NY State Senate Bill S3183A

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (20)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2022	referred to codes delivered to assembly passed senate
Feb 16, 2022	advanced to third reading
Feb 15, 2022	2nd report cal.
Feb 14, 2022	1st report cal.465
Jan 05, 2022	referred to codes returned to senate died in assembly
Jun 08, 2021	ordered to third reading rules cal.572 substituted for a6054
May 26, 2021	referred to codes delivered to assembly passed senate
Feb 24, 2021	advanced to third reading
Feb 23, 2021	2nd report cal.
Feb 22, 2021	1st report cal.389
Feb 05, 2021	print number 3183a
Feb 05, 2021	amend and recommit to codes
Jan 28, 2021	referred to codes

Votes

view votes

May 25, 2022 - floor Vote

S3183A

floor

Aye

Nay

Absent

Excused

Abstained

Feb 14, 2022 - Codes committee Vote

S3183A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 26, 2021 - floor Vote

S3183A

floor

Aye

Nay

Absent

Excused

Abstained

Feb 22, 2021 - Codes committee Vote

S3183

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S3183 - Details

See Assembly Version of this Bill:: A6054
Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Rpld §§140.30, 140.35 & 140.40, amd §140.45, CP L; amd §35.30, Pen L; rpld §305.1, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:: S167, A507

S3183 - Summary

Abolishes citizens arrests in New York state.

S3183 - Sponsor Memo

 
BILL NUMBER: S3183

SPONSOR: GIANARIS
 
TITLE OF BILL:

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 relat-
ing thereto

 
PURPOSE:

To repeal citizen's arrest laws in the state of New York.

 
SUMMARY OF PROVISIONS:

Section one amends section 140.45 of the criminal procedure law by
removing reference to section 140.40 of the criminal procedure law.

Section two repeals sections 140.30, 140.35 and 140.40 of the criminal
procedure law.

Section three amends subdivision 4 of section 35.30 of the penal law,
the opening paragraph and paragraph (a) and paragraph (b) to remove
references to private persons' abilities to use physical force to effect
an arrest or escape from custody. Under this section, private person may
only use physical force against an individual who is reasonably believed
to have a committed a felony and did in fact commit a felony and is in
immediate flight therefrom.

Section four repeals section 305.1 of the family court act. Section five
sets the effective date.

 
EXISTING LAW:

 
JUSTIFICATION:

Citizen's arrest laws can create dangerous situations by empowering
untrained individuals to attempt to apprehend their fellow New Yorkers.
One only need look at the tragedy involving Ahmaud Arbery to see the
perils of allowing this approach.  Existing New York State law allows
private individuals to arrest someone without a warrant for any crime,
at any time of the day. In some circumstances, these individuals do not
even need to inform the prospective arrestee of the reason for perform-
ing the arrest. Private individuals are also currently authorized by law
to use "such physical force as is justifiable" to effectuate the arrest,
posing a significant danger to New Yorkers.

Juvenile suspects are subject to similar citizens' arrest provisions.
Currently, anyone under the age of sixteen may be taken into custody by
a private person for committing an act that would subject an adult to a
similar arrest. Juveniles do not need to be informed of the reason for
being taken into custody.

This degree of latitude provided to private individuals in the adminis-
tration of criminal justice demonstrates a gross disregard for the due
process rights of residents of our state. Troublingly, these laws
empower ordinary people to collect any adult or child and deliver them
to authorities with no oversight by trained professionals. These laws
were built on a foundation of racist ideals and still to this day create
additional opportunities for physical danger and racially disparate
treatment involving the criminal system.  Efforts to repeal citizens'
arrest laws like these are currently underway in Georgia, Florida, and
South Carolina.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
Immediately.

