S.B. 516

VETOES

(3)      ON RECEIPT OF A PRISONER'S INITIAL COMPLAINT THAT DOES NOT
HAVE ATTACHED TO IT PROOF THAT THE PRISONER HAS FULLY EXHAUSTED THE
ADMINISTRATIVE REMEDIES AVAILABLE, THE COURT SHALL DISMISS THE CASE
WITHOUT PREJUDICE AND GRANT THE PRISONER REASONABLE LEAVE TO AMEND
THE COMPLAINT AND TO PROVIDE THE PROOF NECESSARY TO DEMONSTRATE THAT
THE PRISONER HAS FULLY EXHAUSTED THE ADMINISTRATIVE REMEDIES.

(C) A COURT SHALL DISMISS A CIVIL ACTION IF THE PRISONER FILING THE
ACTION HAS NOT COMPLETELY EXHAUSTED THE ADMINISTRATIVE REMEDIES.

5-504.

(A) (1) PRIOR TO SERVICE OF PROCESS OF THE PRISONER'S CIVIL ACTION,
THE COURT SHALL REVIEW THE PRISONER'S INITIAL COMPLAINT AND IDENTIFY
ANY COGNIZABLE CLAIMS.

(2) (B) AFTER REVIEWING THE PRISONER'S COMPLAINT, THE COURT
MAY DISMISS THE CIVIL ACTION, OR ANY PORTION THEREOF, WITH OR WITHOUT
PREJUDICE, IF IT FINDS THAT THE CIVIL ACTION:

(I) (1) IS FRIVOLOUS, MALICIOUS, OR FAILS TO STATE A CLAIM
FOR WHICH RELIEF CAN BE GRANTED;

(II) (2) SEEKS MONETARY DAMAGES FROM A DEFENDANT WHO
IS IMMUNE FROM SUCH RELIEF; OR

(III) (3) IS BARRED UNDER § 5-503(A) OF THIS SUBTITLE.

(3) (C) AN ORDER OF DISMISSAL UNDER PARAGRAPH (2)(I) OR (II) OF
TIBS SUBSECTION SUBSECTION (B)(1) OR (2) OF THIS SECTION MAY BE ISSUED
WITHOUT FIRST REQUIRING PROOF OF EXHAUSTION.

(4)      (I) THE DISMISSAL OF A CIVIL ACTION UNDER THIS SECTION DOES
NOT INVALIDATE THE PRISONER'S CONSENT FOR THE COURT TO COLLECT ITS
FILING FEES UNDER § 5-502 OF THIS SUBTITLE AND MAY NOT ABATE THE
OBLIGATION OF THE PRISONER FOR FULL PAYMENT OF FEES.

(II) IF THE PRISONER HAS CONSENTED TO PAYMENT AND
COLLECTION OF THE COURT'S FILING FEE UNDER § 5-502 OF THIS SUBTITLE, THE
CLERK AND THE CUSTODIAN SHALL CONTINUE WITH THE COLLECTION PROCESS
DESCRIBED IN § 5-502 OF THIS SUBTITLE, UNTIL THE FULL FILING FEE OF THE COURT
IS PAID, NOTWITHSTANDING THE COURT'S DISMISSAL OF THE PRISONER'S CIVIL
ACTION.

(5) THE COURT MAY PERFORM THE JUDICIAL SCREENING PROCESS
DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION BEFORE FULL PAYMENT HAS
BEEN RECEIVED.

(B) (1) A PRISONER WHO HAS FILED THREE OR MORE CIVIL ACTIONS THAT
HAVE BEEN DECLARED TO BE FRIVOLOUS BY ANY STATE OR FEDERAL COURT MAY
NOT FILE ANY FURTHER CIVIL ACTIONS WITHOUT LEAVE OF COURT.

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