Bill Text: IA SSB1118 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to court records for residential forcible entry and detainer actions.
Spectrum: Committee Bill
Status: (Introduced) 2023-02-22 - Subcommittee recommends passage. []. [SSB1118 Detail]
Download: Iowa-2023-SSB1118-Introduced.html
Senate
Study
Bill
1118
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
court
records
for
residential
forcible
entry
1
and
detainer
actions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1644XC
(1)
90
cm/ns
S.F.
_____
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,
the
13
court
shall
enter
an
order
sealing
the
court
records
of
the
14
action
not
later
than
three
days
from
the
date
of
the
hearing,
15
or
from
the
date
the
hearing
would
have
been
held
as
provided
16
by
law,
if
any
of
the
following
occurs:
17
a.
The
defendant
is
found
not
guilty.
18
b.
By
motion
or
upon
the
court’s
own
determination,
the
19
court
finds
there
is
no
genuine
issue
of
material
fact
between
20
the
parties.
21
c.
The
case
is
dismissed.
22
d.
The
plaintiff
does
not
appear
for
the
hearing.
23
3.
Upon
application
of
a
defendant
found
guilty
in
a
24
residential
forcible
entry
and
detainer
action
for
nonpayment
25
of
rent,
the
court
shall
enter
an
order
sealing
the
record
of
26
the
action,
the
existence
of
the
petition,
all
filings
and
27
documentation
within
the
case
file,
and
any
associated
writs
of
28
execution,
if
all
of
the
following
conditions
are
met:
29
a.
More
than
five
years
have
passed
since
the
date
of
the
30
finding
of
guilt.
31
b.
The
applicant
has
not
been
found
guilty
in
a
subsequent
32
forcible
entry
and
detainer
action
in
the
five-year
period
33
directly
preceding
the
application.
34
c.
The
applicant
has
not
previously
been
granted
a
sealing
35
-1-
LSB
1644XC
(1)
90
cm/ns
1/
4
S.F.
_____
of
a
finding
of
guilt
under
this
chapter
within
ten
years
prior
1
to
the
application.
2
d.
The
applicant
has
paid
all
court
costs,
fees,
fines,
and
3
any
other
financial
obligation
ordered
by
the
court
or
assessed
4
by
the
clerk
of
the
district
court
in
the
case.
5
4.
The
application
to
seal
the
record
of
the
action
shall
be
6
included
in
the
record
the
defendant
wishes
to
seal,
using
a
7
form
prescribed
by
the
supreme
court.
8
5.
Upon
sealing,
the
existence
of
the
petition,
all
filings
9
and
documentation
within
the
case
file,
and
any
associated
10
writs
of
execution
shall
be
removed
from
any
publicly
11
accessible
location
under
the
direction
of
the
judicial
branch
12
or
county,
as
applicable.
Notwithstanding
chapter
22,
records
13
sealed
upon
satisfaction
of
the
requirements
specified
in
this
14
section
shall
not
be
available
for
public
inspection
except
in
15
one
of
the
following
manners:
16
a.
Upon
request
by
the
defendant
or
the
attorney
for
the
17
defendant
by
filing
a
motion
in
the
sealed
case.
18
b.
Upon
application
to
the
judicial
branch
using
a
form
19
prescribed
by
the
supreme
court
for
scholarly,
educational,
20
journalistic,
or
governmental
purposes
only,
provided
that
in
21
all
cases,
the
names
of
minor
children
shall
remain
sealed
22
at
all
times,
and
that
the
names
and
personally
identifiable
23
information
of
all
persons
named
as
defendants
or
included
in
24
the
plaintiff’s
petition
shall
be
redacted
and
remain
sealed
25
unless
the
court
determines
that
release
of
such
information
is
26
necessary
to
fulfill
the
scholarly,
educational,
journalistic,
27
or
governmental
purpose
of
the
request.
28
c.
The
clerk
of
court
in
the
county
in
which
an
action
is
29
originated
shall
maintain
a
record
in
the
aggregate
of
all
30
filings
and
the
final
disposition
of
any
such
actions,
to
31
include
dismissal,
default
judgment,
and
writs
associated
with
32
disposition.
