HF 548 (LSB 1644HV (4) 90)

HOUSE FILE 548

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 43)

(As Amended and Passed by the House 2023-03-22)

A BILL FOR

An Act relating to court records for residential forcible entry and detainer actions and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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