Provides relative to proceedings in forma pauperis for prisoners (EN SEE FISC NOTE LF RV)
Summary
HB 199 amends Louisiana law governing prisoners who seek to file civil lawsuits, appeals, or writ applications without prepaying court costs. The bill requires incarcerated prisoners to submit a certified six-month trust account statement, or the equivalent, from each facility where they were confined during that period. If a prisoner is no longer incarcerated when applying for pauper status, the bill instead requires an affidavit of present assets and supporting documentation under the general pauper procedure.
The bill also clarifies how filing fees are assessed and collected. Prisoners proceeding in forma pauperis must still pay the full filing fee over time through an initial partial payment and monthly installments equal to 20 percent of the prior month’s income credited to the prisoner’s account, with payments forwarded by the custodial agency when the account exceeds $10. If pauper status is denied, the prisoner must prepay costs or the case, appeal, or writ application is dismissed without prejudice, and the filing does not interrupt prescription. The bill further updates judicial screening rules so courts may not authorize service of a prisoner suit until the required pauper documentation has been satisfied.
Impact
HB 199 amends R.S. 15:1186 and 1188, which are part of Louisiana’s prisoner litigation and in forma pauperis framework. Its practical effect is to tighten and clarify the documentation and payment requirements for prisoners seeking fee waivers or installment payment plans in civil matters, while preserving the requirement that filing fees ultimately be paid. It affects incarcerated and formerly incarcerated prisoners, clerks of court, custodial agencies responsible for forwarding payments, and courts screening prisoner suits before service of process.
Sentiment
The bill appears to have been broadly supported and noncontroversial in the Legislature, passing the House 95-0, the Senate 37-0, and the House again 98-0 on concurrence. The unanimous votes suggest general agreement that the measure was a procedural clarification of prisoner filing requirements rather than a major policy dispute. No committee transcript was provided, so there is no recorded floor or committee debate to indicate significant opposition.
Contention
No specific points of contention are reflected in the available record. The main policy issue inherent in the bill is the balance between access to courts for prisoners and ensuring that filing fees are collected and that pauper status is supported by financial documentation. Any concern would likely come from those worried about barriers to prisoner litigation or, conversely, from those favoring stricter controls on prisoner filings, but the unanimous votes indicate no visible legislative split on those questions.