BILL NUMBER: S5138
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 of the bill amends § 140.45 of the criminal procedure law by
removing reference to § 140.40 of the criminal procedure law, eliminat-
ing any references to citizen's arrest.
Section two of the bill repeals § 140.30, § 140.35 and § 140.40 of the
criminal procedure law, abolishing citizen's arrests.
Section three of the bill amends subdivision 4 of § 35.30 of the penal
law, to narrow when a citizen can use physical or deadly force. The
opening paragraph and paragraph (a) removes references to private
persons' abilities to use physical force to effect an arrest or escape
from custody. Under this section, private person may only use physical
force against an individual who is reasonably believed to have a commit-
ted a felony and did in fact commit a felony and is in immediate flight
therefrom, and may only use deadly physical force to 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.
Section four of the bill repeals § 305.1 of the family court act, elimi-
nating citizen's arrests for children as well
Section five of the bill sets the effective date.
 
JUSTIFICATION:
Citizen's arrest laws can create dangerous situations by empowering
untrained individuals to attempt to apprehend their fellow New Yorkers.
One only need look at the tragedy involving Ahmaud Arbery to see the
perils of allowing this approach.
Existing New York State law allows private individuals to arrest someone
without a warrant for any crime, at any time of the day. In some circum-
stances, these individuals do not even need to inform the prospective
arrestee of the reason for performing the arrest. Private individuals
are also currently authorized by law to use "such physical force as is
justifiable" to effectuate the arrest, posing a significant danger to
New Yorkers.
Juvenile suspects are subject to similar citizens' arrest provisions.
Currently, anyone under the age of sixteen may be taken into custody by
a private person for committing an act that would subject an adult to a
similar arrest. Juveniles do not need to be informed of the reason for
being taken into custody.
This degree of latitude provided to private individuals in the adminis-
tration of criminal justice demonstrates a gross disregard for the due
process rights of residents of our state. Troublingly, these laws
empower ordinary people to collect any adult or child and deliver them
to authorities with no oversight by trained professionals. These laws
were built on a foundation of racist ideals and still to this day create
additional opportunities for physical danger and racially disparate
treatment involving the criminal system.
Efforts to repeal citizens' arrest laws like these are currently under-
way in Florida and South Carolina. Georgia repealed their citizens'
arrest law in 2021.
 
LEGISLATIVE HISTORY:
2024: S167 (Gianaris) PASSED SENATE / A507 (Hunter) ordered to third
reading
2023: S167 (Gianaris) PASSED SENATE / A507 (Hunter) advanced to third
reading
2022: S3183-A (Gianaris) PASSED SENATE / A6054 (Hunter) ordered to third
reading
2021: S3183-A (Gianaris) PASSED SENATE / A6054 (Hunter) ordered to third
reading
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5138: 140.45 criminal procedure law