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Senate approves bill limiting frivolous inmate lawsuits; courts may recoup fees from earnings
Summary
The Senate passed House Bill 374 to limit frivolous inmate litigation by allowing courts to require payment of filing fees over time from inmates' accounts while preserving waivers for indigent prisoners and permitting restitution access; the bill passed under suspension of the rules.
Senator Hilliard explained that House Bill 374 extends prior state law patterned on federal rules to reduce frivolous litigation filed by inmates. The sponsor said earlier state action reduced such filings by about 30 percent and that the federal law has reduced filings by roughly 60 percent.
"This bill just patterns the federal law to provide that if an inmate files a lawsuit, it's frivolous, the court can make them pay the fees," the sponsor told the Senate, while emphasizing indigent inmates remain eligible for fee waivers. The sponsor added an amendment to ensure that courts can access inmate funds for court‑ordered restitution.
Senators approved the amendment and then passed the bill under suspension of the rules by roll call. The Senate recorded 28 ayes, no nays and one absence; the bill will be returned to the House with the adopted amendment.
