| Passed by the House March 3, 2011 Yeas 98 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 20, 2011 Yeas 47 BRAD OWEN ________________________________________ President of the Senate | 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. BARBARA BAKER ________________________________________ Chief Clerk | |
| Approved May 3, 2011, 2:06 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 4, 2011 Secretary of State State of Washington |
| State of Washington | 62nd Legislature | 2011 Regular Session |
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.