Senate Bill S3183A

2021-2022 Legislative Session

Abolishes citizens arrests; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Votes

Bill Amendments

2021-S3183 - Details

See Assembly Version of this Bill:
A6054
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 2023-2024 Legislative Session:
S167, A507

2021-S3183 - Summary

Abolishes citizens arrests in New York state.

2021-S3183 - Sponsor Memo

2021-S3183 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3183
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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 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.

co-Sponsors

2021-S3183A (ACTIVE) - Details

See Assembly Version of this Bill:
A6054
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 2023-2024 Legislative Session:
S167, A507

2021-S3183A (ACTIVE) - Summary

Abolishes citizens arrests in New York state.

2021-S3183A (ACTIVE) - Sponsor Memo

2021-S3183A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3183--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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