S3183 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3183
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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:
 
   Section 1. Section 140.45 of the criminal procedure law, as amended by
 chapter 550 of the laws of 1987, is amended to read as follows:
 § 140.45 Arrest without a warrant; dismissal of insufficient local crim-
              inal court accusatory instrument.
   If a local criminal court accusatory instrument  filed  with  a  local
 criminal  court  pursuant  to section 140.20[,] OR 140.25 [or 140.40] is
 not sufficient on its face, as prescribed in section 100.40, and if  the
 court  is satisfied that on the basis of the available facts or evidence
 it would be impossible to draw and file an accusatory  instrument  which
 is  sufficient  on  its face, it must dismiss such accusatory instrument
 and discharge the defendant.
   § 2. Sections 140.30, 140.35 and 140.40 of the criminal procedure  law
 are REPEALED.
   §  3.  Subdivision  4  of  section 35.30 of the penal law, as added by
 chapter 73 of the laws of 1968, the opening paragraph and paragraph  (a)
 as  amended  by  chapter  511  of  the laws of 2004 and paragraph (b) as
 amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
 follows:
   4.  A private person acting on his or her own account may use physical
 force, other than deadly physical force, upon another person when and to
 the extent that he or she reasonably believes such to  be  necessary  to
 [effect  an  arrest or to] prevent the escape [from custody] of a person
 whom he or she reasonably believes to  have  committed  [an  offense]  A

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

                                                            LBD03590-02-1

 S. 3183                             2
 
 FELONY  and  who in fact has committed [such offense] A FELONY AND IS IN
 IMMEDIATE FLIGHT THEREFROM; and may use deadly physical force  for  such
 purpose when he or she reasonably believes such to be necessary to:
   (a)  Defend  himself,  herself  or  a third person from what he or she
 reasonably believes to be the use or imminent  use  of  deadly  physical
 force; or
   (b)   Effect  the  arrest  of  a  person  who  has  committed  murder,
 manslaughter in the first degree, [robbery,] forcible rape  or  forcible
 criminal sexual act and who is in immediate flight therefrom.
   § 4. Section 305.1 of the family court act is REPEALED.
   § 5. This act shall take effect immediately.

Co-Sponsors

S3183A (ACTIVE) - Details

See Assembly Version of this Bill:: A6054
Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Rpld §§140.30, 140.35 & 140.40, amd §140.45, CP L; amd §35.30, Pen L; rpld §305.1, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:: S167, A507

S3183A (ACTIVE) - Summary

Abolishes citizens arrests in New York state.

S3183A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3183A

SPONSOR: GIANARIS
 
TITLE OF BILL:

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 relat-
ing thereto

 
PURPOSE:

To repeal citizen's arrest laws in the state of New York.

 
SUMMARY OF PROVISIONS:

Section one amends section 140.45 of the criminal procedure law by
removing reference to section 140.40 of the criminal procedure law.

Section two repeals sections 140.30, 140.35 and 140.40 of the criminal
procedure law.

Section three amends subdivision 4 of section 35.30 of the penal law,
the opening paragraph and paragraph (a) to remove references to private
persons' abilities to use physical force to effect an arrest or escape
from custody. Under this section, private person may only use physical
force against an individual who is reasonably believed to have a commit-
ted a felony and did in fact commit a felony and is in immediate flight
therefrom, and may only use deadly physical force to defend himself,
herself, or a third person from what he or she reasonably believes to be
the use or imminent use of deadly physical force.

Section four repeals section 305.1 of the family court act. Section five
sets the effective date.

 
EXISTING LAW:

 
JUSTIFICATION:

Citizen's arrest laws can create dangerous situations by empowering
untrained individuals to attempt to apprehend their fellow New Yorkers.
One only need look at the tragedy involving Ahmaud Arbery to see the
perils of allowing this approach.

Existing New York State law allows private individuals to arrest someone
without a warrant for any crime, at any time of the day. In some circum-
stances, these individuals do not even need to inform the prospective
arrestee of the reason for performing the arrest. Private individuals
are also currently authorized by law to use "such physical force as is
justifiable" to effectuate the arrest, posing a significant danger to
New Yorkers.

Juvenile suspects are subject to similar citizens' arrest provisions.
Currently, anyone under the age of sixteen may be taken into custody by
a private person for committing an act that would subject an adult to a
similar arrest. Juveniles do not need to be informed of the reason for
being taken into custody.


