Chapter 657 Oregon Laws 1999

Session Law

AN ACT

HB 2256

Relating to actions filed by inmates against public bodies; creating new provisions; and amending ORS 21.605.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Definitions. As used in sections 1 to 6 of this 1999 Act:

(1) "Action against a public body" means a civil action, appeal or petition for review that names as a defendant a public body, as defined in ORS 30.260, or names as a defendant any officer, employee or agent of a public body, as defined in ORS 30.260. "Action against a public body" does not include petitions for writs of habeas corpus, petitions for writs of mandamus and petitions for post-conviction relief under ORS 138.510 to 138.680.

(2) "Correctional facility" means a Department of Corrections institution or a jail.

(3) "Inmate" means any person incarcerated or detained in any correctional facility who is accused of, convicted of or sentenced for a violation of criminal law or for the violation of the terms and conditions of pretrial release, probation, parole, post-prison supervision or diversion program.

SECTION 2. Waiver and deferral of fees and costs in action against public body by inmate. (1) If an inmate seeks to file an action against a public body, the fees and court costs of the inmate may be waived or deferred only in the manner provided by this section.

(2) Any inmate seeking waiver or deferral of fees or court costs must submit with the application required by ORS 21.605 a certified copy of the inmate's trust account statement for the six-month period immediately preceding the filing of the complaint, petition, notice of appeal or petition for review. The statement must be certified as correct by an official of each correctional facility in which the inmate was confined within the six-month period or by an employee of the Department of Corrections charged with the responsibility of overseeing inmate trust accounts.

(3) Upon the filing of a statement under subsection (2) of this section, the court shall review the information in the statement relating to deposits in the inmate's trust account and any other resources available to the inmate. The court may only waive the inmate's fees and court costs if the court determines that the inmate has no funds and will not have funds.

(4) If the court makes a determination that an inmate has or will have funds to pay fees and court costs, the court shall require full payment of the filing fees and court costs, or, if funds are not immediately available in the inmate's trust account, shall assess and collect filing fees and court costs as funds become available in the inmate's trust account.

(5) Nothing in this section shall be construed as preventing an inmate from bringing an action against a public body because the inmate has no assets or means by which to pay the initial partial filing fee as provided under this section.

SECTION 3. Waiver or deferral of fees after three dismissals of action. (1) Except as provided in subsection (2) of this section, the court may not waive or defer an inmate's fees or court costs under section 2 of this 1999 Act if the inmate has, on three or more prior occasions while incarcerated or detained in any correctional facility, filed an action against a public body in a court of this state that was dismissed on the grounds that the action:

(a) Was frivolous or malicious;

(b) Failed to state a claim upon which relief could be granted; or

(c) Sought monetary relief from a defendant who is immune from a claim for monetary relief.

(2) The court may waive or defer fees or court costs of an inmate who would not otherwise be eligible for waiver or deferral under subsection (1) of this section if the inmate establishes in the application required by ORS 21.605 that the inmate is in imminent danger of serious physical injury and the action against a public body is needed to seek relief from that danger.

SECTION 4. Payment of costs under judgment against inmate. (1) If an inmate files an action against a public body and a judgment is entered that requires the inmate to pay costs to the public body, the inmate must pay the full amount of the costs ordered.

(2) Payment for costs under this section shall be made by deductions from the income credited to the inmate's trust account.

SECTION 5. Dismissal of inmate action during proceedings. (1) If fees or court costs of an inmate have been waived or deferred under section 2 of this 1999 Act, a court shall dismiss the case if at any time the court determines that the inmate was in fact able to pay fees and court costs at the time the application for waiver or deferral was made under ORS 21.605.

(2) If an inmate's fees or court costs have been waived or deferred under section 2 of this 1999 Act, a court shall dismiss the case if at any time the court determines that each claim in the action, petition or appeal:

(a) Is frivolous or malicious;

(b) Fails to state a claim upon which relief may be granted, and the court denies leave to amend; or

(c) Seeks monetary relief against a defendant who is immune from a claim for monetary relief.

