Bill Text: IA HF548 | 2023-2024 | 90th General Assembly | Amended
Bill Title: A bill for an act relating to court records for residential forcible entry and detainer actions and including effective date provisions. (Formerly HSB 43.)
Spectrum: Committee Bill
Status: (Engrossed) 2023-03-28 - Subcommittee recommends amendment and passage. []. [HF548 Detail]
Download: Iowa-2023-HF548-Amended.html
House
File
548
-
Reprinted
HOUSE
FILE
548
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
43)
(As
Amended
and
Passed
by
the
House
March
22,
2023
)
A
BILL
FOR
An
Act
relating
to
court
records
for
residential
forcible
1
entry
and
detainer
actions
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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548
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548
Section
1.
Section
648.22,
Code
2023,
is
amended
to
read
as
1
follows:
2
648.22
Judgment
——
execution
——
costs
——
sealing
of
court
3
records
.
4
1.
If
the
defendant
is
found
guilty,
judgment
shall
be
5
entered
that
the
defendant
be
removed
from
the
premises,
and
6
that
the
plaintiff
be
put
in
possession
of
the
premises,
and
an
7
execution
for
the
defendant’s
removal
within
three
days
from
8
the
judgment
shall
issue
accordingly,
to
which
judgment
for
9
costs
shall
be
entered
in
the
judgment
docket
and
lien
index,
10
and
to
which
shall
be
added
a
clause
commanding
the
officer
to
11
collect
the
costs
as
in
ordinary
cases.
12
2.
In
a
residential
forcible
entry
and
detainer
action,
13
the
court
records
of
the
action
shall
be
sealed
not
later
than
14
three
days
from
the
date
of
the
order,
if
any
of
the
following
15
occurs:
16
a.
The
defendant
is
found
not
guilty.
17
b.
The
case
is
dismissed.
18
c.
The
plaintiff
does
not
appear
for
the
hearing.
19
3.
In
a
residential
forcible
entry
and
detainer
action,
the
20
court
shall
enter
an
order
sealing
the
court
records
of
the
21
action
not
later
than
three
days
from
the
date
of
the
order
22
if,
by
motion
or
upon
the
court’s
own
determination,
the
court
23
finds
there
is
no
genuine
issue
of
material
fact
between
the
24
parties.
25
4.
Upon
application
of
a
defendant
found
guilty
in
a
26
residential
forcible
entry
and
detainer
action
for
nonpayment
27
of
rent,
the
court
shall
enter
an
order
sealing
the
record
of
28
the
action,
the
existence
of
the
petition,
all
filings
and
29
documentation
within
the
case
file,
and
any
associated
writs
of
30
execution,
if
all
of
the
following
conditions
are
met:
31
a.
More
than
seven
years
have
passed
since
the
date
of
the
32
finding
of
guilt.
33
b.
The
applicant
has
not
been
found
guilty
in
a
subsequent
34
forcible
entry
and
detainer
action
in
the
five-year
period
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directly
preceding
the
application.
1
c.
The
applicant
has
not
previously
been
granted
a
sealing
2
of
a
finding
of
guilt
under
this
chapter
within
ten
years
prior
3
to
the
application.
4
d.
The
applicant
has
paid
all
court
costs,
fees,
fines,
and
5
any
other
financial
obligation
ordered
by
the
court
or
assessed
6
by
the
clerk
of
the
district
court
in
the
case.
7
5.
The
application
to
seal
the
record
of
the
action
shall
be
8
included
in
the
record
the
defendant
wishes
to
seal,
using
a
9
form
prescribed
by
the
supreme
court.
10
6.
In
a
residential
forcible
entry
and
detainer
action
for
11
nonpayment
of
rent
in
which
the
defendant
is
found
guilty,
the
12
court
shall
enter
an
order
sealing
the
record
of
the
action,
13
the
existence
of
the
petition,
all
filings
and
documentation
14
within
the
case
file,
and
any
associated
writs
of
execution,
if
15
all
of
the
following
conditions
are
met:
16
a.
The
application
is
filed
jointly
by
the
plaintiff
and
17
defendant.
18
b.
The
defendant
applicant
has
paid
all
court
costs,
fees,
19
fines,
and
any
other
financial
obligation
ordered
by
the
court
20
or
assessed
by
the
clerk
of
the
district
court
in
the
case.
21
7.
Upon
sealing,
the
existence
of
the
petition,
all
filings
22
and
documentation
within
the
case
file,
and
any
associated
23
writs
of
execution
shall
be
removed
from
any
publicly
24
accessible
location
under
the
direction
of
the
judicial
branch
25
or
county,
as
applicable.
The
clerk
of
court
shall
enter
26
satisfaction
of
judgment
in
the
judgment
docket
and
lien
index.
27
Notwithstanding
chapter
22,
records
sealed
upon
satisfaction
28
of
the
requirements
specified
in
this
section
shall
not
be
29
available
for
public
inspection
except
in
one
of
the
following
30
manners:
31
a.
Upon
request
by
the
defendant
or
the
attorney
for
the
32
defendant
by
filing
a
motion
in
the
sealed
case.
33
b.
Upon
application
to
the
judicial
branch
using
a
form
34
prescribed
by
the
supreme
court
for
scholarly,
educational,
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journalistic,
or
governmental
purposes
only,
provided
that
in
1
all
cases,
the
names
of
minor
children
shall
remain
sealed
2
at
all
times,
and
that
the
names
and
personally
identifiable
3
information
of
all
persons
named
as
defendants
or
included
in
4
the
plaintiff’s
petition
shall
be
redacted
and
remain
sealed
5
unless
the
court
determines
that
release
of
such
information
is
6
necessary
to
fulfill
the
scholarly,
educational,
journalistic,
7
or
governmental
purpose
of
the
request.
8
c.
State
court
administration
shall
maintain
a
record
in
9
the
aggregate
of
all
filings
and
the
final
disposition
of
any
10
such
actions,
to
include
dismissal,
default
judgment,
and
writs
11
associated
with
disposition.
State
court
administration
shall
12
make
available
to
the
public
and
report
annually
such
aggregate
13
information
in
such
a
manner
prescribed
by
the
supreme
court
as
14
to
protect
the
identity
of
the
parties
while
still
providing
15
the
public
with
information
regarding
eviction
proceedings.
16
8.
Subsections
4
through
7
do
not
apply
to
a
money
judgment
17
awarded
for
an
action
that
was
filed
with
a
forcible
entry
18
and
detainer
action
or
arising
from
the
same
set
of
facts
and
19
circumstances.
20
9.
Subsections
3
through
7
do
not
create
an
independent
21
cause
of
action
by
a
tenant
for
use
of
lawfully
obtained
22
information.
23
Sec.
2.
EFFECTIVE
DATE.
This
Act
takes
effect
July
1,
2024.
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