Abolishes citizens arrests; repealer
S 5138 abolishes New York State's legal allowance for citizens to make arrests, removing a long-standing provision that permitted ordinary people to detain others under specific circumstances. The bill repeals key sections of the criminal procedure law and penal law that previously authorized citizens to use physical force to arrest individuals suspected of committing certain serious crimes (like murder or robbery) while they were fleeing. This change directly affects all New Yorkers who previously could legally make citizen arrests, replacing that authority with exclusive police powers for arrests. The bill does not alter police procedures or create new offenses, but removes a specific legal tool available to private individuals. It is currently pending in the Assembly after passing the Senate.
Bill status
died
3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Jun 2026
Senate Passage
Jun 2025
Assembly Passage
Governor
Introduced Feb 19, 2025
Last action Jun 5, 2026
Floor votes · Senate Jun 11, 2025
How they voted
34–25
Passed · 4 other
Total votes 63
Jun 11, 2025
D
Democratic41
82% Yea
R
Republican22
95% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
14
Key actions
1
Committee
4
Jun 5, 2026
Committee
COMMITTED TO RULES
upper
Jan 7, 2026
Committee
REFERRED TO CODES
upper
Jun 11, 2025
Committee
REFERRED TO CODES
lower
Jun 11, 2025
Upper · Passed
PASSED SENATE
upper
Feb 19, 2025
Committee
REFERRED TO CODES
upper
1 primary · 6 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Mike Gianaris
DDemocratic/Working Families
Co
Jessica Ramos
DDemocratic/Working Families
Co
Lea Webb
DDemocratic/Working Families
Co
Luis Sepúlveda
DDemocratic
Co
Rachel May
DDemocratic/Working Families
Co
Robert Jackson
DDemocratic/Working Families
Co
Samra Brouk
DDemocratic/Working Families
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