What's happening
This bill extends the statute of limitations for civil claims by people injured while in state custody to three years after their release.
Why it matters
Expands access to justice for incarcerated individuals. By allowing people harmed while in custody to bring civil claims up to three years after release, the bill recognizes that many injuries (physical or psychological) may not be safe or possible to address while still incarcerated, reducing barriers to accountability.
Overrides restrictive notice requirements. The legislation specifically exempts these claims from the usual notice of claim and filing deadlines that often trip up or block lawsuits against government agencies, making it more feasible for formerly incarcerated people to pursue claims.
Covers a broad range of custodial settings. The bill applies not just to state prisons, but also local jails, alternative correctional facilities, hospitals under correctional supervision, and situations involving police or pretrial detention, ensuring that nearly all forms of state-imposed custody are included.
Signals a shift toward greater governmental accountability. By extending the statute of limitations and easing procedural hurdles, the bill could lead to increased scrutiny and potential liability for misconduct or negligence by corrections staff, law enforcement, and related agencies, possibly incentivizing better practices and protections for people in custody.
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Who cares
People injured in custody or under correctional supervision
The bill would extend the deadline for covered civil injury claims to three years after release from custody.
Cities, counties and other municipal defendants
Covered custody-related injury claims would be exempt from General Municipal Law notice-of-claim and lawsuit requirements under sections 50-e and 50-i.
Corrections agencies and law enforcement officials
The extended filing period would cover injuries suffered under the specified custody or supervision of corrections authorities, police officers, peace officers and other law enforcement officials, including pretrial detention.
Attorneys representing claimants against municipalities or the state
The bill would allow specified details about when, where or how a claim arose to be stated to the best of the claimant’s knowledge and belief.
Headline styles
Extend Rights for People in Custody
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to judiciary
- Print number 649a
- Amend and recommit to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Extend Lawsuits for Inmates
In Senate Committee · Judiciary · Sponsor Julia Salazar
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
649--A
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 -- 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 Assembly, 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 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, an alternate correctional facility as defined in subdivision one of section eighty-seven of the correction law, a police officer, 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.
LBD01692-05-5
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 injuries claimed to have been sustained and, except in an action to recover damages for personal injury, medical, dental or podiatric malpractice or 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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