Do you support this bill?

Assembly Bill A1463

2025-2026 Legislative Session

Abolishes citizens arrests; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

co-Sponsors

2025-A1463 (ACTIVE) - Details

See Senate Version of this Bill:
S5138
Current Committee:
Assembly Rules
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 Other Legislative Sessions:
2021-2022: A6054, S3183
2023-2024: A507, S167

2025-A1463 (ACTIVE) - Summary

Abolishes citizens arrests in New York state.

2025-A1463 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1463
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced by M. of A. HUNTER, MAMDANI, EPSTEIN, SIMON, KELLES, STECK --
   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] THEIR own account  may  use
 physical  force,  other  than deadly physical force, upon another person
 when and to the extent that [he or she] SUCH PRINCIPAL PERSON reasonably
 believes such to be necessary to [effect an arrest or  to]  prevent  the
 escape [from custody] of a person whom [he or she] SUCH PRINCIPAL PERSON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01775-01-5

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.