House Bill No. by Representative Edmonston amends existing laws regarding in forma pauperis proceedings for prisoners, specifically focusing on the requirements for filing civil actions or appeals without prepayment of fees. The bill stipulates that prisoners must comply with all procedural requirements for proceeding in forma pauperis, with the exception of a specific provision in the Code of Civil Procedure. It introduces new requirements for prisoners to submit certified copies of their trust fund account statements for the six-month period preceding their application, whether they are currently incarcerated or have been released. If a prisoner has been incarcerated for less than six months, the account statement will only cover the period of incarceration.
Additionally, the bill clarifies the payment of filing fees, stating that prisoners must still pay the full amount of the filing fee, with an initial partial payment based on their account activity. It specifies that if a prisoner is incarcerated, the agency in charge must forward payments to the court, while non-incarcerated prisoners must do so themselves. The bill also updates cross-references in the law to ensure consistency with these new provisions. Overall, the proposed changes aim to streamline the process for prisoners seeking to file civil actions while ensuring that the financial responsibilities associated with such filings are clearly defined.
Statutes affected: HB199 Original: 15:1186(A), 15:1188(B)(2)