Abolishes citizens arrests; repealer

◆ The sponsor's argument

Why Michael Gianaris says this is needed

Citizen's arrest laws can create dangerous situations by empowering untrained individuals to attempt to apprehend their fellow New Yorkers. One only need look at the tragedy involving Ahmaud Arbery to see the perils of allowing this approach. Existing New York State law allows private individuals to arrest someone without a warrant for any crime, at any time of the day. In some circum- stances, these individuals do not even need to inform the prospective arrestee of the reason for performing the arrest. Private individuals are also currently authorized by law to use "such physical force as is justifiable" to effectuate the arrest, posing a significant danger to New Yorkers. Juvenile suspects are subject to similar citizens' arrest provisions. Currently, anyone under the age of sixteen may be taken into custody by a private person for committing an act that would subject an adult to a similar arrest. Juveniles do not need to be informed of the reason for being taken into custody. This degree of latitude provided to private individuals in the adminis- tration of criminal justice demonstrates a gross disregard for the due process rights of residents of our state. Troublingly, these laws empower ordinary people to collect any adult or child and deliver them to authorities with no oversight by trained professionals. These laws were built on a foundation of racist ideals and still to this day create additional opportunities for physical danger and racially disparate treatment involving the criminal system. Efforts to repeal citizens' arrest laws like these are currently under- way in Florida and South Carolina. Georgia repealed their citizens' arrest law in 2021.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.