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17(2) If a prisoner brings an action or special proceeding related to prison or jail
18conditions, no costs may be allowed against the state, a state agency or a county, city,
19village or town, or against any individual defendant when sued in an official capacity.
SB388,26,25
20(3) If the prevailing party is the state, a state agency or a county, city, village
21or town or an individual in any action or special proceeding commenced by a prisoner
22related to prison or jail conditions, the prisoner shall pay the full costs allowed under
23this chapter. The prisoner shall be required to pay the costs out of any trust fund
24accounts that he or she holds in the same manner as payment is required for court
25fees under s. 814.29 (1m) (e).
SB388, s. 37
1Section
37. 814.29 (1) (a) of the statutes is amended to read:
SB388,27,72
814.29
(1) (a)
Any Except as provided in sub. (1m), any person may commence,
3prosecute or defend any action or
special proceeding in any court, or any writ of error
4or appeal therein, without being required to give security for costs or to pay any
5service or fee, upon order of the court based on a finding that because of poverty the
6person is unable to pay the costs of the action or
special proceeding, or any writ of
7error or appeal therein, or to give security for those costs.
SB388, s. 38
8Section
38. 814.29 (1m) of the statutes is created to read:
SB388,27,99
814.29
(1m) (a)
In this subsection:
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1. "Prisoner" has the meaning given in s. 801.02 (7) (a) 2.
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2. "Prison or jail conditions" has the meaning given in s. 801.02 (7) (a) 3.
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(b) If a prisoner makes a request for leave to commence or defend an action,
13special proceeding, writ of error or appeal without being required to prepay the fees
14or costs or without being required to give security for costs, the prisoner shall submit
15all of the following:
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1. The affidavit required under sub. (1) (b).
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2. An affidavit stating that the prisoner has paid all of the fees or costs
18previously assessed by a court for bringing an action or special proceeding, in state
19or federal court, that was dismissed on the grounds that the action or special
20proceeding was frivolous, malicious or failed to state a claim upon which relief may
21be granted.
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3. A certified copy of the trust fund account statement for the prisoner for the
236-month period immediately preceding the filing of the request for leave to
24commence or defend an action, special proceeding, writ of error or appeal, or for the
25period that the prisoner was incarcerated, imprisoned or detained, if that period is
1less than 6 months. The trust fund account statement must be obtained from the
2appropriate official at each facility in which the prisoner is or was incarcerated,
3imprisoned, confined or detained. "Trust fund account statement" includes accounts
4assessable to the prisoner before or upon release.
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(c) The court shall issue an order permitting the prisoner to commence or
6defend an action, special proceeding, writ of error or appeal without the prepayment
7of fees or costs or without being required to give security for costs if all of the following
8conditions are met:
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1. The court determines that the prisoner does not have assets or other means
10by which to pay the fees or costs or to give security for the costs after reviewing the
11information provided under par. (b).
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2. The prisoner has paid all of the fees or costs previously assessed by a state
13or federal court for bringing an action or special proceeding that was dismissed on
14the grounds that the action or special proceeding was frivolous, malicious or failed
15to state a claim upon which relief may be granted.
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3. The court orders that the fees or costs not paid are a debt owed the court by
17the prisoner.
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4. The prisoner authorizes in writing the agency having custody of the
19prisoner's prison trust fund account to forward payments from the prisoner's account
20to the clerk of court each time the amount in the account exceeds $10 until the fees
21or costs are paid in full.
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(d) If the court determines that the prisoner who made the affidavit does have
23assets in an account, whether accessible to the prisoner only upon release or before
24release, to pay part of the filing fees or costs, the court shall order the prisoner to pay
25an initial filing fee before being allowed to commence or defend an action, special
1proceeding, writ of error or appeal. The initial filing fee shall equal 20% of the greater
2of the following:
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1. The average monthly deposits to the prisoner's trust fund account.
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2. The average monthly balance in the prisoner's trust fund account for the
56-month period immediately preceding the filing of the request for leave to
6commence or defend an action, special proceeding, writ of error or appeal, or for the
7period that the prisoner was incarcerated, imprisoned or detained, if that period is
8less than 6 months.
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(e) After payment of the initial filing fee, the prisoner shall be required to make
10monthly payments of 20% of the preceding month's income that is credited to the
11prisoner's prison trust fund account. The agency having custody of the prisoner shall
12forward payments from the prisoner's account to the clerk of court each time the
13amount in the account exceeds $10 until the filing fees and costs are paid in full.
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(f) If the court believes that a prisoner is in imminent danger of serious physical
15harm, the court shall issue an order permitting the prisoner to commence or defend
16an action, special proceeding, writ of error or appeal without being required to submit
17the statement under par. (b) or prepaying the initial filing fee under par. (d).
