S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    507
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M. of A. HUNTER, MAMDANI, EPSTEIN, AUBRY, SIMON, DICKENS
   -- read once and referred 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 are REPEALED.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.
                                                            LBD01877-01-3
              

 A. 507                              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] 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.