduct Records, Orders NYCLU To Keep Records Secret". Gothamist. Retrieved 2020-07-23.
  13. Lipton, Jon Campbell, Beryl. "New York 50-a repeal: Months later, police find ways to shield disciplinary records". news.wbfo.org. Retrieved 2021-01-24.
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