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2018 Georgia Code 42-12-3 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 42-12-3 Case Law from Google Scholar Amendments to OCGA 42-12-3

TITLE 42 PENAL INSTITUTIONS

Section 12. Prison Litigation Reform, 42-12-1 through 42-12-9.

ARTICLE 5 FEES

42-12-3. Definitions.

As used in this chapter, the term:

  1. "Action" means any civil lawsuit, action, or proceeding, including an appeal, filed by a prisoner but shall not include an appeal of a criminal proceeding; provided, however, that the provisions of Code Sections 42-12-4 through 42-12-7 shall not apply to petitions for writ of habeas corpus.
  2. "Court costs and fees" means the initial filing fee set by the clerk of court and all fees incident to service of the lawsuit or amendments.
  3. "Indigent prisoner" means a prisoner who has insufficient funds in the prisoner's inmate account at the time of filing to pay the appropriate filing fee.
  4. "Prisoner" means a person 17 years of age or older who has been convicted of a crime and is presently incarcerated or is being held in custody awaiting trial or sentencing.

(Code 1981, §42-12-3, enacted by Ga. L. 1996, p. 400, § 1; Ga. L. 1999, p. 847, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, a comma was deleted following "prisoner" in the introductory language of paragraph (1).

Law reviews.

- For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 219 (1999).

JUDICIAL DECISIONS

Cited in Coles v. State, 223 Ga. App. 491, 477 S.E.2d 897 (1996); In re K.W., 233 Ga. App. 140, 503 S.E.2d 394 (1998).

RESEARCH REFERENCES

ALR.

- Validity, construction, and application of State Prison Litigation Reform Acts, 85 A.L.R.6th 229.

Cases Citing Georgia Code 42-12-3 From Courtlistener.com

Total Results: 3

Brown v. Crawford

Court: Supreme Court of Georgia | Date Filed: 2011-09-12

Citation: 715 S.E.2d 132, 289 Ga. 722

Snippet: Crawford both qualify as prisoners pursuant to OCGA § 42-12-3 (4), this Court ordered that the two above-styled

Smith v. Nichols

Court: Supreme Court of Georgia | Date Filed: 1999-02-22

Citation: 512 S.E.2d 279, 270 Ga. 550, 99 Fulton County D. Rep. 745, 1999 Ga. LEXIS 167

Snippet: custody awaiting trial or sentencing." OCGA § 42-12-3(4). On January 28, appellant was released on bond

Jones v. Townsend

Court: Supreme Court of Georgia | Date Filed: 1997-02-03

Citation: 480 S.E.2d 24, 267 Ga. 489, 97 Fulton County D. Rep. 354, 1997 Ga. LEXIS 34

Snippet: criminal appeals and habeas corpus actions. OCGA § 42-12-3(1).