S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    649
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01692-01-5
              

 A. 649                              2
 
 ACTION  OCCURS,  THE  TIME  IN  WHICH SUCH ACTION MUST COMMENCE SHALL BE
 EXTENDED TO THREE YEARS AFTER SUCH PERSON IS RELEASED FROM SUCH CUSTODY.
   §  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] SUCH CLAIMANT'S
 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 population of one million or more persons  shall  not  state
 the  amount  of  damages  to which the claimant deems [himself] THEMSELF
 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] THEMSELF  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
 A. 649                              3
 
 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
 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.