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NY A08407
Bill
Status
12/13/2023
Primary Sponsor
Catalina Cruz
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AI Summary
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Extends the statute of limitations to three years after release from custody for civil claims seeking damages for injuries suffered while in state custody, including prisons, hospitals, mental health facilities, and police custody.
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Applies to claims against the state department of corrections and community supervision, correctional facilities, hospitals, police officers, peace officers, and residential facilities operated by the office of mental health, office for people with developmental disabilities, or office of addiction services and supports.
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Exempts claims covered by this tolling provision from notice of claim requirements and filing deadlines that would otherwise apply under general municipal law and the court of claims act.
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Modifies notice of claim requirements to allow claimants to state the time, place, and manner of the claim "to the best of the claimant's knowledge and belief" rather than as definite facts.
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Takes effect immediately upon enactment.
Legislative Description
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.
Last Action
referred to judiciary
1/3/2024