Senate Bill S844A

2025-2026 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 Senate Committee Judiciary 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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Bill Amendments

co-Sponsors

2025-S844 - Details

Current Committee:
Senate 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
Versions Introduced in 2023-2024 Legislative Session:
S7796

2025-S844 - 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.

2025-S844 - Sponsor Memo

2025-S844 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    844
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (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
 
 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
              

co-Sponsors

2025-S844A (ACTIVE) - Details

Current Committee:
Senate 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
Versions Introduced in 2023-2024 Legislative Session:
S7796

2025-S844A (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.

2025-S844A (ACTIVE) - Sponsor Memo

2025-S844A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  844--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (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:
 
   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 UNDER THE JURISDICTION AND IN THE CARE  AND  CUSTODY  OR
 SUPERVISION OF: THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION, 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, AN ALTERNATE CORRECTIONAL FACILITY AS DEFINED IN SUBDI-
 VISION ONE OF SECTION EIGHTY-SEVEN OF THE CORRECTION LAW, A POLICE OFFI-
 CER, PEACE OFFICER, OR OTHER LAW ENFORCEMENT  OFFICIAL,  OR  BEING  HELD
 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
              

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