New York Governor Cuomo makes sweeping changes to NYPD. Wake up call for police brutality
New York Governor Andrew M. Cuomo today signed the ‘Say Their Name’ Reform Agenda package following the killing of George Floyd and an ongoing pattern of police brutality against minority communities across the nation. These landmark policing reforms will help reduce inequality in policing and reimagine the state’s criminal justice system. The reforms include:
- Allowing for transparency of prior disciplinary records of law enforcement officers by repealing 50-a of the civil rights law;
- Banning chokeholds by law enforcement officers;
- Prohibiting false race-based 911 reports; and
- Designating the Attorney General as an independent prosecutor for matters relating to the civilian deaths.
“The murder of George Floyd was just the tipping point of the systemic injustice and discrimination that has been going on in our nation for decades, if not centuries,” Governor Cuomo said. “These are issues that the country has been talking about for a long time, and these nation-leading reforms will make long-overdue changes to our policing and criminal justice systems while helping to restore community confidence in law enforcement. I want to applaud Senator Leader Stewart-Cousins and Speaker Heastie and the bill sponsors for working through these tough issues and for their fast action. New York State is the progressive capital. We never sit back and say just what the nation should do – we show the nation what it should do, and we did that again today.”
“The murder of George Floyd was just the tipping point of the systemic injustice and discrimination that has been going on in our nation for decades, if not centuries.” Governor Cuomo
Senate Majority Leader Andrea Stewart-Cousins said, “The horrific murder of George Floyd, the most recent in a long list of innocent people like Breonna Taylor, Ahmaud Arbery, Sean Reed, Tony McDade, and so many more, has led to a rightful outpouring of grief and anger. Black New Yorkers, like all residents of this state, deserve to know that their rights, and lives, are valued and protected by our justice system. The legislation that will be signed today will help stop bad actors and send a clear message that brutality, racism, and unjustified killings will not be tolerated.”
Repealing 50-a (S.8496/A.10611)
Section 50-a of the New York State Civil Rights Law creates a special right of privacy for the personnel records of police officers, correction officers, and firefighters and paramedics employed by the State or political subdivisions.
The current law prevents access to both records of the disciplinary proceedings themselves and the recommendations or outcomes of those proceedings, leading to records of complaints or findings of law enforcement misconduct that did not result in criminal charges against an officer almost entirely inaccessible to the public.
Repealing 50-a will allow for the disclosure of law enforcement disciplinary records, increasing transparency and helping the public regain trust that law enforcement officers and agencies may be held accountable for misconduct.
Prohibiting Race-Based 911 Calls (S.8492/A.1531)
Recent years have shown a number of frivolous and false calls to 911 based on the callers’ personal discomfort with other people and not for any particular threat. This new law makes it a civil rights violation to call 911 to report a non-emergency incident involving a member of a protected class without reason to suspect a crime or an imminent threat.
Appointing Attorney General as Independent Prosecutor for Police Involved Deaths (S.2574-C/A.1601)
This new law establishes an Office of Special Investigation within the Office of the Attorney General to investigate and, where appropriate, prosecute cases where the death of a person follows an encounter with a law enforcement officer. The law also requires the new Office of Special Investigation to produce a report explaining the reasons for its decision regardless of whether it chooses to pursue charges. This will help improve public confidence in the criminal justice system by removing a potential conflict of interest in these types of investigations. This law builds on the Governor’s Executive Order No. 147 from 2015 which established the Attorney General as an independent prosecutor in instances of police-involved deaths.