Indiana 2025 Regular Session

Indiana Senate Bill SB0142 Compare Versions

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1+*ES0142.1*
2+March 31, 2025
3+ENGROSSED
4+SENATE BILL No. 142
5+_____
6+DIGEST OF SB 142 (Updated March 31, 2025 11:24 am - DI 151)
7+Citations Affected: IC 32-31.
8+Synopsis: Eviction issues. Allows a court to order, upon its own
9+motion, that certain eviction records may not be disclosed. Allows a
10+tenant, in certain circumstances, to file a motion requesting that records
11+related to an eviction action not be disclosed. Allows the court to issue
12+an order without a hearing in certain circumstances. Specifies that a
13+final judgment for the recovery of money or costs does not constitute
14+a lien upon real estate and chattels real if certain eviction actions are
15+prohibited from disclosure. Makes conforming changes.
16+Effective: July 1, 2025.
17+Brown L, Taylor G, Bohacek,
18+Randolph Lonnie M
19+(HOUSE SPONSORS — ZIMMERMA N, PRYOR)
20+January 8, 2025, read first time and referred to Committee on Judiciary.
21+January 16, 2025, amended, reported favorably — Do Pass.
22+January 27, 2025, read second time, amended, ordered engrossed.
23+January 28, 2025, engrossed. Read third time, passed. Yeas 49, nays 0.
24+HOUSE ACTION
25+March 3, 2025, read first time and referred to Committee on Judiciary.
26+March 31, 2025, amended, reported — Do Pass.
27+ES 142—LS 6541/DI 106 March 31, 2025
128 First Regular Session of the 124th General Assembly (2025)
229 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
330 Constitution) is being amended, the text of the existing provision will appear in this style type,
431 additions will appear in this style type, and deletions will appear in this style type.
532 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
633 provision adopted), the text of the new provision will appear in this style type. Also, the
734 word NEW will appear in that style type in the introductory clause of each SECTION that adds
835 a new provision to the Indiana Code or the Indiana Constitution.
936 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1037 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 142
12-AN ACT to amend the Indiana Code concerning property.
38+ENGROSSED
39+SENATE BILL No. 142
40+A BILL FOR AN ACT to amend the Indiana Code concerning
41+property.
1342 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 32-31-11-1, AS ADDED BY P.L.164-2022,
15-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16-JULY 1, 2025]: Sec. 1. (a) This chapter applies to an eviction action
17-that results in an outcome or occurrence described in section 3(a)(1)
18-through 3(a)(3) and 3(b) of this chapter regardless of when the eviction
19-action is originally filed.
20-(b) This chapter does not apply to a hearing for damages in an
21-eviction action in which a judgment has been awarded.
22-SECTION 2. IC 32-31-11-3, AS ADDED BY P.L.164-2022,
23-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24-JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (b), (c), if
25-a landlord files an eviction action and:
26-(1) the eviction action is dismissed by the court:
27-(A) upon petition of the landlord under IC 32-31-10-3 or
28-otherwise; or
29-(B) upon:
30-(i) petition by the tenant; or
31-(ii) the court's own motion;
32-under IC 32-31-10-4 as a result of the landlord's failure to
33-prosecute the case;
34-(2) a judgment in favor of the tenant is entered by the court; or
35-(3) a judgment is entered by the court against the tenant, and the
36-SEA 142 — Concur 2
37-judgment is subsequently overturned or vacated on appeal;
38-the court in which the eviction action was filed upon motion by the
39-tenant, shall, on its own motion, order the clerk of the court and the
40-operator of any state, regional, or local case management system not to
41-disclose or permit disclosure of any records in the case, including the
42-petition by the landlord for possession of the rental unit. In an order
43-issued under this subsection, the court shall direct the clerk of the court
44-to redact or permanently seal the court's own records related to the
45-eviction action.
46-(b) Except as provided in subsection (c), if a judgment is entered
47-by the court against the tenant, and:
43+1 SECTION 1. IC 32-31-11-1, AS ADDED BY P.L.164-2022,
44+2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
45+3 JULY 1, 2025]: Sec. 1. (a) This chapter applies to an eviction action
46+4 that results in an outcome or occurrence described in section 3(a)(1)
47+5 through 3(a)(3) and 3(b) of this chapter regardless of when the eviction
48+6 action is originally filed.
49+7 (b) This chapter does not apply to a hearing for damages in an
50+8 eviction action in which a judgment has been awarded.
