SB 1369 Illinois Senate · 95th Regular Session

PRISON LITIGATION

Summary
Creates the Prison Litigation Reform Act. Provides that the court, on its own motion or on the motion of a party, shall dismiss any inmate suit relating to the conditions of confinement or the effects of actions by government officials on the lives of persons confined in prison if the court is satisfied that the action is frivolous, is malicious, seeks monetary relief from a defendant who is immune from such relief, or fails to state a cause of action based upon which relief can be granted. Provides that if the court makes a determination to dismiss a suit based on the content, or lack thereof, of the complaint, the court may dismiss the underlying claim without first requiring the exhaustion of administrative remedies. Provides that before service of process on the defendants, the court shall review the complaint in any civil action in which an inmate seeks redress from a governmental entity or officer or employee of a governmental entity. Provides that in any inmate suit in which attorney's fees are authorized, such fees shall be awarded only to the extent they were directly and reasonably incurred in proving an actual violation of the plaintiff's rights protected by a statute pursuant to which fees may be awarded, and the amount of the fee is proportionately related to the court-ordered relief for the violation or the fee was directly and reasonably incurred in enforcing the relief ordered for the violation. Provides that an inmate may not bring a civil action or appeal a judgment in a civil action or proceeding in forma pauperis if the inmate has, on 3 or more prior occasions while incarcerated or detained in any facility, brought an action or appeal in a State court that was dismissed on the grounds that it was frivolous or malicious, unless the inmate is in imminent danger of serious physical injury.
Bill status failed 3 of 5 stages cleared
Introduction
Mar 2007
Committee Review
May 2007
Senate Passage
Mar 2007
House Passage
Governor
Introduced Mar 21, 2007 Last action Jan 13, 2009
Floor votes · Senate Mar 21, 2007

How they voted

470
Passed
Total votes 47
Mar 21, 2007
D Democratic29
29 Yea
100% Yea
R Republican18
18 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
24
Key actions
3
Committee
7
May 31, 2007
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
May 18, 2007
Lower · Passed
Committee Deadline Extended-Rule 9(b) May 25, 2007
lower
Apr 30, 2007
Committee
Assigned to Prison Reform Committee
lower
Mar 22, 2007
Committee
Referred to Rules Committee
lower
Mar 21, 2007
Introduced
Arrived in House
lower
Mar 21, 2007
Senate · Passed
Senate Vote: pass (47-0)
senate
Mar 14, 2007
Upper · Passed
Do Pass Judiciary Criminal Law; 007-000-000
upper
Feb 21, 2007
Committee
Assigned to Judiciary Criminal Law
upper
Feb 9, 2007
Committee
Referred to Rules
upper
0 primary · 1 co-sponsor

Sponsors

No sponsor information available.