Bill Text: NY A08407 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced) 2024-01-03 - referred to judiciary [A08407 Detail]
Download: New_York-2023-A08407-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8407 2023-2024 Regular Sessions IN ASSEMBLY December 13, 2023 ___________ Introduced by M. of A. CRUZ -- read once and referred to the Committee on Judiciary 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. LBD13701-01-3A. 8407 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 shallA. 8407 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.
