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NY S05138

Bill

Status

Engrossed

6/11/2025

Primary Sponsor

Michael Gianaris

Click for details

Origin

Senate

2025-2026 General Assembly

AI Summary

  • Repeals sections 140.30, 140.35, and 140.40 of the criminal procedure law, which currently authorize private citizens to make arrests without a warrant

  • Restricts private persons to using physical force only to prevent escape of someone they reasonably believe committed a felony (and who actually did commit a felony) while in immediate flight, removing the authority to use force to "effect an arrest"

  • Eliminates the provision allowing private citizens to use deadly force to arrest someone who committed murder, manslaughter, robbery, rape, or criminal sexual act

  • Maintains the right for private persons to use deadly force only for self-defense or defense of a third person against imminent deadly physical force

  • Repeals section 305.1 of the family court act related to citizen's arrests and takes effect immediately

Legislative Description

Abolishes citizens arrests in New York state.

Last Action

ADVANCED TO THIRD READING

2/9/2026

Committee Referrals

Codes1/7/2026
Codes6/11/2025
Codes2/19/2025

Full Bill Text

No bill text available