(3) Upon appeal of any dismissal under this section, the Court of Appeals on its own motion, or on the motion of the respondent, may summarily affirm the judgment of the trial court, with or without submission of briefs and without oral argument, if the Court of Appeals determines that the appeal does not present a substantial question of law. Notwithstanding ORS 2.570, the Chief Judge of the Court of Appeals may deny a respondent's motion for summary affirmance under this subsection or may grant the motion if the petitioner does not oppose the motion. A dismissal of an appeal under this subsection constitutes a decision on the merits of the case.

SECTION 6. Awards of noneconomic damages in inmate actions. Noneconomic damages, as defined in ORS 18.560, may not be awarded to an inmate in an action against a public body unless the inmate has established that the inmate suffered economic damages, as defined in ORS 18.560.

SECTION 7. ORS 21.605 is amended to read:

21.605. (1)(a) The Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals, a judge of a circuit or county court, the judge of the Oregon Tax Court or a justice of the peace may waive in whole or in part, defer in whole or in part, or both, all fees and court costs payable by a party to a particular civil action or proceeding in the court of the justice or judge, upon application by the party, if the justice or judge finds that the party is then unable to pay all or any part of the fees and costs. Waiver or deferral of an inmate's fees and court costs is subject to sections 1 to 6 of this 1999 Act.

(b) No fee shall be required for filing an application under paragraph (a) of this subsection.

(c) In the judgment or other final written disposition of the action or proceeding the court shall note the dollar amount of the fees and costs not waived and then unpaid, and that amount shall be a judgment in favor of the public body to which the fees and costs are owed. Failure of the court to perform the duty imposed by this paragraph does not otherwise affect the validity of the judgment or other final written disposition.

(d) The judgment or other final written disposition of the action or proceeding may also contain an order for the payment of the amount of the fees and costs not waived and then unpaid not later than a date certain or on the happening of one or more events. A default in payment by the person so ordered to pay shall subject the person to a contempt proceeding.

(e) A judgment or other final written disposition rendered under this subsection may be filed, entered and docketed as a judgment in any county in this state.

(2) If fees and court costs payable by a party to a civil action or proceeding have been waived or deferred under subsection (1) of this section, that party shall not be required to pay any fees or costs so waived or deferred except as provided in subsection (1) of this section and sections 1 to 6 of this 1999 Act, and any pleading, petition, application, request, motion, claim, demand, exception or other paper or appearance presented by that party for filing or acceptance in the action or proceeding shall be filed or accepted without the payment of any such fees or costs.

(3)(a) If fees and court costs payable by a party to a civil action or proceeding have been waived or deferred under subsection (1) of this section, the Chief Justice in an appeal to the Supreme Court pursuant to the original appellate jurisdiction of the court, the Chief Judge in an appeal to the Court of Appeals or a judge of a circuit court in an appeal to the circuit court may order that the expense of preparing the record and transcript on appeal be waived in whole or in part, deferred in whole or in part, or both. That expense, to the extent waived or deferred, shall be paid by the State Court Administrator out of funds appropriated for the purpose. Waiver or deferral of an inmate's expenses under this subsection is subject to sections 1 to 6 of this 1999 Act.

(b) If costs on appeal are awarded to a party who has obtained a waiver or deferral under paragraph (a) of this subsection, any portion of the costs awarded for the expense of preparing the record and transcript on appeal shall be ordered paid to the State Court Administrator to the extent of the expense waived or deferred and actually paid by the administrator.

(4) In any case in which fees and court costs have been waived or deferred under this section, a judgment or other final written disposition shall be rendered as in other cases, but the state shall not be liable for the payment of any fees or costs awarded against a party whose fees or costs have been waived or deferred.

(5) In the exercise of the authority granted by ORS 1.002, the Chief Justice of the Supreme Court may provide by rule standards and practices for waiver or deferral of fees, court costs and expense under this section.

