Bill Text: HI SB2225 | 2012 | Regular Session | Amended
Bill Title: Prison Litigation
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-03-14 - (H) The committee(s) on PBM recommend(s) that the measure be deferred. [SB2225 Detail]
Download: Hawaii-2012-SB2225-Amended.html
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THE SENATE |
S.B. NO. |
2225 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PRISON LITIGATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 607, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§607- Proceedings in forma pauperis for prisoners. (a) Any court of the State may authorize proceedings in forma pauperis for the commencement, prosecution, or defense of any suit, action, or proceeding, or any appeal therefrom, without prepayment of fees or security therefor, by a prisoner who is incarcerated in a correctional facility; provided that the prisoner submits:
(1) A statement, certified by the correctional facility, of all financial assets for the previous six months that the prisoner possesses or possessed; and
(2) An affidavit or declaration given under penalty of perjury that the prisoner is unable to pay the fees or give security therefor;
provided that an appeal may not be taken in forma pauperis if the trial court certifies in writing that the appeal is not taken in good faith.
A copy of the complaint or claim in any suit, action, or proceeding shall accompany any application for in forma pauperis made under this subsection.
(b) If a prisoner brings a civil action or files an appeal of a civil or criminal judgment in forma pauperis that is not in compliance with subsection (a) or if the court denies the in forma pauperis application, the prisoner shall be required to pay the full amount of a filing fee, subject to subsection (c).
(c) In lieu of subsection (b), the court may assess and, when funds exist, collect, as a partial payment of any court filing fees required by law, an initial partial filing fee of twenty per cent of the greater of:
(1) The average monthly deposits to the prisoner's account; or
(2) The average monthly balance in the prisoner's account for the six-month period immediately preceding the filing of the complaint or notice of appeal.
After payment of the initial partial filing fee, the prisoner shall be required to make monthly payments of twenty per cent of the preceding month's income credited to the prisoner's account. The agency having custody of the prisoner shall forward payments from the prisoner's account to the clerk of the court each time the amount in the account exceeds $10 until the filing fees are paid. The filing fee collected shall not exceed the amount of fees permitted by statute for the commencement of a civil action or an appeal of a civil or criminal judgment.
(d) Any prisoner who has four or more of in forma pauperis civil actions or appeals dismissed by any state or federal court as frivolous or malicious, or for failure to state a claim, shall prepay the full filing fee as a precondition of proceeding with any further civil actions during the time the prisoner remains incarcerated, unless the prisoner is in imminent danger of serious physical, mental, or emotional injury; provided that the prepayment may be waived at the discretion of the court in the interest of justice.
This subsection shall not be interpreted to prohibit a prisoner from bringing a civil action or appealing a civil or criminal judgment for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee.
(e) Upon compliance with subsection (a) and the prepayment of any partial filing fee as may be required under subsection (c), the court may require the State to pay the following expenses if required by the appellate court and authorized by the administrative director of the courts:
(1) Printing the record on appeal; and
(2) Preparing a transcript of proceedings.
(f) Notwithstanding any payment of fees, the court shall dismiss the case at any time if the court determines that:
(1) The allegation of poverty is untrue; or
(2) The action or appeal:
(A) Is frivolous or malicious;
(B) Fails to state a claim on which relief may be granted; or
(C) Seeks monetary relief against a defendant who is immune from monetary relief.
(g) Judgment may be rendered for costs at the conclusion of the suit or action as in other proceedings, but the State shall not be liable for any of the costs incurred without regard to the outcome of the suit or action. If the State has paid the cost of a stenographic transcript or printed record for the prevailing party for purposes of an appeal, the cost shall be remitted in favor of the State if the State prevails. If the judgment against a prisoner includes the payment of costs under this subsection, the prisoner shall be required to pay the full amount of the costs ordered in the same manner as is provided for filing fees under subsection (b). In no event shall the costs collected exceed the amount of the costs ordered by the court.
(h) As used in this section, the term "prisoner" means any person incarcerated or detained in any facility who is accused of, convicted of, or sentenced for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or a diversionary program. The term does not apply to juveniles incarcerated at youth correctional facilities."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Prison Litigation
Description:
Imposes certain limitations and conditions on in forma pauperis prisoner lawsuits. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
