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HI HB2238

Bill

Status

Introduced

1/23/2014

Primary Sponsor

Joseph Souki

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • 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).

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Public Safety1/27/2014

Full Bill Text

No bill text available