MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Penitentiary

By: Representative Malone

AN ACT TO AMEND SECTION 47-5-76, MISSISSIPPI CODE OF 1972, TO MAKE A TECHNICAL REVISION IN THE LAW GOVERNING PAYMENT OF COURT COSTS BY OFFENDERS WHO FILE FRIVOLOUS LAWSUITS; 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) 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 the inmate in the civil action. However, the department shall not pay the costs of court if 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.

An inmate shall not 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, the inmate shall pay at the time of filing to the circuit clerk all filing fees and costs of the action or shall pay twenty percent (20%) of the total of all funds located in his inmate account over the six (6) months immediately preceding the date of filing, 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 the action is filed against an employee of the Department of Corrections. If the lawsuit is dismissed as being frivolous, the inmate shall be required to pay all costs of court that are incurred. The provisions of this subsection shall not apply if an inmate is under imminent danger of serious physical injury.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.