Text: SSB02153 Text: SSB02155 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 610.1, Code 1997, is amended by adding 1 2 the following new unnumbered paragraph: 1 3 NEW UNNUMBERED PARAGRAPH. Notwithstanding the provisions 1 4 of this section, the court shall deny the application and 1 5 affidavit of an inmate who has had three or more actions 1 6 dismissed pursuant to section 610A.2. Such inmate shall not 1 7 be permitted to proceed without prepayment of fees, cost, or 1 8 security pursuant to this chapter. 1 9 Sec. 2. Section 610A.1, subsection 1, Code 1997, is 1 10 amended by adding the following new paragraphs: 1 11 NEW PARAGRAPH. e. If the inmate has unsuccessfully 1 12 prosecuted three or more frivolous actions in the preceding 1 13 five-year period, the court may stay the proceeding in 1 14 accordance with section 617.16. 1 15 NEW PARAGRAPH. f. If the inmate has had three or more 1 16 actions dismissed pursuant to section 610A.2, the inmate shall 1 17 not be permitted to file an action pursuant to chapter 610. 1 18 Sec. 3. Section 610A.1, Code 1997, is amended by adding 1 19 the following new subsection: 1 20 NEW SUBSECTION. 3. Prior to docketing, if feasible, or 1 21 otherwise as soon as practicable after docketing, of any civil 1 22 case filed by a petitioner who is an inmate or prisoner, the 1 23 court shall screen the petition and dismiss on its own motion 1 24 any action or any portion of an action that the court is 1 25 satisfied is frivolous or malicious, fails to state a claim 1 26 upon which relief can be granted, or is otherwise subject to 1 27 dismissal under section 610A.2. 1 28 Sec. 4. Section 610A.2, subsections 1 and 2, Code 1997, 1 29 are amended to read as follows: 1 30 1. In addition to the penalty provided in section 610.5, 1 31 if applicable, or any other applicable penalty under the Code, 1 32 the courtin which an affidavit of inability to pay has been1 33filedmay dismissthean action or appeal that is subject to 1 34 this chapter, in whole or in part, on a finding ofeitherany 1 35 of the following: 2 1 a. The allegation of inability to pay asserted in an 2 2 accompanying affidavit is false. 2 3 b. The action, claim, defense, or appeal is frivolous or 2 4 malicious in whole or in part. 2 5 c. The inmate or prisoner has knowingly presented false 2 6 testimony or evidence, or has attempted to create or present 2 7 false testimony or evidence in support of the action, claim, 2 8 defense, or appeal. 2 9 d. The actions of the inmate or prisoner in pursuing the 2 10 action, claim, defense, or appeal constitute an abuse of the 2 11 discovery process. 2 12 2. In determining whether an action or appeal is frivolous 2 13 or malicious, the court may considerwhether the claimthe 2 14 following: 2 15 a. Whether the action, claim, defense, or appeal is 2 16 without substantial justification, or otherwise has no 2 17 arguable basis in law or fact, including that the action, 2 18 claim, defense, or appeal fails to state a claim upon which 2 19 relief could be granted, or the action, claim, defense, or 2 20 appeal cannot be supported by a reasonable argument for a 2 21 change in existing law. 2 22 b. Whether the action, claim, defense, or appeal is 2 23 substantially similar to a previous action, claim, defense, or 2 24 appeal, that was determined to be frivolous or malicious, 2 25 either in that it is brought against the same party or in that 2 26 the claim arises from the same operative factsas a previous2 27claim which was determined to be frivolous or malicious. 2 28 c. Whether the action, claim, defense, or appeal is 2 29 intended solely or primarily for harassment. 2 30 d. The fact that evidentiary support for the action, 2 31 claim, defense, or appeal is unavailable, or is not likely to 2 32 be discovered after investigation. 2 33 e. Whether the action, claim, defense, or appeal is 2 34 asserted with an improper purpose, including but not limited 2 35 to, causing an unnecessary expansion or delay in proceedings, 3 1 increasing the cost of proceedings, or harassing an opponent. 3 2 f. Whether the defendant is immune from providing the 3 3 relief sought. 3 4 Sec. 5. Section 610A.3, Code 1997, is amended to read as 3 5 follows: 3 6 610A.3LOSS OF GOOD CONDUCT TIMEPENALTIES. 