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House File 548 - ReprintedA Bill ForAn Act 1relating to court records for residential forcible
2entry and detainer actions and including effective date
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 648.22, Code 2023, is amended to read as
2follows:
3648.22 Judgment — execution — costs — sealing of court
4records.
51. If the defendant is found guilty, judgment shall be
6entered that the defendant be removed from the premises, and
7that the plaintiff be put in possession of the premises, and an
8execution for the defendant’s removal within three days from
9the judgment shall issue accordingly, to which judgment for
10costs shall be entered in the judgment docket and lien index,
11and to which shall be added a clause commanding the officer to
12collect the costs as in ordinary cases.
132. In a residential forcible entry and detainer action,
14the court records of the action shall be sealed not later than
15three days from the date of the order, if any of the following
16occurs:
17a. The defendant is found not guilty.
18b. The case is dismissed.
19c. The plaintiff does not appear for the hearing.
203. In a residential forcible entry and detainer action, the
21court shall enter an order sealing the court records of the
22action not later than three days from the date of the order
23if, by motion or upon the court’s own determination, the court
24finds there is no genuine issue of material fact between the
25parties.
264. Upon application of a defendant found guilty in a
27residential forcible entry and detainer action for nonpayment
28of rent, the court shall enter an order sealing the record of
29the action, the existence of the petition, all filings and
30documentation within the case file, and any associated writs of
31execution, if all of the following conditions are met:
32a. More than seven years have passed since the date of the
33finding of guilt.
34b. The applicant has not been found guilty in a subsequent
35forcible entry and detainer action in the five-year period
-1-1directly preceding the application.
2c. The applicant has not previously been granted a sealing
3of a finding of guilt under this chapter within ten years prior
4to the application.
5d. The applicant has paid all court costs, fees, fines, and
6any other financial obligation ordered by the court or assessed
7by the clerk of the district court in the case.
85. The application to seal the record of the action shall be
9included in the record the defendant wishes to seal, using a
10form prescribed by the supreme court.
116. In a residential forcible entry and detainer action for
12nonpayment of rent in which the defendant is found guilty, the
13court shall enter an order sealing the record of the action,
14the existence of the petition, all filings and documentation
15within the case file, and any associated writs of execution, if
16all of the following conditions are met:
17a. The application is filed jointly by the plaintiff and
18defendant.
19b. The defendant applicant has paid all court costs, fees,
20fines, and any other financial obligation ordered by the court
21or assessed by the clerk of the district court in the case.
227. Upon sealing, the existence of the petition, all filings
23and documentation within the case file, and any associated
24writs of execution shall be removed from any publicly
25accessible location under the direction of the judicial branch
26or county, as applicable. The clerk of court shall enter
27satisfaction of judgment in the judgment docket and lien index.
28Notwithstanding chapter 22, records sealed upon satisfaction
29of the requirements specified in this section shall not be
30available for public inspection except in one of the following
31manners:
32a. Upon request by the defendant or the attorney for the
33defendant by filing a motion in the sealed case.
34b. Upon application to the judicial branch using a form
35prescribed by the supreme court for scholarly, educational,
-2-1journalistic, or governmental purposes only, provided that in
2all cases, the names of minor children shall remain sealed
3at all times, and that the names and personally identifiable
4information of all persons named as defendants or included in
5the plaintiff’s petition shall be redacted and remain sealed
6unless the court determines that release of such information is
7necessary to fulfill the scholarly, educational, journalistic,
8or governmental purpose of the request.
9c. State court administration shall maintain a record in
10the aggregate of all filings and the final disposition of any
11such actions, to include dismissal, default judgment, and writs
12associated with disposition. State court administration shall
13make available to the public and report annually such aggregate
14information in such a manner prescribed by the supreme court as
15to protect the identity of the parties while still providing
16the public with information regarding eviction proceedings.
178. Subsections 4 through 7 do not apply to a money judgment
18awarded for an action that was filed with a forcible entry
19and detainer action or arising from the same set of facts and
20circumstances.
219. Subsections 3 through 7 do not create an independent
22cause of action by a tenant for use of lawfully obtained
23information.
