50-a

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Signed into law1976
Section50-a
50-a
New York State Legislature
Full nameNew York Civil Rights Law § 50-a
Signed into law1976
Section50-a
Status: Repealed

New York Civil Rights Law § 50-a was a section of the New York Civil Rights Law, enacted in 1976, which required the concealment of disciplinary records of police officers, firefighters, and prison officers from the public.[1][2][3] Under the former law, any "personnel records" were "confidential and not subject to inspection or review," unless the officer granted permission for their release or a court order permitting access.[2]

The stated rationale for 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 subpoenas seeking misconduct records issued by defense attorneys. Section 50-a was a major source of controversy from its enactment, with civil rights activists blaming it for a lack of police accountability, saying that it served to preserve institutional racism, and calling it one of the strongest police secrecy laws in the country.[4]

On June 12, 2020, then-Governor Andrew Cuomo signed to repeal the law as part of New York State Assembly/Senate Bill A10611/S8496.[5][6]

Critics have argued that the law was used to hide records of police misconduct and wrongdoing from the public and that this contributed to a culture in which misconduct by the New York City Police Department often goes unpunished and oversight is rare[3][7] Media organizations complained also that the law created difficulty in investigating police misconduct as well.[3]

According to 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

Beginning in 2014, following the killing of Eric Garner, a coalition of activists began to call for the repeal of Section 50-a. Some organizations that 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-Discrimination, Make the Road New York, New York City Bar Association, the New York Civil Liberties Union, and Moms Rising.[8][2][5][7][9] In 2016, Mayor Bill de Blasio issued a written statement that "public interest was disserved" by the law.[10] Following the murder of George Floyd, large-scale protests began in many parts of the world, including in New York, calling for police reforms and police accountability.

On June 10, 2020, the New York State Legislature voted to repeal Section 50-a and on June 12, Governor Andrew Cuomo signed an act amending the Civil Rights Law to totally repeal Section 50-a.[5][11]

Aftermath

See also

References

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