HB 547 Limitation of civil lawsuits by prisoners.
Terry G. Kilgore | all patrons    ...    notes
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Summary as passed: (all summaries)
Virginia Prisoner Litigation Reform Act. Creates a statutory scheme that prisoners must follow in order to file pro se civil actions for money damages or for injunctive, declaratory or mandamus relief. In order to proceed with a suit the prisoner must pay full filing fees and costs unless granted in forma pauperis status; grant of in forma pauperis status would permit payment of filing fees and costs in installments as directed by the court. If the prisoner has had no deposits in his inmate trust account for the six months preceding the filing of the action, prepayment of fees and costs are waived but will be taxed at the end of the case. In forma pauperis status must be denied if the prisoner has had three or more cases or appeals dismissed for being frivolous, malicious, or for failure to state a claim, unless the prisoner shows that he is in imminent danger of serious physical injury at the time of filing suit or it would be manifest injustice to deny such status. The prisoner's failure to state his claims in a written motion for judgment plainly stating facts sufficient to support his cause of action, accompanied by all necessary supporting documentation, is grounds for dismissal. The court must rule on initial dispositive motions on the record whenever possible rather than hold a hearing. The prisoner may not seek discovery until initial dispositive motions are ruled upon, and then only when he can demonstrate to the court that his requests are relevant and material to the issues in the case.

Full text:
01/09/02  House: Presented & ordered printed, prefiled 01/08/02 024320252  pdf | impact statement
02/09/02  House: Committee substitute printed 024876816-H1  pdf
03/04/02  Senate: Committee substitute printed 024760816-S1  pdf | impact statement
03/14/02  House: Bill text as passed House and Senate (HB547ER)  pdf | impact statement
04/17/02  House: Reenrolled bill text (HB547ER2)  pdf
04/18/02  Governor: Acts of Assembly Chapter text (CHAP0871)  pdf

Governor's recommendation

01/09/02  House: Presented & ordered printed, prefiled 01/08/02 024320252
01/09/02  House: Referred to Committee for Courts of Justice
02/08/02  House: Reported from C. J. with substitute (20-Y 2-N)
02/09/02  House: Committee substitute printed 024876816-H1
02/09/02  House: Read first time
02/11/02  House: Read second time
02/11/02  House: Committee substitute agreed to 024876816-H1
02/11/02  House: Engrossed by House - committee substitute 024876816-H1
02/12/02  House: Read third time and passed House (71-Y 27-N)
02/12/02  House: VOTE: PASSAGE (71-Y 27-N)
02/12/02  House: Communicated to Senate
02/13/02  Senate: Constitutional reading dispensed
02/13/02  Senate: Referred to Committee for Courts of Justice
03/04/02  Senate: Reported from Courts of Justice w/sub (11-Y 4-N)
03/04/02  Senate: Committee substitute printed 024760816-S1
03/05/02  Senate: Const. reading disp., passed by for the day (38-Y 0-N)
03/05/02  Senate: VOTE: CONST. RDG. DISPENSED R (38-Y 0-N)
03/06/02  Senate: Read third time
03/06/02  Senate: Reading of substitute waived
03/06/02  Senate: Committee substitute agreed to 024760816-S1
03/06/02  Senate: Engrossed by Senate - committee substitute 024760816-S1
03/06/02  Senate: Passed Senate with substitute (29-Y 11-N)
03/06/02  Senate: VOTE: PASSAGE (29-Y 11-N)
03/06/02  Senate: Rec. of Sen. passage agreed to by Senate (39-Y 1-N)
03/06/02  Senate: VOTE: RECONSIDER (39-Y 1-N)
03/06/02  Senate: Passed Senate with substitute (28-Y 12-N)
03/06/02  Senate: VOTE: PASSAGE (28-Y 12-N)
03/07/02  House: Placed on Calendar
03/07/02  House: Senate substitute agreed to by House (67-Y 4-N)
03/07/02  House: VOTE: ADOPTION (67-Y 4-N)
03/14/02  House: Bill text as passed House and Senate (HB547ER)
03/18/02  House: Enrolled
03/18/02  House: Signed by Speaker
03/19/02  Senate: Signed by President
04/08/02  House: Governor's recommendation received by House
04/17/02  House: Placed on Calendar
04/17/02  House: House concurred in Gov's recommendation (94-Y 5-N)
04/17/02  House: VOTE: ADOPTION (94-Y 5-N)
04/17/02  Senate: Senate concurred in Gov's recommendation (37-Y 2-N)
04/17/02  Senate: VOTE: ADOPT GOV. RECOMM. (37-Y 2-N)
04/17/02  Governor: Governor's recommendation adopted
04/17/02  House: Reenrolled
04/17/02  House: Reenrolled bill text (HB547ER2)
04/17/02  House: Signed by Speaker as reenrolled
04/17/02  Senate: Signed by President as reenrolled
04/17/02  House: Enacted, Chapter 871 (effective 7/1/02)
04/18/02  Governor: Acts of Assembly Chapter text (CHAP0871)