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Senate File 2330

Partial Bill History

Bill Text

PAG LIN
  1  1                                             SENATE FILE 2330
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE FILING OF CIVIL LITIGATION BY PRISONERS AND
  1  5    PROVIDING AN EFFECTIVE DATE.
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  8 
  1  9    Section 1.  Section 610.1, Code 1997, is amended by adding
  1 10 the following new unnumbered paragraph:
  1 11    NEW UNNUMBERED PARAGRAPH.  Notwithstanding the provisions
  1 12 of this section, the court shall deny the application and
  1 13 affidavit of an inmate who has had three or more actions
  1 14 dismissed pursuant to section 610A.2.  Such inmate shall not
  1 15 be permitted to proceed without prepayment of fees, cost, or
  1 16 security pursuant to this chapter.
  1 17    Sec. 2.  Section 610A.1, subsection 1, Code 1997, is
  1 18 amended by adding the following new paragraphs:
  1 19    NEW PARAGRAPH.  e.  If the inmate has unsuccessfully
  1 20 prosecuted three or more frivolous actions in the preceding
  1 21 five-year period, the court may stay the proceeding in
  1 22 accordance with section 617.16.
  1 23    NEW PARAGRAPH.  f.  If the inmate has had three or more
  1 24 actions dismissed pursuant to section 610A.2, the inmate shall
  1 25 not be permitted to file an action pursuant to chapter 610.
  1 26    Sec. 3.  Section 610A.1, Code 1997, is amended by adding
  1 27 the following new subsection:
  1 28    NEW SUBSECTION.  3.  In any civil case filed by a
  1 29 petitioner who is an inmate or prisoner, the respondent may
  1 30 review the petition and, if applicable, file a pre-answer
  1 31 motion asserting, in addition to any other defense that must
  1 32 be asserted in such a motion under the rules of civil
  1 33 procedure, that the action or any portion of the action should
  1 34 be dismissed pursuant to this chapter because the action or
  1 35 any portion of the action is frivolous or malicious, fails to
  2  1 state a claim upon which relief can be granted, or is
  2  2 otherwise subject to dismissal under section 610A.2.
  2  3    Sec. 4.  Section 610A.2, subsections 1 and 2, Code 1997,
  2  4 are amended to read as follows:
  2  5    1.  In addition to the penalty provided in section 610.5,
  2  6 if applicable, or any other applicable penalty under the Code,
  2  7 the court in which an affidavit of inability to pay has been
  2  8 filed may dismiss the an action or appeal that is subject to
  2  9 this chapter, in whole or in part, on a finding of either any
  2 10 of the following:
  2 11    a.  The allegation of inability to pay asserted in an
  2 12 accompanying affidavit is false.
  2 13    b.  The action, claim, defense, or appeal is frivolous or
  2 14 malicious in whole or in part.
  2 15    c.  The inmate or prisoner has knowingly presented false
  2 16 testimony or evidence, or has attempted to create or present
  2 17 false testimony or evidence in support of the action, claim,
  2 18 defense, or appeal.
  2 19    d.  The actions of the inmate or prisoner in pursuing the
  2 20 action, claim, defense, or appeal constitute an abuse of the
  2 21 discovery process.
  2 22    2.  In determining whether an action or appeal is frivolous
  2 23 or malicious, the court may consider whether the claim the
  2 24 following:
  2 25    a.  Whether the action, claim, defense, or appeal is
  2 26 without substantial justification, or otherwise has no
  2 27 arguable basis in law or fact, including that the action,
  2 28 claim, defense, or appeal fails to state a claim upon which
  2 29 relief could be granted, or the action, claim, defense, or
  2 30 appeal cannot be supported by a reasonable argument for a
  2 31 change in existing law.
  2 32    b.  Whether the action, claim, defense, or appeal is
  2 33 substantially similar to a previous action, claim, defense, or
  2 34 appeal, that was determined to be frivolous or malicious,
  2 35 either in that it is brought against the same party or in that
  3  1 the claim arises from the same operative facts as a previous
  3  2 claim which was determined to be frivolous or malicious.
  3  3    c.  Whether the action, claim, defense, or appeal is
  3  4 intended solely or primarily for harassment.
  3  5    d.  The fact that evidentiary support for the action,
  3  6 claim, defense, or appeal is unavailable, or is not likely to
  3  7 be discovered after investigation.
  3  8    e.  Whether the action, claim, defense, or appeal is
  3  9 asserted with an improper purpose, including but not limited
  3 10 to, causing an unnecessary expansion or delay in proceedings,
  3 11 increasing the cost of proceedings, or harassing an opponent.
  3 12    f.  Whether the defendant is immune from providing the
  3 13 relief sought.
  3 14    Sec. 5.  Section 610A.3, Code 1997, is amended to read as
  3 15 follows:
  3 16    610A.3  LOSS OF GOOD CONDUCT TIME PENALTIES.
  3 17    1.  If an action or appeal brought by an inmate or prisoner
  3 18 in state or federal court is determined to be malicious or
  3 19 filed solely to harass or if the inmate or prisoner testifies
  3 20 falsely or otherwise presents false evidence or information to
  3 21 the court in such an action dismissed pursuant to section
  3 22 610A.2, or, if brought in federal court, is dismissed under
  3 23 any of the principles enumerated in section 610A.2, the inmate
  3 24 shall lose be subject to the following penalties:
  3 25    a.  The loss of some or all of the good conduct time
  3 26 credits acquired by the inmate or prisoner.  Previous
  3 27 dismissals under section 610A.2 may be considered in
  3 28 determining the appropriate level of penalty.
  3 29    b.  If the inmate or prisoner has no good conduct time
  3 30 credits to deduct, the order of the court or the disciplinary
  3 31 hearing may deduct up to fifty percent of the average balance
  3 32 of the inmate account under section 904.702 or of any prisoner
  3 33 account.
  3 34    2.  The court may make an order deducting the credits or
  3 35 the credits may be deducted pursuant to a disciplinary hearing
  4  1 pursuant to chapter 903A at the facility at which the inmate
  4  2 is held.
  4  3    Sec. 6.  EFFECTIVE DATE.  This Act, being deemed of
  4  4 immediate importance, takes effect upon enactment.
  4  5    Sec. 7.  SEVERABILITY.  If this Act, or any portion of this
  4  6 Act, is held to be unconstitutional, the remainder of this Act
  4  7 shall remain in effect to the fullest extent possible.  
  4  8 
  4  9 
  4 10                                                             
  4 11                               MARY E. KRAMER
  4 12                               President of the Senate
  4 13 
  4 14 
  4 15                                                             
  4 16                               RON J. CORBETT
  4 17                               Speaker of the House
  4 18 
  4 19    I hereby certify that this bill originated in the Senate and
  4 20 is known as Senate File 2330, Seventy-seventh General Assembly.
  4 21 
  4 22 
  4 23                                                             
  4 24                               MARY PAT GUNDERSON
  4 25                               Secretary of the Senate
  4 26 Approved                , 1998
  4 27 
  4 28 
  4 29                         
  4 30 TERRY E. BRANSTAD
  4 31 Governor
     

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