51+9 SECTION 2. IC 32-31-11-3, AS ADDED BY P.L.164-2022,
52+10 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
53+11 JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (b), (c), if
54+12 a landlord files an eviction action and:
55+13 (1) the eviction action is dismissed by the court:
56+14 (A) upon petition of the landlord under IC 32-31-10-3 or
57+15 otherwise; or
58+16 (B) upon:
59+17 (i) petition by the tenant; or
60+ES 142—LS 6541/DI 106 2
61+1 (ii) the court's own motion;
62+2 under IC 32-31-10-4 as a result of the landlord's failure to
63+3 prosecute the case;
64+4 (2) a judgment in favor of the tenant is entered by the court; or
65+5 (3) a judgment is entered by the court against the tenant, and the
66+6 judgment is subsequently overturned or vacated on appeal;
67+7 the court in which the eviction action was filed upon motion by the
68+8 tenant, shall, on its own motion, order the clerk of the court and the
69+9 operator of any state, regional, or local case management system not to
70+10 disclose or permit disclosure of any records in the case, including the
71+11 petition by the landlord for possession of the rental unit. In an order
72+12 issued under this subsection, the court shall direct the clerk of the court
73+13 to redact or permanently seal the court's own records related to the
74+14 eviction action.
75+15 (b) Except as provided in subsection (c), if a judgment is entered
76+16 by the court against the tenant, and:
77+17 (1) a money judgment related to the eviction action was
78+18 entered and the tenant has satisfied the money judgment; or
79+19 (2) the final judgment against the tenant does not include a
80+20 money judgment and at least seven (7) years have elapsed
81+21 since the entry of the judgment;
82+22 the court in which the eviction action was filed, upon motion by the
83+23 tenant, shall order the clerk of the court and the operator of any
84+24 state, regional, or local case management system not to disclose or
85+25 permit disclosure of any records in the case, including the petition
86+26 by the landlord for possession of the rental unit. In an order issued
87+27 under this subsection, the court shall direct the clerk of the court
88+28 to redact or permanently seal the court's own records related to
89+29 the eviction action. The court may issue an order under this
90+30 subsection without a hearing.
91+31 (b) (c) If the court issues an order under subsection (a) or (b), the
92+32 court and the operator of any state, regional, or local case management
93+33 system shall not disclose or permit disclosure of any records in the
94+34 eviction action, including the petition by the landlord for possession of
95+35 the rental unit:
96+36 (1) other than to any person under a court order;
97+37 (2) other than to a law enforcement agency for an authorized law
98+38 enforcement activity; or
99+39 (3) unless authorized under this chapter or otherwise required by
100+40 law.
101+41 (c) (d) The court shall issue an order under subsection (a) at the
102+42 time:
103+ES 142—LS 6541/DI 106 3
104+1 (1) the action is dismissed;
105+2 (2) the judgment in favor of the tenant is entered; or
106+3 (3) the opinion overturning or vacating the judgment against the
107+4 tenant becomes final;
108+5 as applicable, without holding an additional hearing.
109+6 (d) (e) If an appellate court overturns or vacates a judgment entered
110+7 against a tenant in an eviction action, as described in subsection (a)(3),
111+8 and the court in which the action is filed then enters an order
112+9 prohibiting the disclosure of any records in the action under subsection
113+10 (a), the appellate court shall:
114+11 (1) redact the opinion or memorandum decision as it appears on
115+12 the computer gateway administered by the office of technology so
116+13 that it does not include the name of the tenant; and
117+14 (2) provide a redacted copy of the opinion to any publisher or
118+15 organization to whom the opinion or memorandum decision is
119+16 provided after the date of the order under subsection (a).
120+17 The Indiana supreme court and the court of appeals are not required to
121+18 redact, destroy, or otherwise dispose of any copy of an opinion or
122+19 memorandum decision that includes the name of the tenant and that
123+20 was created before the date of the order under subsection (a).
124+21 (e) (f) This section does not affect an order that is issued by a court
125+22 and that:
126+23 (1) is made in compliance with an order of the Indiana supreme
127+24 court issued in connection with a residential eviction diversion
128+25 program that complies with IC 32-31-10-5(b); and
129+26 (2) makes court records related to a pending eviction action
130+27 confidential.
131+28 Records related to a pending eviction action that are made confidential
132+29 under an order described in this subsection retain or lose their
133+30 confidential status in accordance with the court's order.
134+31 (g) If an order is entered under subsection (a), any final
135+32 judgment for the recovery of money or costs does not constitute a
136+33 lien upon real estate and chattels real pursuant to IC 34-55-9-2.