This degree of latitude provided to private individuals in the adminis-
tration of criminal justice demonstrates a gross disregard for the due
process rights of residents of our state. Troublingly, these laws
empower ordinary people to collect any adult or child and deliver them
to authorities with no oversight by trained professionals. These laws
were built on a foundation of racist ideals and still to this day create
additional opportunities for physical danger and racially disparate
treatment involving the criminal system.  Efforts to repeal citizens'
arrest laws like these are currently underway in Georgia, Florida, and
South Carolina.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
Immediately.

S3183A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3183--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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:
 
   Section 1. Section 140.45 of the criminal procedure law, as amended by
 chapter 550 of the laws of 1987, is amended to read as follows:
 § 140.45 Arrest without a warrant; dismissal of insufficient local crim-
              inal court accusatory instrument.
   If  a  local  criminal  court accusatory instrument filed with a local
 criminal court pursuant to section 140.20[,] OR 140.25  [or  140.40]  is
 not  sufficient on its face, as prescribed in section 100.40, and if the
 court is satisfied that on the basis of the available facts or  evidence
 it  would  be impossible to draw and file an accusatory instrument which
 is sufficient on its face, it must dismiss  such  accusatory  instrument
 and discharge the defendant.
   §  2. Sections 140.30, 140.35 and 140.40 of the criminal procedure law
 are REPEALED.
   § 3. Subdivision 4 of section 35.30 of the  penal  law,  as  added  by
 chapter  73 of the laws of 1968, the opening paragraph and paragraph (a)
 as amended by chapter 511 of the laws  of  2004  and  paragraph  (b)  as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   4. A private person acting on his or her own account may use  physical
 force, other than deadly physical force, upon another person when and to
 the  extent  that  he or she reasonably believes such to be necessary to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03590-03-1

 S. 3183--A                          2
 
 [effect an arrest or to] prevent the escape [from custody] of  a  person
 whom  he  or  she  reasonably  believes to have committed [an offense] A
 FELONY and who in fact has committed [such offense] A FELONY AND  IS  IN
 IMMEDIATE  FLIGHT  THEREFROM; and may use deadly physical force for such
 purpose when he or she reasonably believes such to be necessary to[:
   (a) Defend] DEFEND himself, herself or a third person from what he  or
 she reasonably believes to be the use or imminent use of deadly physical
 force[; or
   (b)   Effect  the  arrest  of  a  person  who  has  committed  murder,
 manslaughter in the first degree, robbery,  forcible  rape  or  forcible
 criminal sexual act and who is in immediate flight therefrom].
   § 4. Section 305.1 of the family court act is REPEALED.
   § 5. This act shall take effect immediately.

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The New York State Senate

senate Bill S3183A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 25, 2022 - floor Vote

Floor Vote: May 25, 2022

Feb 14, 2022 - Codes committee Vote

Codes Committee Vote: Feb 14, 2022

May 26, 2021 - floor Vote

Floor Vote: May 26, 2021

Feb 22, 2021 - Codes committee Vote

Committee Vote: Feb 22, 2021

Bill Amendments

S3183 - Details

S3183 - Summary

S3183 - Sponsor Memo

S3183 - Bill Text download pdf

Co-Sponsors

S3183A (ACTIVE) - Details

S3183A (ACTIVE) - Summary

S3183A (ACTIVE) - Sponsor Memo

S3183A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3183A

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Sponsored By

Michael Gianaris

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 25, 2022 - floor Vote

Floor Vote: May 25, 2022

Feb 14, 2022 - Codes committee Vote

Codes Committee Vote: Feb 14, 2022

May 26, 2021 - floor Vote

Floor Vote: May 26, 2021

Feb 22, 2021 - Codes committee Vote

Committee Vote: Feb 22, 2021

Bill Amendments

S3183 - Details

S3183 - Summary

S3183 - Sponsor Memo

S3183 - Bill Text download pdf

Co-Sponsors

Alessandra Biaggi

Robert Jackson

Rachel May

Jessica Ramos

Luis R. Sepúlveda

S3183A (ACTIVE) - Details

S3183A (ACTIVE) - Summary

S3183A (ACTIVE) - Sponsor Memo

S3183A (ACTIVE) - Bill Text download pdf

Comments