Section 42-12-6. Determination as to whether prisoner's action frivolous

   Upon the dismissal of a prisoner action or upon the entry of judgment in favor of the responding party, the court shall make a finding as to whether the prisoner's action was frivolous. The court may award reasonable costs and attorney's fees to defendants or respondents if the court finds that:

   (1) Any material allegation in the prisoner's in forma pauperis affidavit is false; or

   (2) The action or any part of the action is malicious or frivolous as defined in Code Section 9-15-14.

Code 1981, § 42-12-6, enacted by Ga. L. 1996, p. 400, § 1.