Bill Text: NY A06054 | 2021-2022 | General Assembly | Introduced

New York Assembly Bill 6054 (Prior Session Legislation)

Introduced

Bill Title: Abolishes citizens arrests in New York state.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2021-06-08 - substituted by s3183a [A06054 Detail]

Download: New_York-2021-A06054-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          6054

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      March 5, 2021
                                       ___________

        Introduced by M. of A. HUNTER -- read once and referred 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:

     1    Section 1. Section 140.45 of the criminal procedure law, as amended by
     2  chapter 550 of the laws of 1987, is amended to read as follows:
     3  § 140.45 Arrest without a warrant; dismissal of insufficient local crim-
     4               inal court accusatory instrument.
     5    If  a  local  criminal  court accusatory instrument filed with a local
     6  criminal court pursuant to section 140.20[,] or 140.25  [or  140.40]  is
     7  not  sufficient on its face, as prescribed in section 100.40, and if the
     8  court is satisfied that on the basis of the available facts or  evidence
     9  it  would  be impossible to draw and file an accusatory instrument which
    10  is sufficient on its face, it must dismiss  such  accusatory  instrument
    11  and discharge the defendant.
    12    §  2. Sections 140.30, 140.35 and 140.40 of the criminal procedure law
    13  are REPEALED.
    14    § 3. Subdivision 4 of section 35.30 of the  penal  law,  as  added  by
    15  chapter  73 of the laws of 1968, the opening paragraph and paragraph (a)
    16  as amended by chapter 511 of the laws  of  2004  and  paragraph  (b)  as
    17  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    18  follows:
    19    4. A private person acting on his or her own account may use  physical
    20  force, other than deadly physical force, upon another person when and to
    21  the  extent  that  he or she reasonably believes such to be necessary to
    22  [effect an arrest or to] prevent the escape [from custody] of  a  person
    23  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.
                                                                   LBD03590-04-1

        A. 6054                             2

     1  felony and who in fact has committed [such offense] a felony and  is  in
     2  immediate  flight  therefrom; and may use deadly physical force for such
     3  purpose when he or she reasonably believes such to be necessary to[:
     4    (a)  Defend] defend himself, herself or a third person from what he or
     5  she reasonably believes to be the use or imminent use of deadly physical
     6  force[; or
     7    (b)  Effect  the  arrest  of  a  person  who  has  committed   murder,
     8  manslaughter  in  the  first  degree, robbery, forcible rape or forcible
     9  criminal sexual act and who is in immediate flight therefrom].
    10    § 4. Section 305.1 of the family court act is REPEALED.
    11    § 5. This act shall take effect immediately.