Senator Andrea Stewart-Cousins sent out a letter on Sunday, saying in part:
“Like you, I have been overwhelmed by the intensity and passion of the hundreds of thousands of people who have been peacefully protesting the death of George Floyd and calling for an end of racism and prejudice in all of society.
It is a time for momentous change and civic participation. It is also a time for those of us in positions of power to act. This week, the state legislature will repeal 50a, ban choke holds and codify the AG as Special Prosecutor among other important acts. Change is necessary, and now is the time.”
In the NYS Consolidated Laws, Article 5, the Right of Privacy, Section 50-A says nobody can see the personnel records of police officers, firefighters, or correction officers without a court order.
Before a court order could be issued, a judge had to hold a hearing to let all parties have their say, then decide if the “facts” warranted issuing an order to see the personnel records. If the judge issued an order, the sealed personnel records would be sent to the judge for review, to determine if what’s in the file is relevant to the issue. Then, if the judge thinks the material is relevant, the parts pertaining to the issue would be shown to the person requesting the records.
In other words, fat chance of examining anyone’s record.
The abolishment of 50-a and chokeholds signals the beginning of reigning in the police; now the state needs to set up oversight and enforcement.
It took a woman to get this legislation passed–in a hurry.