New York S 844: Relates to the tolling of statute of limitations for individuals in state custody

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S00844 Summary:

BILL NOS00844A

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SAME ASSAME AS A00649-A

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SPONSORSALAZAR

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COSPNSRBASKIN, BRISPORT, CLEARE, FERNANDEZ, GOUNARDES, HOYLMAN-SIGAL, JACKSON, SEPULVEDA

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MLTSPNSR

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Add §208-a, CPLR; amd §§50-e & 50-i, Gen Muni L; amd §§10 & 11, Ct Claims Act

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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.

Go to top S00844 Actions:

BILL NOS00844A

&nbsp

01/08/2025REFERRED TO JUDICIARY

02/05/2025AMEND AND RECOMMIT TO JUDICIARY

02/05/2025PRINT NUMBER 844A

01/07/2026REFERRED TO JUDICIARY

Go to topS00844 Committee&nbspVotes:

Go to topS00844 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00844 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 844--A

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. SALAZAR, CLEARE, FERNANDEZ, GOUNARDES, HOYLMAN-SI-
 GAL, SEPULVEDA -- read twice and ordered printed, and when printed to
 be committed to the Committee on Judiciary -- committee discharged,
 bill amended, ordered reprinted as amended and recommitted to said
 committee

 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 under the jurisdiction and in the care and custody or
 11 supervision of: the state department of corrections and community super-
 12 vision, a hospital as defined in subdivision two of section four hundred
 13 of the correction law, a correctional facility as defined in subdivision
 14 three of section forty of the correction law, a local correctional
 15 facility as defined in subdivision two of section forty of the
 16 correction law, an alternate correctional facility as defined in subdi-
 17 vision one of section eighty-seven of the correction law, a police offi-
 18 cer, peace officer, or other law enforcement official, or being held
 19 pretrial, at the time in which the cause of action occurs, the time in

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01692-04-5

 S. 844--A 2

 1 which such action must commence shall be extended to three years after
 2 such person is released from such custody.
 3 § 2. Subdivision 8 of section 50-e of the general municipal law is
 4 amended by adding a new paragraph (c) to read as follows:
 5 (c) Notwithstanding any provision of law to the contrary, this section
 6 shall not apply to any civil claims or causes of action brought by any
 7 person to recover damages for physical, psychological, or other injury
 8 or condition suffered while in custody pursuant to section two hundred
 9 eight-a of the civil practice law and rules, at the time the cause of
 10 action occurred when such person was in custody pursuant to such
 11 section.
 12 § 3. Section 50-i of the general municipal law is amended by adding a
 13 new subdivision 6 to read as follows:
 14 6. Notwithstanding any provision of law to the contrary, this section
 15 shall not apply to any civil claims or causes of action made against a
 16 city, county, town, village, fire district or scho