New York legislation · 2025-2026 General Assembly
New York S5138: Abolishes citizens arrests; repealer
Status: In committee, June 5, 2026
Abolishes citizens arrests in New York state.
What the bill says
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.
From the introduced text, February 19, 2025:
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 ASSEMBLY, 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 dismissal of insufficient local criminal 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 Sections 140.30, 140.35 and 140.40 of the criminal procedure law are REPEALED.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 …
Sponsors
- Michael Gianaris (D, 12) · primary sponsor
- Samra Brouk (D, 55)
- Robert Jackson (D, 31)
- Rachel May (D, 48)
- Jessica Ramos (D, 13)
- Luis Sepúlveda (D, 32)
- Lea Webb (D, 52)
Latest actions
- : COMMITTED TO RULES
- : ADVANCED TO THIRD READING
- : 2ND REPORT CAL.
- : 1ST REPORT CAL.277
- : REFERRED TO CODES
- : RETURNED TO SENATE
- : DIED IN ASSEMBLY
- : REFERRED TO CODES
- : DELIVERED TO ASSEMBLY
- : PASSED SENATE
Votes
- Senate Codes Committee: COMMITTEE Vote (February 4, 2026): 9 yea, 4 nay, passed
- Codes Committee Vote (February 4, 2026): 9 yea, 4 nay, passed
- FLOOR Vote (June 11, 2025): 34 yea, 25 nay, passed
- Senate Codes Committee: COMMITTEE Vote (March 10, 2025): 9 yea, 4 nay, passed
- Codes Committee Vote (March 10, 2025): 9 yea, 4 nay, passed
Subjects: Criminal Procedure Law
Common questions
- What is S5138?
- S5138 is a bill in the New York Legislature (2025-2026 General Assembly): Abolishes citizens arrests; repealer.
- What does S5138 do?
- In its own words: 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.
- What is the status of S5138?
- In committee as of June 5, 2026. Latest action: COMMITTED TO RULES (June 5, 2026).
- Who sponsored S5138?
- Michael Gianaris (D, 12), with 6 co-sponsors.
- Where is the official record for S5138?
- On the New York Legislature website: https://www.nysenate.gov/legislation/bills/2025/S5138
Source: official New York record. Tracked by Delilah, AI for legislation across all 50 states and Congress.