3 7 1. If an action or appeal brought by an inmate or prisoner 3 8 in stateor federalcourt isdetermined to be malicious or3 9filed solely to harass or if the inmate or prisoner testifies3 10falsely or otherwise presents false evidence or information to3 11the court in such an actiondismissed pursuant to section 3 12 610A.2, or, if brought in federal court, is dismissed under 3 13 any of the principles enumerated in section 610A.2, the inmate 3 14 shalllosebe subject to the following penalties: 3 15 a. The loss of some or all of the good conduct time 3 16 credits acquired by the inmate or prisoner. Previous 3 17 dismissals under section 610A.2 may be considered in 3 18 determining the appropriate level of penalty. 3 19 b. If the inmate or prisoner has not yet acquired good 3 20 conduct time credits sufficient to meet the penalty, the order 3 21 of the court or the disciplinary hearing may apply the penalty 3 22 to credits to be earned in the future. 3 23 c. If the inmate or prisoner has no good conduct time 3 24 credits to deduct, or is not reasonably anticipated to earn 3 25 enough credits to satisfy the application of the penalty, or 3 26 if loss of good conduct time credits is not reasonably 3 27 anticipated to have an effect on the inmate or prisoner, the 3 28 order of the court or of the disciplinary hearing may also, or 3 29 in the alternative, deduct up to fifty percent of the average 3 30 balance of the inmate account under section 904.702 or of any 3 31 prisoner account. 3 32 2. The court may make an order deducting the credits or 3 33 the credits may be deducted pursuant to a disciplinary hearing 3 34 pursuant to chapter 903A at the facility at which the inmate 3 35 is held. 4 1 3. Credits deducted under this section cannot be restored 4 2 for any reason. 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 EXPLANATION 4 9 This bill amends the Code chapter relating to civil 4 10 lawsuits filed by prisoners and inmates. 4 11 The bill provides additional grounds for the court to 4 12 dismiss a complaint, claim, defense, or appeal by an inmate or 4 13 prisoner, in addition to the current grounds of a false 4 14 affidavit of inability to pay costs and fees and the filing of 4 15 a frivolous or malicious action. The court may also dismiss 4 16 claims if an inmate has knowingly presented or attempted to 4 17 create false evidence or testimony, or if the actions of the 4 18 inmate constitute an abuse of the discovery process. 4 19 The bill provides additional grounds for classifying an 4 20 action, claim, defense, or appeal as frivolous or malicious. 4 21 The court may consider whether the claim is without 4 22 substantial justification, or cannot be supported by a 4 23 reasonable argument for a change in existing law. The court 4 24 may consider whether the action is intended solely or 4 25 primarily for harassment, or whether it is asserted for some 4 26 improper purpose, including seeking to cause an unnecessary 4 27 expansion or delay in proceedings. The court may consider 4 28 whether the defendant is immune from providing the relief 4 29 requested. And, the court may consider the fact that 4 30 evidentiary support is unavailable and is unlikely to be 4 31 discovered after investigation. 4 32 A prisoner who brings an action that is dismissed under 4 33 these standards is subject to a loss of some or all good 4 34 conduct time credits acquired, including credits to be earned 4 35 in the future. In addition, or in the alternative, a state 5 1 inmate is subject to a loss of up to fifty percent of the 5 2 balance in the inmate's account. Credits deducted under these 5 3 provisions shall not be restored for any reason. 5 4 A prisoner who brings three or more frivolous actions 5 5 within five years is subject to the stay of proceedings, 5 6 pending prepayment or guarantee of costs applicable to all 5 7 civil litigants under Code section 617.16. In addition, a 5 8 prisoner who has had three actions dismissed will not be 5 9 permitted to file in forma pauperis, pursuant to Code chapter 5 10 610. This provision is modeled after a similar provision 5 11 added to federal law in 1996. 5 12 The bill also requires courts to screen prisoner petitions 5 13 either before docketing, or very soon thereafter, and to 5 14 dismiss any claims or actions according to the standards in 5 15 Code section 610A.2. 5 16 The bill has an immediate effective date and a severability 5 17 clause. 5 18 LSB 3693XC 77 5 19 jls/jl/8
Text: SSB02153 Text: SSB02155 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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