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Assembly Bill A3579

2009-2010 Legislative Session

Makes provisions relating to prisoner litigation

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Archive: Last Bill Status - In Assembly Committee

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2009-A3579 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Court of Claims Act
Laws Affected:
Amd ยง10, Ct Claims Act

2009-A3579 (ACTIVE) - Summary

Provides that an inmate must exhaust his administrative remedy, as established by the department of corrections, before a claim may be filed in court for recovery of personal property damages; requires that such claim be filed and served on the attorney general.

2009-A3579 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3579

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M. of A. AUBRY -- Multi-Sponsored by -- M. of A. COOK --
  read once and referred to the Committee on Judiciary

AN ACT to amend the court of claims act, in relation to  prisoner  liti-
  gation reform

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 9 of section 10 of the court of claims act, as
added by section 2 of part D of chapter 412 of  the  laws  of  1999,  is
amended to read as follows:
  9.  A  claim of any inmate in the custody of the department of correc-
tional services for recovery of damages  for  injury  to  [or  loss  of]
personal  property  may  not  be  filed  unless and until the inmate has
exhausted the [personal property claims] AVAILABLE administrative  reme-
dy,  established  for  inmates  by  the department[. Such claim must] OF
CORRECTIONAL SERVICES, AND SHALL be filed and  served  ON  THE  ATTORNEY
GENERAL  within [one hundred twenty] NINETY days after the date on which
the inmate has exhausted such remedy UNLESS THE  CLAIMANT  SHALL  WITHIN
SUCH  TIME  FILE AND SERVE UPON THE ATTORNEY GENERAL A WRITTEN NOTICE OF
INTENTION TO FILE THEREFOR, IN WHICH EVENT THE CLAIM SHALL BE FILED  AND
SERVED ON THE ATTORNEY GENERAL WITHIN TWO YEARS AFTER SUCH DATE.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law provided, however, that
the amendments to subdivision 9 of section 10 of the court of claims act
made by this act shall not affect the expiration of such subdivision and
shall be deemed to expire therewith.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04222-01-9

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