A 649: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 649 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. CRUZ, EPSTEIN, BICHOTTE HERMELYN, ROSENTHAL, HEVESI, WALKER, GONZALEZ-ROJAS, DAVILA, STIRPE, TAYLOR, SHIMSKY, SIMON, WOERNER -- 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: 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 in the care and custody or supervision of: the state 11 department of corrections and community supervision, a hospital as 12 defined in subdivision two of section four hundred of the correction 13 law, a correctional facility as defined in subdivision three of section 14 forty of the correction law, a local correctional facility as defined in 15 subdivision two of section forty of the correction law, a police offi- 16 cer, peace officer, or other law enforcement official, is a resident or 17 inpatient of a residential facility operated, licensed or certified by 18 (a) the office of mental health; (b) the office for people with develop- 19 mental disabilities; or (c) the office of addiction services and 20 supports, or otherwise being held pursuant to article nine of the mental 21 hygiene law or being held pretrial, at the time in which the cause of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01692-01-5 
 A. 649 2 1 action occurs, the time in which such action must commence shall be 2 extended to three years after 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 school district brought by 17 any person to recover damages for physical, psychological, or other 18 injury or condition suffered while in custody pursuant to section two 19 hundred eight-a of the civil practice law and rules, at the time when 20 such cause of action occurs. 21 § 4. Subdivision 2 of section 50-e of the general municipal law, as 22 amended by chapter 62 of the laws of 1983, is amended to read as 23 follows: 24 2. Form of notice; contents. The notice shall be in writing, sworn to 25 by or on behalf of the claimant, and shall set forth: (1) the name and 26 post-office address of each claimant, and of [his] such claimant's 27 attorney, if any; (2) the nature of the claim; (3) to the best of the 28 claimant's knowledge and belief, the time when, the place where and the 29 manner in which the claim arose; and (4) the items of damage or injuries 30 claimed to have been sustained so far as then practicable but a notice 31 with respect to a claim against a municipal corporation other than a 32 city with a population of one million or more persons shall not state 33 the amount of damages to which the claimant deems [himself] themself 34 entitled, provided, however, that the municipal corporation, other than 35 a city with a population of one million or more persons, may at any time 36 request a supplemental claim setting forth the total damages to which 37 the claimant deems [himself] themself entitled. A supplemental claim 38 shall be provided by the claimant within fifteen days of the request. In 39 the event the supplemental demand is not served within fifteen days, the 40 court, on motion, may order that it be provided by the claimant. 41 § 5. Section 10 of the court of claims act is amended by adding a new 42 subdivision 11 to read as follows: 43 11. Notwithstanding any provision of law to the contrary, this section 44 shall not apply to any civil claims or causes of action made against a 45 city, county, town, village, fire district or school district brought by 46 any person to recover damages for physical, psychological, or other 47 injury or condition suffered while in custody pursuant to section two 48 hundred eight-a of the civil practice law and rules. 49 § 6. Subdivision b of section 11 of the court of claims act, as 50 amended by chapter 606 of the laws of 2007, is amended to read as 51 follows: 52 b. The claim shall state the time when and place where, to the best of 53 the claimant's knowledge and belief, such claim arose which shall be 54 produced in the claim, the nature of same, the items of damage or inju- 55 ries claimed to have been sustained and, except in an action to recover 56 damages for personal injury, medical, dental or podiatric malpractice or 
 A. 649 3 1 wrongful death, the total sum claimed. A claim for the appropriation by 2 the state of lands, or any right, title or interest in or to lands shall 3 include an inventory or itemized statement of fixtures, if any, for 4 which compensation is claimed. The notice of intention to file a claim 5 shall set forth the same matters except that the items of damage or 6 injuries and the sum claimed need not be stated. The claim and notice of 7 intention to file a claim shall be verified in the same manner as a 8 complaint in an action in the supreme court. 9 § 7. This act shall take effect immediately.