24 Sec. 2. EFFECTIVE DATE. This Act takes effect July 1, 2024.
cm/ns/md
2entry and detainer actions and including effective date
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 648.22, Code 2023, is amended to read as
2follows:
3648.22 Judgment — execution — costs — sealing of court
4records.
51. If the defendant is found guilty, judgment shall be
6entered that the defendant be removed from the premises, and
7that the plaintiff be put in possession of the premises, and an
8execution for the defendant’s removal within three days from
9the judgment shall issue accordingly, to which judgment for
10costs shall be entered in the judgment docket and lien index,
11and to which shall be added a clause commanding the officer to
12collect the costs as in ordinary cases.
132. In a residential forcible entry and detainer action,
14the court records of the action shall be sealed not later than
15three days from the date of the order, if any of the following
16occurs:
17a. The defendant is found not guilty.
18b. The case is dismissed.
19c. The plaintiff does not appear for the hearing.
203. In a residential forcible entry and detainer action, the
21court shall enter an order sealing the court records of the
22action not later than three days from the date of the order
23if, by motion or upon the court’s own determination, the court
24finds there is no genuine issue of material fact between the
25parties.
264. Upon application of a defendant found guilty in a
27residential forcible entry and detainer action for nonpayment
28of rent, the court shall enter an order sealing the record of
29the action, the existence of the petition, all filings and
30documentation within the case file, and any associated writs of
31execution, if all of the following conditions are met:
32a. More than seven years have passed since the date of the
33finding of guilt.
34b. The applicant has not been found guilty in a subsequent
35forcible entry and detainer action in the five-year period
-1-1directly preceding the application.
2c. The applicant has not previously been granted a sealing
3of a finding of guilt under this chapter within ten years prior
4to the application.
5d. The applicant has paid all court costs, fees, fines, and
6any other financial obligation ordered by the court or assessed
7by the clerk of the district court in the case.
85. The application to seal the record of the action shall be
9included in the record the defendant wishes to seal, using a
10form prescribed by the supreme court.
116. In a residential forcible entry and detainer action for
12nonpayment of rent in which the defendant is found guilty, the
13court shall enter an order sealing the record of the action,
14the existence of the petition, all filings and documentation
15within the case file, and any associated writs of execution, if
16all of the following conditions are met:
17a. The application is filed jointly by the plaintiff and
18defendant.
19b. The defendant applicant has paid all court costs, fees,
20fines, and any other financial obligation ordered by the court
21or assessed by the clerk of the district court in the case.
227. Upon sealing, the existence of the petition, all filings
23and documentation within the case file, and any associated
24writs of execution shall be removed from any publicly
25accessible location under the direction of the judicial branch
26or county, as applicable. The clerk of court shall enter
27satisfaction of judgment in the judgment docket and lien index.
28Notwithstanding chapter 22, records sealed upon satisfaction
29of the requirements specified in this section shall not be
30available for public inspection except in one of the following
31manners:
32a. Upon request by the defendant or the attorney for the
33defendant by filing a motion in the sealed case.
34b. Upon application to the judicial branch using a form
35prescribed by the supreme court for scholarly, educational,
-2-1journalistic, or governmental purposes only, provided that in
2all cases, the names of minor children shall remain sealed
3at all times, and that the names and personally identifiable
4information of all persons named as defendants or included in
5the plaintiff’s petition shall be redacted and remain sealed
6unless the court determines that release of such information is
7necessary to fulfill the scholarly, educational, journalistic,
8or governmental purpose of the request.
9c. State court administration shall maintain a record in
10the aggregate of all filings and the final disposition of any
11such actions, to include dismissal, default judgment, and writs
12associated with disposition. State court administration shall
13make available to the public and report annually such aggregate
14information in such a manner prescribed by the supreme court as
15to protect the identity of the parties while still providing
16the public with information regarding eviction proceedings.
178. Subsections 4 through 7 do not apply to a money judgment
18awarded for an action that was filed with a forcible entry
19and detainer action or arising from the same set of facts and
20circumstances.
219. Subsections 3 through 7 do not create an independent
22cause of action by a tenant for use of lawfully obtained
23information.
24 Sec. 2. EFFECTIVE DATE. This Act takes effect July 1, 2024.
cm/ns/md