MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Corrections

By: Senator(s) Huggins

AN ACT TO AMEND SECTION 47-5-76, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS DOES NOT HAVE TO PAY CERTAIN COURT COSTS OF A PAUPER INMATE IF THE INMATE HAS FILED THREE OR MORE FRIVOLOUS LAWSUITS; TO LIMIT THE APPEAL OF SUCH LAWSUITS; TO REQUIRE AN INMATE TO PAY PART OF THE COURT COSTS IF INMATE HAD FUNDS IN HIS INMATE ACCOUNT WITHIN SIX MONTHS OF THE FILING OF THE LAWSUIT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 47-5-76, Mississippi Code of 1972, is amended as follows:

47-5-76. (1) (a) Except as provided in subsection (2) of this section, if an inmate plaintiff files a pauper's affidavit in a civil action and the defendant is an employee of the department and the civil action pertains to the inmate's condition of confinement, the department shall pay, out of any funds available for such purpose, all costs of court assessed against such inmate in such civil action, unless the inmate has on three (3) or more prior occasions, while incarcerated, brought an action or appeal that was dismissed on the grounds that it was frivolous, malicious or failed to state a claim upon which relief could be granted.

(b) In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding in forma pauperis if the prisoner has, on three (3) or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court that was dismissed on the grounds that it was frivolous, malicious or failed to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.

(2) Before any inmate who has or has had funds in his inmate account during the preceding six (6) months can file a civil action pertaining to the inmate's condition of confinement, or violation of his civil rights, except where the prisoner is under imminent danger of serious physical injury, the inmate shall pay at the time of filing to the circuit clerk, all filing fees and costs of said action or shall pay twenty percent (20%) of all funds in his inmate account over the last six (6) months, whichever is less. The department shall pay out of any funds available for such purpose the difference, if any, between the actual filing fees and costs and what the inmate actually pays to the circuit clerk if such action is filed against an employee of the Department of Corrections. If the lawsuit is dismissed as being frivolous, malicious or for failure to state a claim upon which relief could be granted, the inmate shall be required to pay all costs of court incurred.

SECTION 2. This act shall take effect and be in force from and after its passage.