SECTION 7a. If House Bill 2482 becomes law, section 7 of this 1999 Act (amending ORS 21.605) is repealed and ORS 21.605, as amended by section 4, chapter 367, Oregon Laws 1999 (Enrolled House Bill 2482), is amended to read:

21.605. (1)(a) The Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals, a judge of a circuit or county court, the judge of the Oregon Tax Court or a justice of the peace may waive in whole or in part, defer in whole or in part, or both, all fees and court costs payable by a party to a particular civil action or proceeding in the court of the justice or judge, upon application by the party, if the justice or judge finds that the party is unable to pay all or any part of the fees and costs. Waiver or deferral of an inmate's fees and court costs is subject to sections 1 to 6 of this 1999 Act.

(b) No fee shall be required for filing an application under paragraph (a) of this subsection.

(e) A judgment or other final written disposition rendered under this subsection may be filed, entered and docketed as a judgment in any county in this state.

(2) If fees and court costs payable by a party to a civil action or proceeding have been waived or deferred under subsection (1) of this section, that party shall not be required to pay any fees or costs so waived or deferred except as provided in subsection (1) of this section and sections 1 to 6 of this 1999 Act, and any pleading, petition, application, request, motion, claim, demand, exception or other paper or appearance presented by that party for filing or acceptance in the action or proceeding shall be filed or accepted without the payment of any such fees or costs.

(3)(a) In a civil action or proceeding, the court to which an appeal is taken may waive in whole or in part, defer in whole or in part, or partially waive and partially defer the expense of preparing a transcript on appeal, if:

(A) The party requesting the transcript is unable to pay the expense of preparing the transcript; and

(B) The party requesting the transcript makes a prima facie showing that the transcript is necessary to prosecute the appeal and would reveal reversible error in the action or proceeding.

(b) In any civil action or proceeding in which the court waives or defers any part of the expense of preparing a transcript on appeal, the court shall authorize preparation of only so much of the transcript as is necessary to prosecute the appeal.

(c) To the extent that the court waives or defers any part of the expense of preparing a transcript on appeal, the State Court Administrator shall pay the expense out of funds appropriated for that purpose.

(d) If the court defers payment of any part of the expense of preparing a transcript, and any part of the deferred expense remains unpaid at the conclusion of the appeal, the court may enter judgment against the party for the unpaid amounts in the manner provided by subsection (1) of this section.

(e) If costs on appeal are awarded to a party who has obtained a waiver or deferral under this subsection, any portion of the costs awarded for the expense of preparing the transcript on appeal shall be ordered paid to the State Court Administrator to the extent that the waived or deferred expense was paid by the State Court Administrator.

(f) Waiver or deferral of an inmate's expenses under this subsection is subject to sections 1 to 6 of this 1999 Act.

SECTION 8. Application. (1) Section 2 of this 1999 Act applies only to the waiver or deferral of fees and court costs for complaints, petitions, notices of appeal and petitions for review filed on or after the effective date of this 1999 Act.

(2) Section 3 of this 1999 Act applies only to the waiver or deferral of fees and court costs for complaints and petitions for review filed on or after the effective date of this 1999 Act. The court shall not consider a dismissal of an action against a public body entered by a court before the effective date of this 1999 Act in determining whether an inmate's fees and court costs may be waived or deferred under the provisions of section 3 of this 1999 Act.

(3) Sections 4 and 6 of this 1999 Act apply only to judgments entered against inmates in actions against public bodies on or after the effective date of this 1999 Act.

(4) Section 5 of this 1999 Act applies only to actions and proceedings commenced on or after the effective date of this 1999 Act.

SECTION 9. Section captions. The section captions used in this 1999 Act are provided only for convenience in locating provisions of this 1999 Act and do not become part of the statutory law of this state or express any legislative intent in the enactment of this 1999 Act.

Approved by the Governor July 13, 1999

Filed in the office of Secretary of State July 14, 1999

Effective date October 23, 1999

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