1999 State of Wyoming 99LSO-0199
HOUSE BILL NO. HB0258
Prisoner Litigation Reform Act.
Sponsored by: Joint Appropriations Interim Committee
A BILL
for
1 AN ACT relating to civil procedure; creating the Prisoner
2 Litigation Reform Act; requiring payment of fees and costs
3 in prisoner civil litigation; requiring exhaustion of
4 administrative remedies; restricting the filing of civil
5 actions by certain inmates; providing exceptions; and
6 providing for an effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 1-44-101 through 1-44-106 are created
11 to read:
12
13 CHAPTER 44
14 PRISONER LITIGATION REFORM ACT
15
16 1-44-101. Short title; purpose.
17
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1 (a) This act shall be known and may be cited as the
2 "Prisoner Litigation Reform Act".
3
4 (b) The legislature finds that it is necessary to
5 protect the courts and citizens of this state from the
6 filing of repetitious and frivolous lawsuits by persons
7 incarcerated in a jail or prison.
8
9 1-44-102. Payment of fees and costs for prisoner
10 suits.
11
12 Persons incarcerated in a jail or prison shall pay in the
13 same manner, the same fees and costs as otherwise required
14 by law, for any suit or appeal brought in the courts of this
15 state which seeks money damages, injunctive or declaratory
16 relief, pursuant to state or federal statutes.
17
18 1-44-103. Exhaustion of administrative remedies.
19
20 The exhaustion of available administrative remedies shall be
21 required by the courts prior to allowing the filing of any
22 civil action by a person incarcerated in a jail or prison
23 who seeks to challenge the conditions of his confinement or
24 hold liable any person or governmental entity responsible
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1 for his incarceration or detention in a suit for money
2 damages, injunctive or declaratory relief.
3
4 1-44-104. Restriction on filing suits.
5
6 (a) Any person who while an inmate in any jail or
7 prison, has on three (3) or more occasions filed civil
8 actions for money damages, injunctive or declaratory relief
9 which have been found by a court to be frivolous, malicious
10 or subject to dismissal for failure to state a claim for
11 relief shall be barred from filing any new action or claim
12 without a prior court determination that the intended action
13 is not frivolous, malicious or subject to dismissal for
14 failure to state a claim.
15
16 (b) In determining the applicability of subsection (a)
17 of this section, civil actions filed prior to July 1, 1999,
18 shall be counted.
19
20 1-44-105. Exception for emergency actions.
21
22 Nothing in this act shall preclude any person incarcerated
23 in a jail or prison from bringing an action to prevent
24 imminent serious bodily injury or death. In such case the
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1 court may waive the initial payment of the filing fee and
2 arrange for its payment in installments.
3
4 1-44-106. No waiver of immunity.
5
6 Nothing in this act is intended to create any legal cause of
7 action or to waive any immunity or defense to which a
8 governmental entity, its officers or employees may otherwise
9 be entitled under law.
10
11 Section 2. This act is effective July 1, 1999.
12
13 (END)
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