Bill Status of HB 3793   94th General Assembly


Short Description:  INMATE LAWSUITS ACT

House Sponsors
Rep. Brandon W. Phelps

Last Action  View All Actions

DateChamber Action
  1/9/2007HouseSession Sine Die

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Inmate Civil Lawsuit Act. Provides that prospective relief in any civil action with respect to prison conditions shall extend no further than necessary to correct the violation of the State right of a particular plaintiff or plaintiffs. Provides that the court shall not grant or approve any prospective relief unless the court finds that the relief is narrowly drawn, extends no further than necessary to correct the violation of the State right, and is the least intrusive means necessary to correct the violation of the State right. Provides that the court shall give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. Provides that the court shall not order any prospective relief that requires or permits a government official to exceed his or her authority under State or local law or otherwise violates State or local law unless State law permits the relief to be ordered, and the relief is necessary to correct the violation of a State right, and no other relief will correct the violation of the State right. Provides that an inmate suit may not assert a claim under State law until the administrative remedies that are available are exhausted. Provides that if an inmate suit is filed in contravention of this provision, the court shall dismiss the suit without prejudice. Effective immediately.

Actions 
DateChamber Action
  2/25/2005HouseFiled with the Clerk by Rep. Brandon W. Phelps
  2/25/2005HouseFirst Reading
  2/25/2005HouseReferred to Rules Committee
  3/1/2005HouseAssigned to Executive Committee
  3/10/2005HouseRule 19(a) / Re-referred to Rules Committee
  1/9/2007HouseSession Sine Die

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