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- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2002 SESSION
HB 547 Limitation of civil lawsuits by prisoners.
Introduced by: Terry G. Kilgore | all patrons ... notes | add to my profiles
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
AMENDMENTS
HISTORY
- 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)