Relates to the tolling of statute of limitations for individuals in state custody; provides that with respect to state action brought by anyone to recover damages for physical, psychological, or other injury or condition suffered while in state custody, the time in which such action must commence shall be extended to three years after such person is released from such custody.
STATE OF NEW YORK
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7796
2023-2024 Regular Sessions
IN SENATE
December 8, 2023
___________
Introduced by Sen. SALAZAR -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the civil practice law and rules, the general municipal
law and the court of claims act, in relation to the tolling of statute
of limitations for individuals in state custody
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil practice law and rules is amended by adding a new
2 section 208-a to read as follows:
3 § 208-a. In custody at time of cause of action. Notwithstanding any
4 provisions of law that impose a period of limitation to the contrary or
5 any provisions of any other law pertaining to the filing of a notice of
6 claim or a notice of intention to file a claim as a condition precedent
7 to commencement of an action or special proceeding, with respect to all
8 civil claims or causes of action brought by any person to recover
9 damages for physical, psychological, or other injury or condition
10 suffered, while in the care and custody or supervision of: the state
11 department of corrections and community supervision, a hospital as
12 defined in subdivision two of section four hundred of the correction
13 law, a correctional facility as defined in subdivision three of section
14 forty of the correction law, a local correctional facility as defined in
15 subdivision two of section forty of the correction law, a police offi-
16 cer, peace officer, or other law enforcement official, is a resident or
17 inpatient of a residential facility operated, licensed or certified by
18 (a) the office of mental health; (b) the office for people with develop-
19 mental disabilities; or (c) the office of addiction services and
20 supports, or otherwise being held pursuant to article nine of the mental
21 hygiene law or being held pretrial, at the time in which the cause of
22 action occurs, the time in which such action must commence shall be
23 extended to three years after such person is released from such custody.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13701-01-3
S. 7796 2
1 § 2. Subdivision 8 of section 50-e of the general municipal law is
2 amended by adding a new paragraph (c) to read as follows:
3 (c) Notwithstanding any provision of law to the contrary, this section
4 shall not apply to any civil claims or causes of action brought by any
5 person to recover damages for physical, psychological, or other injury
6 or condition suffered while in custody pursuant to section two hundred
7 eight-a of the civil practice law and rules, at the time the cause of
8 action occurred when such person was in custody pursuant to such
9 section.
10 § 3. Section 50-i of the general municipal law is amended by adding a
11 new subdivision 6 to read as follows:
12 6. Notwithstanding any provision of law to the contrary, this section
13 shall not apply to any civil claims or causes of action made against a
14 city, county, town, village, fire district or school district brought by
15 any person to recover damages for physical, psychological, or other
16 injury or condition suffered while in custody pursuant to section two
17 hundred eight-a of the civil practice law and rules, at the time when
18 such cause of action occurs.
19 § 4. Subdivision 2 of section 50-e of the general municipal law, as
20 amended by chapter 62 of the laws of 1983, is amended to read as
21 follows:
22 2. Form of notice; contents. The notice shall be in writing, sworn to
23 by or on behalf of the claimant, and shall set forth: (1) the name and
24 post-office address of each claimant, and of his attorney, if any; (2)
25 the nature of the claim; (3) to the best of the claimant's knowledge and
26 belief, the time when, the place where and the manner in which the claim
27 arose; and (4) the items of damage or injuries claimed to have been
28 sustained so far as then practicable but a notice with respect to a
29 claim against a municipal corporation other than a city with a popu-
30 lation of one million or more persons shall not state the amount of
31 damages to which the claimant deems himself entitled, provided, however,
32 that the municipal corporation, other than a city with a population of
33 one million or more persons, may at any time request a supplemental
34 claim setting forth the total damages to which the claimant deems
35 himself entitled. A supplemental claim shall be provided by the claimant
36 within fifteen days of the request. In the event the supplemental demand
37 is not served within fifteen days, the court, on motion, may order that
38 it be provided by the claimant.
39 § 5. Section 10 of the court of claims act is amended by adding a new
40 subdivision 11 to read as follows:
41 11. Notwithstanding any provision of law to the contrary, this section
42 shall not apply to any civil claims or causes of action made against a
43 city, county, town, village, fire district or school district brought by
44 any person to recover damages for physical, psychological, or other
45 injury or condition suffered while in custody pursuant to section two
46 hundred eight-a of the civil practice law and rules.
47 § 6. Subdivision b of section 11 of the court of claims act, as
48 amended by chapter 606 of the laws of 2007, is amended to read as
49 follows:
50 b. The claim shall state the time when and place where, to the best of
51 the claimant's knowledge and belief, such claim arose which shall be
52 produced in the claim, the nature of same, the items of damage or inju-
53 ries claimed to have been sustained and, except in an action to recover
54 damages for personal injury, medical, dental or podiatric malpractice or
55 wrongful death, the total sum claimed. A claim for the appropriation by
56 the state of lands, or any right, title or interest in or to lands shall
S. 7796 3
1 include an inventory or itemized statement of fixtures, if any, for
2 which compensation is claimed. The notice of intention to file a claim
3 shall set forth the same matters except that the items of damage or
4 injuries and the sum claimed need not be stated. The claim and notice of
5 intention to file a claim shall be verified in the same manner as a
6 complaint in an action in the supreme court.
7 § 7. This act shall take effect immediately.
