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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 O.C.G.A. § 42-12-3

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Jones v. Townsend, 480 S.E.2d 24 (Ga. 1997).

Cited 190 times | Published | Supreme Court of Georgia | Feb 3, 1997 | 267 Ga. 489, 97 Fulton County D. Rep. 354

...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. [3] The Act specifically excludes from its scope criminal appeals and habeas corpus actions. OCGA § 42-12-3(1).
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Smith v. Nichols, 512 S.E.2d 279 (Ga. 1999).

Cited 20 times | Published | Supreme Court of Georgia | Feb 22, 1999 | 270 Ga. 550, 99 Fulton County D. Rep. 745

...relief. [2] One is subject to the PLRA if one is a "prisoner," statutorily defined as "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." OCGA § 42-12-3(4)....
...roceeding filed by a prisoner, and failure to follow the appropriate procedure results in dismissal of the appeal. Jones v. Townsend, 267 Ga. 489, 480 S.E.2d 24 (1997). A petition for a writ of habeas corpus is expressly exempted from the PLRA. OCGA § 42-12-3(1)(A)....
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Brown v. Crawford, 715 S.E.2d 132 (Ga. 2011).

Cited 11 times | Published | Supreme Court of Georgia | Sep 12, 2011 | 289 Ga. 722

...One habeas court denied the petition filed by Freeman, and he filed a direct appeal. Another habeas court granted the petition filed by Crawford, and DeKalb County Sheriff Thomas Brown filed a direct appeal. Subsequently, recognizing that Freeman and Crawford both qualify as prisoners pursuant to OCGA § 42-12-3(4), this Court ordered that the two above-styled cases be consolidated for purposes of appeal and requested that the parties address the issue of whether the holding in Smith v. Nichols, 270 Ga. 550, 552(1), 512 S.E.2d 279 (1999), that the final order in a pre-trial habeas corpus action filed by a prisoner is directly appealable, was effectively abrogated by the amendment to OCGA § 42-12-3(1) in Ga....
...ndered on a post-trial petition for writ of habeas corpus. In 1999, just a few months after the Nichols decision, the General Assembly amended the Act to remove the exemption for habeas corpus filings from several of its provisions. The amended OCGA § 42-12-3(1) reads as follows: 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...
...ome by discretionary application." Id. But this reading seemingly overlooks the definition of "action" (indeed, Barber never mentions the definition), which only includes "civil lawsuit[s], action[s], or proceeding[s] ... filed by a prisoner. " OCGA § 42-12-3(1) (emphasis added)....