Bill > S05138

This bill abolishes citizen's arrests in New York state by making several key changes to existing law. The legislation repeals sections of the criminal procedure law that previously allowed for warrantless arrests by private citizens and modifies the penal law to significantly restrict when a private person can use physical force against another person. Specifically, the bill eliminates the ability of private citizens to effect arrests and narrows the circumstances under which they can use physical force, now only permitting such force to prevent the escape of someone who has clearly committed a felony and is in immediate flight, and only allowing deadly physical force in instances of self-defense or defending another person from what reasonably appears to be imminent deadly force. The bill also updates language to use gender-neutral terms like "their" instead of "his or her" and removes specific provisions related to arresting individuals who have committed certain serious crimes. By repealing these sections of law, the bill effectively ends the practice of citizen's arrests in New York, transferring the responsibility of making arrests exclusively to law enforcement professionals. The changes take effect immediately upon the bill's passage.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S5138