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Senate Bill S5138

2025-2026 Legislative Session

Abolishes citizens arrests; repealer

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Current Bill Status - In Assembly Committee

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2025-S5138 (ACTIVE) - Details

See Assembly Version of this Bill:
A1463
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 Other Legislative Sessions:
2021-2022: S3183, A6054
2023-2024: S167, A507

2025-S5138 (ACTIVE) - Summary

Abolishes citizens arrests in New York state.

2025-S5138 (ACTIVE) - Sponsor Memo

2025-S5138 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5138
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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

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

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