NY State Senate Bill 2023-S7796

Current Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to judiciary
Dec 08, 2023	referred to rules

co-Sponsors

2023-S7796 (ACTIVE) - Details

See Assembly Version of this Bill:: A8407
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §208-a, CPLR; amd §§50-e & 50-i, Gen Muni L; amd §§10 & 11, Ct Claims Act

2023-S7796 (ACTIVE) - Summary

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.

2023-S7796 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7796

SPONSOR: SALAZAR
 
TITLE OF BILL:

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

 
PURPOSE::

To toll statutes of limitation on civil claims for those in custody.

 
SUMMARY OF PROVISIONS::

Section 1 adds a new section, § 208-a of the civil practice law and
rules to toll all statutes of limitations or deadlines for filing
notices of claim or notices of intention to file claims the notice of
claim provisions for an action brought to recover damages for physical,
psychological, or other injuries while a person is in custody for a
period of three years after such person is released from custody.

Section 2 amends § 50-e of the general municipal law by adding a new
subdivision to exempt civil claims or actions brought by those in custo-
dy.

Section 3 amends § 50-I of the general municipal law the to exempt civil
claims or actions brought by those in custody.

Section 4 amends subdivision 2 of § 50-e of the general municipal law to
add that a notice of claim shall include "to the best of the claimant's
knowledge and belief" as it relates to the time, place, and manner in
which a claim was brought.

Section 5 amends § 10 of the court of claims act by adding a new subdi-
vision to exempt civil claims or actions brought by those in custody.

Section 6 amends § 11 of the court of claims act to add that a claim or
a notice of intention to file a claim shall include "to the best of the
claimant's knowledge and belief" as it relates to the time, place, and
manner in which a claim was brought.

Section 7 sets the effective date.

 
JUSTIFICATION::

Statues of limitations and notice of claim provisions serve to start the
clock on when actions may be commenced in court. However, those who have
civil claims arise while incarcerated or in state custody face a number
of challenges in bringing a claim in a manner that is timely under the
current law. Over the years victims of abuse who are in custody at the
time the claims arise have been unable to receive civil recompense
because for one reason or another were not able to speak with counsel or
file their claim in time. Additionally, individuals in custody may not
always remember where or when an incident occurred both due to time and
other forces at play.

This bill would create a tolling provision to allow individuals who are
in custody the ability to bring their claims when they are out of custo-
dy and consult an attorney. It also eases the burden on individuals so
that details of the incident are to the best of their knowledge.

 
LEGISLATIVE HISTORY::

This is a new bill.

 
FISCAL IMPLICATIONS::

To be determined.

 
EFFECTIVE DATE::

This act shall take effect immediately.

2023-S7796 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7796
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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
 S. 7796                             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
 S. 7796                             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.

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Senate Bill S7796

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2023-S7796 (ACTIVE) - Details

2023-S7796 (ACTIVE) - Summary

2023-S7796 (ACTIVE) - Sponsor Memo

2023-S7796 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7796

Share this bill

Sponsored By

Julia Salazar

Current Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Cordell Cleare

Nathalia Fernandez

Andrew Gounardes

Brad Hoylman-Sigal

2023-S7796 (ACTIVE) - Details

2023-S7796 (ACTIVE) - Summary

2023-S7796 (ACTIVE) - Sponsor Memo

2023-S7796 (ACTIVE) - Bill Text download pdf

Comments