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Senate Study Bill 2154

Bill Text

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 court in which an affidavit of inability to pay has been
  1 33 filed may dismiss the an action or appeal that is subject to
  1 34 this chapter, in whole or in part, on a finding of either any
  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 consider whether the claim the
  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 facts as a previous
  2 27 claim 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.3  LOSS OF GOOD CONDUCT TIME PENALTIES.
  3  7    1.  If an action or appeal brought by an inmate or prisoner
  3  8 in state or federal court is determined to be malicious or
  3  9 filed solely to harass or if the inmate or prisoner testifies
  3 10 falsely or otherwise presents false evidence or information to
  3 11 the court in such an action dismissed 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 shall lose be 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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