CERTIFICATION OF ENROLLMENT

SUBSTITUTE HOUSE BILL 1037



62nd Legislature
2011 Regular Session

Passed by the House March 3, 2011
  Yeas 98   Nays 0


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Speaker of the House of Representatives


Passed by the Senate April 20, 2011
  Yeas 47   Nays 0



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President of the Senate
CERTIFICATE

I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1037 as passed by the House of Representatives and the Senate on the dates hereon set forth.



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Chief Clerk
Approved 









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Governor of the State of Washington
FILED







Secretary of State
State of Washington


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SUBSTITUTE HOUSE BILL 1037
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Passed Legislature - 2011 Regular Session
State of Washington62nd Legislature2011 Regular Session

By House Judiciary (originally sponsored by Representatives Ross, Johnson, Bailey, Upthegrove, Hurst, Armstrong, Walsh, Hinkle, Angel, Warnick, Schmick, Short, Klippert, Dammeier, McCune, Fagan, Nealey, Blake, Ladenburg, Kristiansen, Pearson, Tharinger, and Moeller; by request of Attorney General)

READ FIRST TIME 02/01/11.   



     AN ACT Relating to restrictions on legal claims initiated by persons serving criminal sentences in correctional facilities; and adding a new section to chapter 4.24 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 4.24 RCW to read as follows:
     If a person serving a criminal sentence in a federal, state, local, or privately operated correctional facility seeks leave to proceed in state court without payment of filing fees in any civil action or appeal against the state, a state or local governmental agency or entity, or a state or local official, employee, or volunteer acting in such capacity, except an action that, if successful, would affect the duration of the person's confinement, the court shall deny the request for waiver of the court filing fees if the person has, on three or more occasions while incarcerated or detained in any such facility, brought an action or appeal that was dismissed by a state or federal court on grounds that it was frivolous or malicious. One of the three previous dismissals must have involved an action or appeal commenced after the effective date of this section. A court may permit the person to commence the action or appeal without payment of filing fees if the court determines the person is in imminent danger of serious physical injury.

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