What's happening
This bill extends the statute of limitations for individuals to file civil claims for injuries suffered while in state custody to three years after release.
Why it matters
Expands access to justice for people harmed while in custody. By extending the period to file civil claims to three years after release, the bill recognizes that individuals may not be able to pursue legal action while detained due to fear of retaliation, lack of access to legal resources, or trauma, allowing more time for recovery and legal consultation.
Covers a broad range of custodial settings and officials. The bill applies not only to state prisons but also to local jails, police custody, pretrial detention, and any custodial situation involving law enforcement officers, dramatically increasing the scope of potential claims and who might be held accountable.
Overrides restrictive notice and filing requirements. By exempting these claims from traditional notice-of-claim rules and certain municipal law procedures, the bill removes procedural barriers that have historically prevented or limited lawsuits against public entities and officials for injuries suffered while in custody.
Promotes governmental accountability and transparency. By making it easier for formerly incarcerated or detained individuals to bring civil claims, the bill may incentivize correctional institutions and law enforcement agencies to improve conditions, training, and oversight to reduce the risk of abuse or negligence.
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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, including claims arising during pretrial detention or police custody.
Cities, counties and other municipal defendants
Covered custody-related injury claims would be exempt from General Municipal Law sections 50-e and 50-i, removing those sections’ notice-of-claim and lawsuit requirements.
DOCCS, correctional facilities and law enforcement agencies
People alleging injuries suffered in their custody or supervision would have an extended period to bring civil claims.
Claimants filing municipal notices or Court of Claims claims
The bill would allow specified details about when and where a claim arose to be stated to the best of the claimant’s knowledge and belief.
Headline styles
Extend Lawsuits for Inmates
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to judiciary
- Print number 844a
- 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 Rights for People in Custody
In Assembly Committee · Judiciary · Sponsor Catalina Cruz
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
844--A
2025-2026 Regular Sessions
IN SENATE (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 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.
LBD01692-04-5
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.
Sponsor's memo
Title of bill
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
Purpose
To toll statutes of limitation on civil claims for claims of an individ- ual relating to injuries suffered while the individual was under the jurisdiction and in custody of NYS DOCCS, local jails, or other law enforcement officials.
Summary of provisions
Section 1 adds a new section, § 208-a of the civil practice law and rules to toll all statutes of limitations or deadlines for filing notices of claim or notices of intention to file claims the notice of claim provisions for an action brought to recover damages for physical, psychological, or other injuries while a person is in custody for a period of three years after such person is released from custody.
Read the full memo (603 words)
Section 2 amends § 50-e of the general municipal law by adding a new subdivision to exempt civil claims or actions brought by those in custo- dy.
Section 3 amends § 50-I of the general municipal law the to exempt civil claims or actions brought by those in custody.
Section 4 amends subdivision 2 of § 50-e of the general municipal law to add that a notice of claim shall include information "to the best of the claimant's knowledge and belief" relating to the time, place, and manner in which a claim was brought.
Section 5 amends § 10 of the court of claims act by adding a new subdi- vision to exempt civil claims or actions brought by those in custody.
Section 6 amends § 11 of the court of claims act to add that a claim or a notice of intention to file a claim shall include information "to the best of the claimant's knowledge and belief" relating to the time, place, and manner in which a claim was brought.
Section 7 sets the effective date.
Justification
Statues of limitations and notice of claim provisions serve to start the clock on when actions may be commenced in court. However, those who have civil claims arise while incarcerated or in state custody face a number of challenges in bringing a claim in a manner that is timely under the current law. Over the years victims of abuse who are in custody at the time the claims arise have been unable to receive civil compensation because for one reason or another were not able to speak with counsel or file their claim in time. Additionally, individuals in custody may not always remember where or when an incident occurred both due to time and other forces at play. This bill would create a tolling provision to allow individuals who are in custody the ability to bring their claims when they are out of custo- dy and consult an attorney. It also eases the burden on individuals so that details of the incident are to the best of their knowledge.
Amended bill
The "A" print of the bill deleted language indicating that the bill applies to claims arising when an individual is a resident or impatient of a residential facility operated by the office of mental health, the office for people with developmental disabilities, or the office of addiction services and supports. These entities are now not encompassed by this bill.
Senate
2024: S7796 (Salazar) - referred to Judiciary
2023: S7796 (Salazar) - referred to Rules
Assembly
2023-2024: A8407 (Cruz) - referred to Judiciary
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.