Bills › 89th General Assembly
Relating to court records for residential forcible entry and detainer actions
Sponsored by the House Judiciary Committee
Topics:Courts & civil law
Same legislation: HSB 257
Where it is now
- Done: IntroducedFebruary 25, 2021
- Done: SubcommitteeFebruary 25, 2021
- Done: House committeeMarch 5, 2021
- Done: Passes the HouseMarch 25, 2021
- Stopped: Senate committeeDied when the General Assembly ended
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2022 session adjourned on May 24, 2022, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
This bill relates to sealing court records of residential forcible entry and detainer actions. The bill provides that a court shall seal the court records of an eviction action not later than three days from the date of the hearing if any of the following have occurred: the defendant is found not guilty, the court finds there is no genuine issue of material fact between the parties or dismisses the plaintiff’s claim, the plaintiff withdraws the claim, the plaintiff does not appear for the hearing, or if by consent of both parties.
Read the full explanation
The bill provides that upon application of a defendant found guilty in an eviction action for nonpayment of rent, the court shall seal the court records if more than three years have passed since disposition, the applicant has not been found guilty in subsequent eviction action in the three-year period preceding the application, and the applicant within the last years has not been granted a sealing of eviction court records. The application to seal shall be included in the sealed court records. The bill provides that upon sealing of court records, all filings, documentation, and writs of association shall be removed from any publicly accessible location. Court records sealed shall not be available for public inspection except upon request by the defendant or the attorney for the defendant by filing a motion in the sealed case or application to the judicial branch using a form to be prescribed by the supreme court for scholarly, educational, journalistic, or governmental purposes. The bill requires the clerk of court in the county in which an action is originated to maintain a record in the aggregate of all filings and to make such information available to the public in such a manner prescribed by the supreme court as to protect the identity of the parties while still providing the public with information relating to eviction actions in the county. The bill provides that upon sealing a consumer reporting agency shall not disclose the existence of, or information regarding, an eviction action or other civil action sealed or made confidential under the bill or use such action as a factor to determine any score or recommendation to be included in a consumer report regarding any person named in such case.
Changed since by amendments H-1300, H-1286; see Amendments.
Senate subcommittee
Named March 29, 2021. On March 31, 2021 it recommended amendment and passage.
- Sen. J. Taylor
- Sen. Joe Bolkcom D
- Sen. Tom Shipley REmail
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
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89th General Assembly
Picked up later
Earlier and later bills are matched by wording or an identical title.
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- HSB 43 HSB 4390th General Assembly · Renumbered as HF 548Very similar
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Matched by wording or an identical title.