HLS 25RS-844 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 199
BY REPRESENTATIVE EDMONSTON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CORRECTIONS/PRISONERS: Provides relative to proceedings in forma pauperis for
prisoners
1 AN ACT
2To amend and reenact R.S. 15:1186(A) and (B)(1) and 1188(B)(2), relative to civil claims
3 of prisoners; to provide relative for proceeding in forma pauperis; to provide for
4 procedural requirements; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 15:1186(A) and (B)(1) and 1188(B)(2) are hereby amended and
7reenacted to read as follows:
8 §1186. Proceedings in forma pauperis
9 A.(1) A prisoner who seeks to bring a civil action or file an appeal or writ
10 application in a civil action without prepayment of fees or security must shall comply
11 with all requirements for proceeding in forma pauperis except for Code of Civil
12 Procedure Article 5183(A)(2).
13 (2)(a) and A prisoner who is incarcerated in any prison at the time of his
14 application to proceed in forma pauperis shall submit a certified copy of the trust
15 fund account statement or institutional equivalent for the six-month period
16 immediately preceding the filing of the petition, notice of appeal, or writ application
17 obtained from the appropriate official of each prison at which where the prisoner is
18 or was confined. If the prisoner was incarcerated for less than six months at the time
19 of his application to proceed in forma pauperis, his account shall be limited to the
20 period of incarceration.
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 199
1 (b) A prisoner who is no longer incarcerated in any prison at the time of his
2 application to proceed in forma pauperis shall submit a certified copy of his trust
3 fund account statement or institutional equivalent for the six-month period
4 immediately preceding the filing of the petition, notice of appeal, or writ application.
5 If the prisoner was released less than six months before his application to proceed
6 in forma pauperis, his account shall be limited to the period between his release and
7 the application to proceed in forma pauperis.
8 (2) (3) If a prisoner brings a civil action or files an appeal or writ application
9 in forma pauperis as authorized by Paragraph (A)(1) of this Section, the prisoner
10 shall still be required to pay the full amount of a filing fee. The court shall assess
11 and, when funds exist, collect, as a partial payment of any court fees required by law,
12 an initial partial filing fee of twenty percent of the greater of the average monthly
13 deposits to the prisoner's account, or the average monthly balance in the prisoner's
14 account for the six-month period immediately preceding the filing of the petition,
15 notice of appeal, or writ application.
16 (3) (4) If a prisoner brings a civil action, files an appeal, or files a writ
17 application in which the prisoner is not allowed to proceed as a pauper, the prisoner
18 must shall pay the required costs in advance. If the prisoner does not pay the costs
19 in advance, the civil action, appeal, or writ application shall be dismissed without
20 prejudice. If the action is dismissed pursuant to this Paragraph, the filing of the suit
21 shall not be considered an interruption of prescription for purposes of Civil Code
22 Article 3463.
23 B.(1) After payment of the initial partial filing fee, as required by Paragraph
24 (A)(2) (A)(3) of this Section, the prisoner shall be required to make monthly
25 payments of twenty percent of the preceding month's income credited to the
26 prisoner's account. The agency having custody of the prisoner shall forward
27 payments from the prisoner's account to the clerk of the court each time the amount
28 in the account exceeds ten dollars until the filing fees are paid. In no event shall the
29 filing fee collected exceed the amount of fees permitted by statute law.
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HB NO. 199
1 (a) If the prisoner is incarcerated in a prison, the order granting pauper status
2 shall direct the agency having custody of the prisoner to forward payments from the
3 prisoner's account to the clerk of court each time the amount in the account exceeds
4 ten dollars until the filing fees are paid.
5 (b) If the prisoner is not incarcerated, the prisoner shall forward the
6 payments to the clerk of court whenever the amount in his possession exceeds ten
7 dollars until the filing fees are paid.
8 * * *
9 §1188. Judicial screening and service of process
10 * * *
11 B. A court shall not authorize or permit service of a prisoner suit until
12 compliance with both of the following:
13 * * *
14 (2) The provisions of R.S. 15:1186(A)(1), and (2), and (3) have been
15 satisfied, if the plaintiff is proceeding in forma pauperis.
16 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 199 Original 2025 Regular Session Edmonston
Abstract: Provides relative to in forma pauperis proceedings for prisoners.
Present law (R.S. 15:1186) provides for in forma pauperis proceedings for prisoners.
Proposed law retains present law.
Present law (R.S. 15:1186(A)(2)) provides that if a prisoner brings a civil action or files an
appeal or writ application in forma pauperis as authorized by present law, the prisoner shall
still be required to pay the full amount of a filing fee.
Present law further provides that the court shall assess and, when funds exist, collect, as a
partial payment of any court fees required by law, an initial partial filing fee of 20% of the
greater of the average monthly deposits to the prisoner's account, or the average monthly
balance in the prisoner's account for the six-month period immediately preceding the filing
of the petition, notice of appeal, or writ application.
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HB NO. 199
Proposed law amends present law to provide that a prisoner who is incarcerated in any
prison at the time of his application to proceed in forma pauperis shall submit a certified
copy of the trust fund account statement or institutional equivalent for the six-month period
immediately preceding the filing of the petition, notice of appeal, or writ application
obtained from the appropriate official of each prison where the prisoner is confined.
Proposed law provides that if the prisoner was incarcerated for less than six months at the
time of his application to proceed in forma pauperis, his account shall be limited to the
period of incarceration.
Proposed law provides that a prisoner who is no longer incarcerated in any prison at the time
of his application to proceed in forma pauperis shall submit a certified copy of his trust fund
account statement or institutional equivalent for the six-month period immediately preceding
the filing of the petition, notice of appeal, or writ application.
Proposed law provides that if the prisoner was released less than six months before his
application to proceed in forma pauperis, his account shall be limited to the period between
his release and the application to proceed in forma pauperis.
Present law (R.S. 15:1186(B)) provides for payment of filing fees by prisoners.
Proposed law retains present law and provides that if the prisoner is incarcerated in a prison,
the order granting pauper status shall direct the agency having custody of the prisoner to
forward payments from the prisoner's account to the clerk of court each time the amount in
the account exceeds $10 until the filing fees are paid.
Proposed law further provides that if the prisoner is not incarcerated, the prisoner shall
forward the payments to the clerk of court whenever the amount in his possession exceeds
$10 until the filing fees are paid.
Present law (R.S. 15:1188) provides for judicial screening and service of process.
Proposed law retains present law and amends a cross-reference.
(Amends R.S. 15:1186(A) and (B)(1) and 1188(B)(2))
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are additions.