S 5138 New York Senate · 2025 Regular Session

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

3425
Passed · 4 other
Total votes 63
Jun 11, 2025
D Democratic41
34 Yea 4 Nay 3
82% Yea
R Republican22
21 Nay 1
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