Minnesota Session Laws - 1997, Regular Session

                             CHAPTER 33-S.F.No. 305 
                  An act relating to civil actions; modifying and 
                  clarifying provisions governing lawsuits by prison 
                  inmates; amending Minnesota Statutes 1996, sections 
                  244.035; and 563.02, subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 244.035, is 
        amended to read: 
           244.035 [SANCTIONS RELATED TO LITIGATION.] 
           The commissioner shall develop disciplinary sanctions to 
        provide infraction penalties for an inmate who submits a 
        frivolous or malicious claim as determined under section 563.02, 
        subdivision 3, or who is determined by the court to have 
        testified falsely or to have submitted false evidence to a 
        court.  Infraction penalties may include loss of privileges, 
        punitive segregation, loss of good time, or adding discipline 
        confinement time.  The determination of the commissioner 
        regarding disciplinary sanctions under this section is limited 
        to the nature and extent of the infraction penalty to be 
        imposed.  The commissioner is bound by the finding of the court 
        that the inmate submitted a frivolous or malicious claim, 
        testified falsely, or submitted false evidence. 
           Sec. 2.  Minnesota Statutes 1996, section 563.02, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DISMISSAL OF ACTION.] (a) The court may, as 
        provided by this subdivision, dismiss, in whole or in part, an 
        action in which an affidavit has been filed under section 563.01 
        by an inmate seeking to proceed as a plaintiff.  The action 
        shall be dismissed without prejudice on a finding that the 
        allegation of financial inability to pay fees, costs, and 
        security for costs is false.  The action shall be dismissed with 
        prejudice if it is frivolous or malicious.  The court shall 
        provide a copy of its order dismissing an action or claim under 
        this section to the commissioner of corrections. 
           (b) In determining whether an action is frivolous or 
        malicious, the court may consider whether: 
           (1) the claim has no arguable basis in law or fact; or 
           (2) the claim is substantially similar to a previous claim 
        that was brought against the same party, arises from the same 
        operative facts, and in which there was an action that operated 
        as an adjudication on the merits.  
           (c) An order dismissing the action or specific claims 
        asserted in the action may be entered before or after service of 
        process, and with or without holding a hearing. 
           (d) If the court dismisses a specific claim in the action, 
        it shall designate any issue and defendant on which the action 
        is to proceed without the payment of fees and costs.  An order 
        under this subdivision is not subject to interlocutory appeal. 
           (e) To determine whether the allegation of financial 
        inability to pay fees, costs, and security for costs is false or 
        whether the claim is frivolous or malicious, the court may: 
           (1) request the commissioner of corrections to file a 
        report under oath responding to the issues described in 
        paragraph (b), clause (1) or (2); 
           (2) order the commissioner of corrections to furnish 
        information on the balance in the inmate's inmate account, if 
        authorized by the inmate under subdivision 2; or 
           (3) hold a hearing at the correctional facility where the 
        inmate is confined on the issue of whether the allegation of 
        financial inability to pay is false, or whether the claim is 
        frivolous or malicious. 
           Presented to the governor April 14, 1997 
           Signed by the governor April 16, 1997, 10:12 a.m.