Assembly Bill A8407

2023-2024 Legislative Session

Relates to the tolling of statute of limitations for individuals in state custody

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A8407 (ACTIVE) - Details

See Senate Version of this Bill:
S7796
Current Committee:
Assembly 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-A8407 (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-A8407 (ACTIVE) - Bill Text download pdf

                             
                     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
              

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