House
File
820
-
Introduced
HOUSE
FILE
820
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
257)
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
2764HV
(2)
89
cm/jh
H.F.
820
Section
1.
Section
648.22,
Code
2021,
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
7
an
execution
for
the
defendant’s
removal
within
three
days
8
from
the
judgment
shall
issue
accordingly,
to
which
shall
be
9
added
a
clause
commanding
the
officer
to
collect
the
costs
as
10
in
ordinary
cases.
11
2.
In
a
residential
forcible
entry
and
detainer
action
the
12
court
shall
enter
an
order
sealing
the
court
records
of
the
13
action
not
later
than
three
days
from
the
date
of
the
hearing,
14
or
from
the
date
the
hearing
would
have
been
held
as
provided
15
by
law,
if
any
of
the
following
occurs:
16
a.
The
defendant
is
found
not
guilty.
17
b.
By
motion
or
upon
the
court’s
own
determination,
the
18
court
finds
there
is
no
genuine
issue
of
material
fact
between
19
the
parties.
20
c.
The
court
dismisses
the
plaintiff’s
claim.
21
d.
The
plaintiff
withdraws
the
claim.
22
e.
The
plaintiff
does
not
appear
for
the
hearing.
23
f.
Both
parties
consent
to
the
order.
24
3.
Upon
application
of
a
defendant
found
guilty
in
a
25
residential
forcible
entry
and
detainer
action
for
nonpayment
26
of
rent,
the
court
shall
enter
an
order
sealing
the
record
of
27
the
action,
the
existence
of
the
petition,
all
filings
and
28
documentation
within
the
case
file,
and
any
associated
writs
of
29
execution,
if
all
of
the
following
conditions
are
met:
30
a.
More
than
three
years
have
passed
since
the
date
of
the
31
finding
of
guilt.
32
b.
The
applicant
has
not
been
found
guilty
in
a
subsequent
33
forcible
entry
and
detainer
action
in
the
three-year
period
34
directly
preceding
the
application.
35
-1-
LSB
2764HV
(2)
89
cm/jh
1/
4
H.F.
820
c.
The
applicant
has
not
previously
been
granted
a
sealing
1
of
a
finding
of
guilt
under
this
chapter
within
ten
years
prior
2
to
the
application.
3
4.
The
application
to
seal
the
record
of
the
action
shall
be
4
included
in
the
record
the
defendant
wishes
to
seal,
using
a
5
form
prescribed
by
the
supreme
court.
6
5.
Upon
sealing,
the
existence
of
the
petition,
all
filings
7
and
documentation
within
the
case
file,
and
any
associated
8
writs
of
execution
shall
be
removed
from
any
publicly
9
accessible
location
under
the
direction
of
the
judicial
branch
10
or
county,
as
applicable.
Notwithstanding
chapter
22,
records
11
sealed
upon
satisfaction
of
the
requirements
specified
in
this
12
section
shall
not
be
available
for
public
inspection
except
in
13
one
of
the
following
manners:
14
a.
Upon
request
by
the
defendant
or
the
attorney
for
the
15
defendant
by
filing
a
motion
in
the
sealed
case.
16
b.
Upon
application
to
the
judicial
branch
using
a
form
17
prescribed
by
the
supreme
court
for
scholarly,
educational,
18
journalistic,
or
governmental
purposes
only,
provided
that
in
19
all
cases,
the
names
of
minor
children
shall
remain
sealed
20
at
all
times,
and
that
the
names
and
personally
identifiable
21
information
of
all
persons
named
as
defendants
or
included
in
22
the
plaintiff’s
petition
shall
be
redacted
and
remain
sealed
23
unless
the
court
determines
that
release
of
such
information
is
24
necessary
to
fulfill
the
scholarly,
educational,
journalistic,
25
or
governmental
purpose
of
the
request.
26
c.
