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| SPONSOR: | Godbey | DATE TYPED: | 02/03/00 | HB | 305 | ||
| SHORT TITLE: | Inmate Civil Actions Restrictions | SB | |||||
| ANALYST: | O'Connell | ||||||
| Recurring
or Non-Rec |
Fund
Affected | ||||
| FY00 | FY01 | FY00 | FY01 | ||
| NFI | NFI | ||||
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates/Conflicts with/Companion to/Relates to
SOURCES OF INFORMATION
LFC files
Administrative Office of the Courts (AOC)
SUMMARY
Synopsis of Bill
House Bill 305 would impose restrictions on civil actions and appeals filed by prison inmates. Inmates filing civil actions must submit an affidavit and a certified copy of the inmate's trust fund account statement for the past six months to establish indigence. If the court allows the inmate to proceed as an indigent, the court must still require the inmate to pay the full amount of the filing fee through monthly payments based on trust fund account data. House Bill 305 requires the dismissal of a complaint if the court determines that an affidavit of indigence is false.
Significant Issues
House Bill 305 prohibits an inmate from filing a civil action if that inmate has had a complaint dismissed for being frivolous, malicious or without merit on three or more previous occasions. This restriction does not apply if the inmate is in imminent danger of serious physical injury or if an attorney certifies that the action is not frivolous.
BOC/gm