New York S 5138: Abolishes citizens arrests; repealer

Bill Text

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S05138 Summary:

BILL NOS05138 

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SAME ASSAME AS A01463

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SPONSORGIANARIS

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COSPNSRBROUK, JACKSON, MAY, RAMOS, SEPULVEDA, WEBB

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MLTSPNSR

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Rpld §§140.30, 140.35 & 140.40, amd §140.45, CP L; amd §35.30, Pen L; rpld §305.1, Fam Ct Act

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Abolishes citizens arrests in New York state.

Go to top S05138 Actions:

BILL NOS05138 

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02/19/2025REFERRED TO CODES

03/10/20251ST REPORT CAL.507

03/11/20252ND REPORT CAL.

03/12/2025ADVANCED TO THIRD READING 

06/11/2025PASSED SENATE

06/11/2025DELIVERED TO ASSEMBLY

06/11/2025referred to codes

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO CODES

02/04/20261ST REPORT CAL.277

02/05/20262ND REPORT CAL.

02/09/2026ADVANCED TO THIRD READING 

06/05/2026COMMITTED TO RULES

Go to topS05138 Committee&nbspVotes:

Go to topS05138 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05138 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5138

 2025-2026 Regular Sessions

 IN SENATE

 February 19, 2025
 ___________

 Introduced by Sens. GIANARIS, JACKSON, MAY, RAMOS, SEPULVEDA, WEBB --
 read twice and ordered printed, and when printed to be committed to
 the Committee on Codes

 AN ACT to amend the criminal procedure law and the penal law, in
 relation to abolishing citizen's arrests; and to repeal certain
 provisions of the criminal procedure law and the family court act
 relating thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 140.45 of the criminal procedure law, as amended by
 2 chapter 550 of the laws of 1987, is amended to read as follows:
 3 § 140.45 Arrest without a warrant; dismissal of insufficient local crim-
 4 inal court accusatory instrument.
 5 If a local criminal court accusatory instrument filed with a local
 6 criminal court pursuant to section 140.20[,] or 140.25 [or 140.40] is
 7 not sufficient on its face, as prescribed in section 100.40, and if the
 8 court is satisfied that on the basis of the available facts or evidence
 9 it would be impossible to draw and file an accusatory instrument which
 10 is sufficient on its face, it must dismiss such accusatory instrument
 11 and discharge the defendant.
 12 § 2. Sections 140.30, 140.35 and 140.40 of the criminal procedure law
 13 are REPEALED.
 14 § 3. Subdivision 4 of section 35.30 of the penal law, as added by
 15 chapter 73 of the laws of 1968, the opening paragraph and paragraph (a)
 16 as amended by chapter 511 of the laws of 2004 and paragraph (b) as
 17 amended by chapter 264 of the laws of 2003, is amended to read as
 18 follows:
 19 4. A private person acting on [his or her] their own account may use
 20 physical force, other than deadly physical force, upon another person
 21 when and to the extent that [he or she] such principal person reasonably
 22 believes such to be necessary to [effect an arrest or to] prevent the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01775-01-5

 S. 5138 2

 1 escape [from custody] of a person whom [he or she] such principal person
 2 reasonably believes to have committed [an offense] a felony and who in
 3 fact has committed [such offense] a felony and is in immediate flight
 4 therefrom; and may use deadly physical force for such purpose when [he
 5 or she] such principal person reasonably believes such to be necessary
 6 to[:
 7 (a) Defend himself, herself] defend themself or a third person from
 8 what [he or she] such principal person reasonably believes to be the use
 9 or imminent use of deadly physical force[; or
 10 (b) Effect the arrest of a person who has committed murder,
 11 manslaughter in the first degree, robbery, forcible rape or forcible
 12 criminal sexual act and who is in immediate flight therefrom].
 13 § 4. Section 305.1 of the family court act is REPEALED.
 14 § 5. This act shall take effect immediately.

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