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Official Code of Georgia Annotated

Title 42. PENAL INSTITUTIONS · Chapter 12. PRISON LITIGATION REFORM

42-12-2. Legislative findings and determinations.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. The General Assembly makes the following findings and determinations:

  2. (1)

    The costs of litigation are rising dramatically. It is the responsibility of this body to seek out and adopt measures to rectify this situation. One source of the rise in litigation costs is frivolous prisoner lawsuits. Meritless lawsuits are being filed at an ever-increasing rate by prisoners who view litigation as a recreational exercise. To address the problems caused by the filing of nonmeritorious lawsuits and to relieve some of the burden placed on Georgia cities, counties, state agencies, the courts, and the Department of Corrections, this chapter is enacted.#

  3. (2)

    Before filing any sort of civil action, all citizens must evaluate the strengths of their claim in light of their own personal financial situation. Private individuals are forced to balance the strength of their case against the reality of court costs, filing fees, and the potential consequences of filing a frivolous or meritless lawsuit. Georgia’s prisoners currently face no such dilemma. In light of the fact that all prisoners’ needs are provided at city, county, or state expense, a prisoner cannot claim that his or her financial status or security would be compromised by a requirement to pay court costs and fees. To address this inequity, the General Assembly enacts this chapter.#

  4. (3)

    In forma pauperis status will continue to allow the filing of an action by a prisoner, thus providing the prisoner with the constitutional right to access to courts. Freezing of the prisoner’s inmate account will hold the prisoner responsible for court costs and fees by seizing any future deposits into the account.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 42-12-2, enacted by Ga. L. 1996, p. 400, § 1.

Code Commission notes

Pursuant to Code Section 28-9-5, in 1996, “is frivolous” was substituted for “are frivolous” in the second sentence of paragraph (1) and “county, or state” was substituted for “county or state” in the fourth sentence of paragraph (2).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t41-t42-(v29a)-2023-pdf.pdf, Volume V29A, 2023 edition, page 663; merge action: carried; file SHA-256 1e701a9ff15b.

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O.C.G.A. § 42-12-2. Legislative findings and determinations. | Georgia Commons