Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 |
senate Bill S3183A
Sponsored By
Michael Gianaris
(D, WF) 12th Senate District
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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Bill Amendments
S3183 - Details
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.
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.
Co-Sponsors
Alessandra Biaggi
(D, WF) 0 Senate District
Robert Jackson
(D, WF) 31st Senate District
Rachel May
(D, WF) 48th Senate District
Jessica Ramos
(D, WF) 13th Senate District
S3183A (ACTIVE) - Details
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.
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.
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