BILL NUMBER: S844A
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 claims of an individ-
ual relating to injuries suffered while the individual was under the
jurisdiction and in custody of NYS DOCCS, local jails, or other law
enforcement officials.
 
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 information "to the best of the
claimant's knowledge and belief" relating 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 information "to the
best of the claimant's knowledge and belief" relating 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 compensation
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.
 
AMENDED BILL:
The "A" print of the bill deleted language indicating that the bill
applies to claims arising when an individual is a resident or impatient
of a residential facility operated by the office of mental health, the
office for people with developmental disabilities, or the office of
addiction services and supports. These entities are now not encompassed
by this bill.
 
LEGISLATIVE HISTORY:
SENATE:
2024: S7796 (Salazar) - referred to Judiciary
2023: S7796 (Salazar) - referred to Rules
ASSEMBLY:
2023-2024: A8407 (Cruz) - referred to Judiciary
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S844: 50-e general municipal law, 50-e(8) general municipal law, 50-i general municipal law, 50-e(2) general municipal law
S844A: 50-e general municipal law, 50-e(8) general municipal law, 50-i general municipal law, 50-e(2) general municipal law