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.
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))