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(g) Except as provided under par. (f), if a prisoner files an action, special
19proceeding, writ of error or appeal under this subsection without complying with the
20requirements under pars. (b) and (d), the court shall dismiss the action, special
21proceeding, writ of error or appeal without prejudice.
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(h) The custodian of the trust fund account of a prisoner shall provide the
23prisoner with the certified copy of the trust fund account statement required under
24par. (b) if the custodian determines that the prisoner requires that copy for submittal
25to a court under this subsection.
SB388, s. 39
1Section
39. 814.29 (3) (b) of the statutes is amended to read:
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814.29
(3) (b) If the affiant is a prisoner, as defined in s.
46.011 (2) 801.02 (7)
3(a) 2., or a person confined in a federal correctional institution located in this state,
4a request for leave to commence or defend an action,
special proceeding, writ of error
5or appeal without being required to pay fees or costs or to give security for costs
6constitutes consent as provided in par. (a), and, if the judgment is in favor of the
7opposing party, constitutes consent for the court to order the institution to deduct the
8unpaid fees and costs, including attorney fees listed in par. (a), from the amount in
9the inmate's account at
the any time the
judgment was rendered account has
10sufficient money to pay the unpaid fees and costs. This paragraph does not prevent
11the collection of the unpaid fees and costs by any other method.
SB388, s. 40
12Section
40. 893.16 (1) of the statutes is amended to read:
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893.16
(1) If a person entitled to bring an action is, at the time the cause of
14action accrues, either under the age of 18 years, except for actions against health care
15providers; or
insane, or imprisoned on a criminal charge mentally ill, the action may
16be commenced within 2 years after the disability ceases, except that where the
17disability is due to
insanity or imprisonment mental illness, the period of limitation
18prescribed in this chapter may not be extended for more than 5 years.
SB388, s. 41
19Section
41. 893.735 of the statutes is created to read:
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20893.735 Action by prisoner contesting a governmental decision. (1) In
21this section, "prisoner" has the meaning given in s. 801.02 (7) (a) 2.
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22(2) An action or special proceeding, including a petition for a common law writ
23of certiorari, made on behalf of a prisoner is barred unless commenced within 30 days
24after the cause of action accrues if that action or special proceeding concerns a
25decision or disposition under s. 801.02 (7) (b). The 30-day period shall begin on the
1date of the decision or disposition, except that the court may extend the period by as
2many days as the prisoner proves have elapsed between the decision or disposition
3and the prisoner's actual notice of the decision or disposition.
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4(3) In this section, a petition for a common law writ of certiorari is commenced
5at the time the prisoner files a petition for a common law writ of certiorari with a
6court.
SB388, s. 42
7Section
42. 893.82 (3) of the statutes is amended to read:
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893.82
(3) Except as provided in sub. (5m), no civil action or civil proceeding
9may be brought against any state officer, employe or agent for or on account of any
10act growing out of or committed in the course of the discharge of the officer's,
11employe's or agent's duties, and no civil action or civil proceeding may be brought
12against any nonprofit corporation operating a museum under a lease agreement with
13the state historical society, unless within 120 days of the event causing the injury,
14damage or death giving rise to the civil action or civil proceeding, the claimant in the
15action or proceeding serves upon the attorney general written notice of a claim
16stating the time, date, location and the circumstances of the event giving rise to the
17claim for the injury, damage or death and the names of persons involved, including
18the name of the state officer, employe or agent involved.
A Except as provided under
19sub. (3m), a specific denial by the attorney general is not a condition precedent to
20bringing the civil action or civil proceeding.
SB388, s. 43
21Section
43. 893.82 (3m) of the statutes is created to read:
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893.82
(3m) If the claimant is a prisoner, as defined in s. 801.02 (7) (a) 2., the
23prisoner may not commence the civil action or proceeding until the attorney general
24denies the claim or until 120 days after the written notice under sub. (3) is served
25upon the attorney general, whichever is earlier.
SB388, s. 44
1Section
44. 895.45 of the statutes is created to read:
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2895.45 Exemption from civil liability; attorney general opinion. Any
3legal entity included within the provisions of s. 893.80 and any officer, employe or
4agent included within the provisions of s. 893.80, 893.82 or 895.46 is immune from
5civil liability for damages for his or her acts or omissions committed in reasonable
6reliance upon a written opinion of the attorney general.
SB388, s. 45
7Section
45. 895.76 of the statutes is created to read:
SB388,32,11
8895.76 Limits on recovery by prisoners. A prisoner, as defined in s. 801.02
9(7) (a) 2., may not recover damages for mental or emotional injury unless the prisoner
10shows that he or she has suffered a physical injury as a result of the same incident
11that caused the mental or emotional injury.
SB388,32,1513
(1) This act first applies to civil actions, special proceedings, injunctions and
14petitions for a common law writ of certiorari pending on the effective date of this
15subsection.
SB388,32,1817
(1) This act takes effect on the first day of the 4th month beginning after
18publication.