The
clerk
of
court
in
the
county
in
which
an
action
is
27
originated
shall
maintain
a
record
in
the
aggregate
of
all
28
filings
and
the
final
disposition
of
any
such
actions,
to
29
include
dismissal,
default
judgment,
and
writs
associated
with
30
disposition.
The
clerk
of
court
shall
make
available
to
the
31
public
and
report
annually
such
aggregate
information
in
such
32
a
manner
prescribed
by
the
supreme
court
as
to
protect
the
33
identity
of
the
parties
while
still
providing
the
public
with
34
information
regarding
eviction
proceedings
in
the
county.
35
-2-
LSB
2764HV
(2)
89
cm/jh
2/
4
H.F.
820
6.
Upon
sealing,
a
consumer
reporting
agency
shall
1
not
disclose
the
existence
of,
or
information
regarding,
2
an
eviction
action
or
other
civil
action
sealed
or
made
3
confidential
under
this
section
or
use
such
action
as
a
factor
4
to
determine
any
score
or
recommendation
to
be
included
in
a
5
consumer
report
regarding
any
person
named
in
such
case.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
sealing
court
records
of
residential
10
forcible
entry
and
detainer
actions.
11
The
bill
provides
that
a
court
shall
seal
the
court
records
12
of
an
eviction
action
not
later
than
three
days
from
the
date
13
of
the
hearing
if
any
of
the
following
have
occurred:
the
14
defendant
is
found
not
guilty,
the
court
finds
there
is
no
15
genuine
issue
of
material
fact
between
the
parties
or
dismisses
16
the
plaintiff’s
claim,
the
plaintiff
withdraws
the
claim,
the
17
plaintiff
does
not
appear
for
the
hearing,
or
if
by
consent
of
18
both
parties.
19
The
bill
provides
that
upon
application
of
a
defendant
found
20
guilty
in
an
eviction
action
for
nonpayment
of
rent,
the
court
21
shall
seal
the
court
records
if
more
than
three
years
have
22
passed
since
disposition,
the
applicant
has
not
been
found
23
guilty
in
subsequent
eviction
action
in
the
three-year
period
24
preceding
the
application,
and
the
applicant
within
the
last
10
25
years
has
not
been
granted
a
sealing
of
eviction
court
records.
26
The
application
to
seal
shall
be
included
in
the
sealed
court
27
records.
28
The
bill
provides
that
upon
sealing
of
court
records,
all
29
filings,
documentation,
and
writs
of
association
shall
be
30
removed
from
any
publicly
accessible
location.
Court
records
31
sealed
shall
not
be
available
for
public
inspection
except
upon
32
request
by
the
defendant
or
the
attorney
for
the
defendant
33
by
filing
a
motion
in
the
sealed
case
or
application
to
the
34
judicial
branch
using
a
form
to
be
prescribed
by
the
supreme
35
-3-
LSB
2764HV
(2)
89
cm/jh
3/
4
H.F.
820
court
for
scholarly,
educational,
journalistic,
or
governmental
1
purposes.
The
bill
requires
the
clerk
of
court
in
the
county
2
in
which
an
action
is
originated
to
maintain
a
record
in
the
3
aggregate
of
all
filings
and
to
make
such
information
available
4
to
the
public
in
such
a
manner
prescribed
by
the
supreme
court
5
as
to
protect
the
identity
of
the
parties
while
still
providing
6
the
public
with
information
relating
to
eviction
actions
in
the
7
county.
8
The
bill
provides
that
upon
sealing
a
consumer
reporting
9
agency
shall
not
disclose
the
existence
of,
or
information
10
regarding,
an
eviction
action
or
other
civil
action
sealed
or
11
made
confidential
under
the
bill
or
use
such
action
as
a
factor
12
to
determine
any
score
or
recommendation
to
be
included
in
a
13
consumer
report
regarding
any
person
named
in
such
case.
14
-4-
LSB
2764HV
(2)
89
cm/jh
4/
4