The
clerk
of
court
shall
make
available
to
the
33
public
and
report
annually
such
aggregate
information
in
such
34
a
manner
prescribed
by
the
supreme
court
as
to
protect
the
35
-2-
LSB
1644XC
(1)
90
cm/ns
2/
4
S.F.
_____
identity
of
the
parties
while
still
providing
the
public
with
1
information
regarding
eviction
proceedings
in
the
county.
2
6.
Upon
sealing,
a
consumer
reporting
agency
shall
3
not
disclose
the
existence
of,
or
information
regarding,
4
an
eviction
action
or
other
civil
action
sealed
or
made
5
confidential
under
this
section
or
use
such
action
as
a
factor
6
to
determine
any
score
or
recommendation
to
be
included
in
a
7
consumer
report
regarding
any
person
named
in
such
case.
8
7.
Subsections
3
through
6
do
not
apply
to
a
money
judgment
9
awarded
for
an
action
that
was
filed
with
a
forcible
entry
10
and
detainer
action
or
arising
from
the
same
set
of
facts
and
11
circumstances.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
sealing
court
records
of
residential
16
forcible
entry
and
detainer
actions
(eviction
actions).
17
The
bill
requires
a
court
to
seal
the
court
records
of
an
18
eviction
action
not
later
than
three
days
from
the
date
of
the
19
hearing
if
any
of
the
following
have
occurred:
the
defendant
20
is
found
not
guilty,
the
court
finds
there
is
no
genuine
issue
21
of
material
fact
between
the
parties,
the
case
is
dismissed,
or
22
the
plaintiff
does
not
appear
for
the
hearing.
23
The
bill
provides
that
upon
application
of
a
defendant
found
24
guilty
in
an
eviction
action
for
nonpayment
of
rent,
the
court
25
shall
seal
the
court
records
if
more
than
five
years
have
26
passed
since
disposition,
the
applicant
has
not
been
found
27
guilty
in
a
subsequent
eviction
action
in
the
five-year
period
28
preceding
the
application,
the
applicant
within
the
last
10
29
years
has
not
been
granted
a
sealing
of
eviction
court
records,
30
and
the
applicant
has
paid
all
costs.
The
application
to
seal
31
shall
be
included
in
the
sealed
court
records.
32
The
bill
provides
that
upon
sealing
the
court
records,
all
33
filings,
documentation,
and
writs
of
association
shall
be
34
removed
from
any
publicly
accessible
location.
Sealed
court
35
-3-
LSB
1644XC
(1)
90
cm/ns
3/
4
S.F.
_____
records
shall
not
be
available
for
public
inspection
except
1
upon
request
by
the
defendant
or
the
attorney
for
the
defendant
2
by
filing
a
motion
in
the
sealed
case
or
application
to
the
3
judicial
branch
using
a
form
to
be
prescribed
by
the
supreme
4
court
for
scholarly,
educational,
journalistic,
or
governmental
5
purposes.
The
bill
requires
the
clerk
of
court
in
the
county
6
in
which
an
action
is
originated
to
maintain
a
record
in
the
7
aggregate
of
all
filings
and
to
make
such
information
available
8
to
the
public
in
such
a
manner
prescribed
by
the
supreme
court
9
as
to
protect
the
identity
of
the
parties
while
still
providing
10
the
public
with
information
relating
to
eviction
actions
in
the
11
county.
12
The
bill
provides
that
upon
sealing
a
consumer
reporting
13
agency
shall
not
disclose
the
existence
of,
or
information
14
regarding,
an
eviction
action
or
other
civil
action
sealed
or
15
made
confidential
under
the
bill
or
use
such
action
as
a
factor
16
to
determine
any
score
or
recommendation
to
be
included
in
a
17
consumer
report
regarding
any
person
named
in
such
case.
18
Under
the
bill,
certain
provisions
do
not
apply
to
an
19
application
to
seal
a
record
for
an
eviction
action
by
a
20
defendant
found
guilty
when
a
money
judgment
has
been
awarded
21
to
the
plaintiff.
22
-4-
LSB
1644XC
(1)
90
cm/ns
4/
4