137+34 SECTION 3. IC 32-31-11-4, AS ADDED BY P.L.164-2022,
138+35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
139+36 JULY 1, 2025]: Sec. 4. (a) If:
140+37 (1) an eviction action:
141+38 (A) is filed before July 1, 2022; and
142+39 (B) results in an outcome described in section 3(a)(1) through
143+40 3(a)(3) of this chapter before July 1, 2022;
144+41 and the court in the action has not otherwise filed an order
145+42 described in section 3 of this chapter; or
146+ES 142—LS 6541/DI 106 4
147+1 (2) the court has not otherwise issued an order under section 3 of
148+2 this chapter in an eviction action that results, on or after July 1,
149+3 2022, in an outcome described in section 3(a)(1) through 3(a)(3)
150+4 of this chapter;
151+5 the tenant in the action may petition the court in which the eviction
152+6 action was filed to issue an order prohibiting the disclosure of any
153+7 records in the action, including the petition by the landlord for
154+8 possession of the rental unit, in accordance with section 3 of this
155+9 chapter.
156+10 (b) If:
157+11 (1) an eviction action is filed before July 1, 2025; and
158+12 (2) an outcome or occurrence described in section 3(b) of this
159+13 chapter occurs before July 1, 2025;
160+14 and the court in the action has not otherwise filed an order
161+15 described in section 3 of this chapter, the tenant in the action may
162+16 petition the court in which the eviction action was filed to issue an
163+17 order prohibiting the disclosure of any records in the action,
164+18 including the petition by the landlord for possession of the rental
165+19 unit, in accordance with section 3 of this chapter.
166+20 (b) (c) A petition under subsection (a) or (b) must be verified by the
167+21 petitioner and filed with court, and must include the following
168+22 information:
169+23 (1) The petitioner's full name.
170+24 (2) The petitioner's date of birth.
171+25 (3) The petitioner's current address.
172+26 (4) The case number or cause number of the eviction action.
173+27 (5) A description of why the petitioner is entitled to relief under
174+28 this section, along with any supporting documentation or
175+29 evidence.
176+30 (6) A sworn statement that a monetary judgment is not
177+31 outstanding to the landlord in the eviction action with respect to
178+32 which the petitioner seeks relief under this section.
179+33 (c) (d) The court may do any of the following, with respect to a
180+34 petition filed under subsection (a) or (b):
181+35 (1) Issue an order prohibiting the disclosure of any records in the
182+36 action, in accordance with section 3 of this chapter, without a
183+37 hearing, if the court determines that the petition contains
184+38 sufficient information under subsection (b). subsection (c).
185+39 (2) Set the matter for a hearing if:
186+40 (A) the court determines that the petition does not contain
187+41 sufficient information under subsection (b); subsection (c); or
188+42 (B) one (1) or more questions arise from the petition.
189+ES 142—LS 6541/DI 106 5
190+1 In a hearing under this subdivision, the petitioner bears the
191+2 burden of proof with respect to whether the court should issue an
192+3 order prohibiting the disclosure of any records in the eviction
193+4 action in accordance with section 3 of this chapter.
194+ES 142—LS 6541/DI 106 6
195+COMMITTEE REPORT
196+Mr. President: The Senate Committee on Judiciary, to which was
197+referred Senate Bill No. 142, has had the same under consideration and
198+begs leave to report the same back to the Senate with the
199+recommendation that said bill be AMENDED as follows:
200+Page 1, line 11, after "(a)" insert "An order may not be entered
201+under this subsection if a money judgment related to the eviction
202+action was entered against a tenant and the tenant has not satisfied
203+the money judgment.".
204+Page 2, delete lines 10 through 12, begin a new line block indented
205+and insert:
206+"(5) effective January 1, 2028, at least seven (7) years have
207+elapsed since the eviction action was filed and a final
208+judgment has been entered that did not include a money
209+judgment against the tenant;".
210+Page 4, delete lines 2 through 3, begin a new line block indented
211+and insert:
212+"(2) an outcome or occurrence described in:
213+(A) section 3(a)(4) of this chapter occurs before July 1,
214+2025; or
215+ (B) section 3(a)(5) of this chapter occurs before January 1,
216+2028;".
217+Page 4, line 4, before "the court" insert "and".
218+and when so amended that said bill do pass.
219+(Reference is to SB 142 as introduced.)
220+BROWN L, Chairperson
221+Committee Vote: Yeas 10, Nays 1.
222+_____
223+SENATE MOTION
224+Mr. President: I move that Senate Bill 142 be amended to read as
225+follows:
226+Page 2, line 11, delete "and the tenant has satisfied the" and insert
227+"and:
228+(A) the tenant has satisfied the money judgment; and
229+(B) the landlord has submitted proof to the court that the
230+money judgment has been satisfied; or".
231+ES 142—LS 6541/DI 106 7
232+Page 2, delete line 12.
233+(Reference is to SB 142 as printed January 17, 2025.)
234+YOUNG M
235+_____
236+SENATE MOTION
237+Mr. President: I move that Senate Bill 142 be amended to read as
238+follows:
239+Page 1, line 5, delete "3(a)(5)" and insert "3(a)(4)".
240+Page 2, line 9, after "appeal;" insert "or".
