S T A T E O F N E W Y O R K
________________________________________________________________________
8407
2023-2024 Regular Sessions
I N A S S E M B L Y
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:
Section 1. The civil practice law and rules is amended by adding a new
section 208-a to read as follows:
§ 208-A. IN CUSTODY AT TIME OF CAUSE OF ACTION. NOTWITHSTANDING ANY
PROVISIONS OF LAW THAT IMPOSE A PERIOD OF LIMITATION TO THE CONTRARY OR
ANY PROVISIONS OF ANY OTHER LAW PERTAINING TO THE FILING OF A NOTICE OF
CLAIM OR A NOTICE OF INTENTION TO FILE A CLAIM AS A CONDITION PRECEDENT
TO COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING, WITH RESPECT TO ALL
CIVIL CLAIMS OR CAUSES OF ACTION BROUGHT BY ANY PERSON TO RECOVER
DAMAGES FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION
SUFFERED, WHILE IN THE CARE AND CUSTODY OR SUPERVISION OF: THE STATE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, A HOSPITAL AS
DEFINED IN SUBDIVISION TWO OF SECTION FOUR HUNDRED OF THE CORRECTION
LAW, A CORRECTIONAL FACILITY AS DEFINED IN SUBDIVISION THREE OF SECTION
FORTY OF THE CORRECTION LAW, A LOCAL CORRECTIONAL FACILITY AS DEFINED IN
SUBDIVISION TWO OF SECTION FORTY OF THE CORRECTION LAW, A POLICE OFFI-
CER, PEACE OFFICER, OR OTHER LAW ENFORCEMENT OFFICIAL, IS A RESIDENT OR
INPATIENT OF A RESIDENTIAL FACILITY OPERATED, LICENSED OR CERTIFIED BY
(A) THE OFFICE OF MENTAL HEALTH; (B) THE OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES; OR (C) THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS, OR OTHERWISE BEING HELD PURSUANT TO ARTICLE NINE OF THE MENTAL
HYGIENE LAW OR BEING HELD PRETRIAL, AT THE TIME IN WHICH THE CAUSE OF
ACTION OCCURS, THE TIME IN WHICH SUCH ACTION MUST COMMENCE SHALL BE
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
A. 8407 2
§ 2. Subdivision 8 of section 50-e of the general municipal law is
amended by adding a new paragraph (c) to read as follows:
(C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
SHALL NOT APPLY TO ANY CIVIL CLAIMS OR CAUSES OF ACTION BROUGHT BY ANY
PERSON TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY
OR CONDITION SUFFERED WHILE IN CUSTODY PURSUANT TO SECTION TWO HUNDRED
EIGHT-A OF THE CIVIL PRACTICE LAW AND RULES, AT THE TIME THE CAUSE OF
ACTION OCCURRED WHEN SUCH PERSON WAS IN CUSTODY PURSUANT TO SUCH
SECTION.
§ 3. Section 50-i of the general municipal law is amended by adding a
new subdivision 6 to read as follows:
6. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
SHALL NOT APPLY TO ANY CIVIL CLAIMS OR CAUSES OF ACTION MADE AGAINST A
CITY, COUNTY, TOWN, VILLAGE, FIRE DISTRICT OR SCHOOL DISTRICT BROUGHT BY
ANY PERSON TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER
INJURY OR CONDITION SUFFERED WHILE IN CUSTODY PURSUANT TO SECTION TWO
HUNDRED EIGHT-A OF THE CIVIL PRACTICE LAW AND RULES, AT THE TIME WHEN
SUCH CAUSE OF ACTION OCCURS.
§ 4. Subdivision 2 of section 50-e of the general municipal law, as
amended by chapter 62 of the laws of 1983, is amended to read as
follows:
2. Form of notice; contents. The notice shall be in writing, sworn to
by or on behalf of the claimant, and shall set forth: (1) the name and
post-office address of each claimant, and of his attorney, if any; (2)
the nature of the claim; (3) TO THE BEST OF THE CLAIMANT'S KNOWLEDGE AND
BELIEF, the time when, the place where and the manner in which the claim
arose; and (4) the items of damage or injuries claimed to have been
sustained so far as then practicable but a notice with respect to a
claim against a municipal corporation other than a city with a popu-
lation of one million or more persons shall not state the amount of
damages to which the claimant deems himself entitled, provided, however,
that the municipal corporation, other than a city with a population of
one million or more persons, may at any time request a supplemental
claim setting forth the total damages to which the claimant deems
himself entitled. A supplemental claim shall be provided by the claimant
within fifteen days of the request. In the event the supplemental demand
is not served within fifteen days, the court, on motion, may order that
it be provided by the claimant.
§ 5. Section 10 of the court of claims act is amended by adding a new
subdivision 11 to read as follows:
11. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
SHALL NOT APPLY TO ANY CIVIL CLAIMS OR CAUSES OF ACTION MADE AGAINST A
CITY, COUNTY, TOWN, VILLAGE, FIRE DISTRICT OR SCHOOL DISTRICT BROUGHT BY
ANY PERSON TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER
INJURY OR CONDITION SUFFERED WHILE IN CUSTODY PURSUANT TO SECTION TWO
HUNDRED EIGHT-A OF THE CIVIL PRACTICE LAW AND RULES.
§ 6. Subdivision b of section 11 of the court of claims act, as
amended by chapter 606 of the laws of 2007, is amended to read as
follows:
b. The claim shall state the time when and place where, TO THE BEST OF
THE CLAIMANT'S KNOWLEDGE AND BELIEF, such claim arose WHICH SHALL BE
PRODUCED IN THE CLAIM, the nature of same, the items of damage or inju-
ries claimed to have been sustained and, except in an action to recover
damages for personal injury, medical, dental or podiatric malpractice or
wrongful death, the total sum claimed. A claim for the appropriation by
the state of lands, or any right, title or interest in or to lands shall
A. 8407 3
include an inventory or itemized statement of fixtures, if any, for
which compensation is claimed. The notice of intention to file a claim
shall set forth the same matters except that the items of damage or
injuries and the sum claimed need not be stated. The claim and notice of
intention to file a claim shall be verified in the same manner as a
complaint in an action in the supreme court.
§ 7. This act shall take effect immediately.