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O.C.G.A. § 42-12-3 — Definitions | Georgia Code
O.C.G.A. § 42-12-3 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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.

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This Georgia Code resource is curated by the attorney maintaining this site, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.