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HI HB2238
Bill
Status
1/23/2014
Primary Sponsor
Joseph Souki
Click for details
AI Summary
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Adds new section §607 to Hawaii Revised Statutes establishing procedures for prisoners to file civil suits and appeals in forma pauperis (without prepayment of fees).
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Requires prisoners seeking in forma pauperis status to submit certified financial statements covering the previous six months and an affidavit declaring inability to pay court fees.
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Establishes a payment schedule where prisoners must pay 20% of average monthly deposits or account balance as initial partial filing fee, followed by monthly payments of 20% of preceding month's income until fees are paid.
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Prohibits in forma pauperis filings for prisoners with four or more previous in forma pauperis actions dismissed as frivolous, malicious, or for failure to state a claim, unless in imminent danger of serious harm; courts may waive this requirement in the interest of justice.
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Authorizes courts to dismiss cases at any time if poverty claim is false or if the action is frivolous, malicious, fails to state a claim, or seeks relief from an immune defendant; requires prisoners to pay full filing fees and costs in the same manner as partial fees.
Legislative Description
Prison Litigation
Last Action
Referred to PBS, JUD, referral sheet 6
1/27/2014