BILL REQ. #: S-1451.1
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/21/11.
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
the 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 the payment of filing
fees if the court determines the person is in imminent danger of
serious physical or psychological injury.