1999 State of Wyoming 99LSO-0199
HOUSE BILL NO. HB0258 [SUBSTITUTE NO. 1]
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 1-44-108 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 No action shall be brought by a prisoner with respect to
21 conditions of his confinement or to hold any person or
22 governmental entity responsible for his incarceration or
23 detention in a suit for money damages or injunctive or
24 declaratory relief until all available administrative
25 remedies have been exhausted.
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1
2 1-44-104. Restriction on filing suits.
3
4 (a) Any person who while an inmate in any jail or
5 prison, has on three (3) or more occasions filed civil
6 actions for money damages, injunctive or declaratory relief
7 which have been found by a court to be frivolous, malicious
8 or subject to dismissal for failure to state a claim for
9 relief shall be barred from filing any new action or claim
10 without a prior court determination that the intended action
11 is not frivolous, malicious or subject to dismissal for
12 failure to state a claim.
13
14 (b) In determining the applicability of subsection (a)
15 of this section, civil actions filed prior to July 1, 1999,
16 shall be counted.
17
18 1-44-105. Exception for emergency actions.
19
20 Nothing in this act shall preclude any person incarcerated
21 in a jail or prison from bringing an action to prevent
22 imminent serious bodily injury or death. In such case the
23 court may waive the initial payment of the filing fee and
24 arrange for its payment in installments.
25
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1 1-44-106. Payment of damage award in satisfaction of
2 pending restitution orders.
3
4 Any compensatory damages awarded to a prisoner in connection
5 with a civil action brought against any federal, state or
6 local jail, prison or correctional facility or against any
7 official or agent of such jail, prison or correctional
8 facility shall be paid in accordance with W.S. 7-16-205(a).
9 The remainder of any such award after full payment of all
10 pending restitution orders shall be forwarded to the
11 prisoner's account.
12
13 1-44-107. Notice to crime victims of pending damage
14 award.
15
16 Prior to payment of any compensatory damages awarded to a
17 prisoner in connection with a civil action brought against
18 any federal, state or local jail, prison or correctional
19 facility or against any official or agent of such jail,
20 prison or correctional facility reasonable efforts shall be
21 made to notify the victims of the crime for which the
22 prisoner was convicted and incarcerated concerning pending
23 payment of any such compensatory damages.
24
25 1-44-108. No waiver of immunity.
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1
2 Nothing in this act is intended to create any legal cause of
3 action or to waive any immunity or defense to which a
4 governmental entity, its officers or employees may otherwise
5 be entitled under law.
6
7 Section 2. This act is effective July 1, 1999.
8
9 (END)
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