241+Page 2, delete lines 10 through 16, begin a new line blocked
242+indented and insert:
243+"(4) a judgment is entered by the court against the tenant and:
244+(A) a money judgment related to the eviction action was
245+entered and the tenant has satisfied the money judgment;
246+or
247+(B) the final judgment against the tenant did not include a
248+money judgment;".
249+Page 2, line 17, after "filed" insert ",".
250+Page 2, line 17, reset in roman "upon motion by the".
251+Page 2, line 18, reset in roman "tenant,".
252+Page 2, line 18, delete ", on its own motion,".
253+Page 2, line 24, after "action." insert "The court may issue an
254+order under this subsection without a hearing.".
255+Page 2, line 39, after "final;" insert "or".
256+Page 2, line 41, delete "eviction; or" and insert "eviction or a final
257+judgment is entered against the tenant that did not include a money
258+judgement;".
259+Page 2, delete line 42.
260+Page 3, delete line 1.
261+Page 4, line 6, delete "in:" and insert "in section 3(a)(4) of this
262+chapter occurs before July 1, 2025;".
263+ Page 4, delete lines 7 through 10.
264+(Reference is to SB 142 as printed January 17, 2025.)
265+FREEMAN
266+ES 142—LS 6541/DI 106 8
267+COMMITTEE REPORT
268+Mr. Speaker: Your Committee on Judiciary, to which was referred
269+Senate Bill 142, has had the same under consideration and begs leave
270+to report the same back to the House with the recommendation that said
271+bill be amended as follows:
272+Page 1, line 5, reset in roman "3(a)(3)".
273+Page 1, line 5, delete "3(a)(4)" and insert "and 3(b)".
274+Page 1, line 11, delete "An order may not be entered under this".
275+Page 1, delete lines 12 through 13.
276+Page 1, line 14, delete "judgment.".
277+Page 1, line 14, strike "(b)," and insert "(c),".
278+Page 2, line 7, reset in roman "or".
279+Page 2, line 9, after "appeal;" delete "or".
280+Page 2, delete lines 10 through 15.
281+Page 2, line 16, delete "filed," and insert "filed".
282+Page 2, line 16, strike "upon motion by the".
283+Page 2, line 17, strike "tenant,".
284+Page 2, line 17, after "shall" insert ", on its own motion,".
285+Page 2, delete lines 23 through 24, begin a new paragraph and
286+insert:
287+"(b) Except as provided in subsection (c), if a judgment is
288+entered by the court against the tenant, and:
48289 (1) a money judgment related to the eviction action was
49290 entered and the tenant has satisfied the money judgment; or
50291 (2) the final judgment against the tenant does not include a
51292 money judgment and at least seven (7) years have elapsed
52293 since the entry of the judgment;
53294 the court in which the eviction action was filed, upon motion by the
54295 tenant, shall order the clerk of the court and the operator of any
55296 state, regional, or local case management system not to disclose or
56297 permit disclosure of any records in the case, including the petition
57298 by the landlord for possession of the rental unit. In an order issued
58299 under this subsection, the court shall direct the clerk of the court
59300 to redact or permanently seal the court's own records related to
60301 the eviction action. The court may issue an order under this
61-subsection without a hearing.
62-(b) (c) If the court issues an order under subsection (a) or (b), the
63-court and the operator of any state, regional, or local case management
64-system shall not disclose or permit disclosure of any records in the
65-eviction action, including the petition by the landlord for possession of
66-the rental unit:
67-(1) other than to any person under a court order;
68-(2) other than to a law enforcement agency for an authorized law
69-enforcement activity; or
70-(3) unless authorized under this chapter or otherwise required by
71-law.
72-(c) (d) The court shall issue an order under subsection (a) at the
73-time:
74-(1) the action is dismissed;
75-(2) the judgment in favor of the tenant is entered; or
76-(3) the opinion overturning or vacating the judgment against the
77-tenant becomes final;
78-as applicable, without holding an additional hearing.
79-SEA 142 — Concur 3
80-(d) (e) If an appellate court overturns or vacates a judgment entered
81-against a tenant in an eviction action, as described in subsection (a)(3),
82-and the court in which the action is filed then enters an order
83-prohibiting the disclosure of any records in the action under subsection
84-(a), the appellate court shall:
85-(1) redact the opinion or memorandum decision as it appears on
86-the computer gateway administered by the office of technology so
87-that it does not include the name of the tenant; and
88-(2) provide a redacted copy of the opinion to any publisher or
89-organization to whom the opinion or memorandum decision is
90-provided after the date of the order under subsection (a).
91-The Indiana supreme court and the court of appeals are not required to
92-redact, destroy, or otherwise dispose of any copy of an opinion or
93-memorandum decision that includes the name of the tenant and that
94-was created before the date of the order under subsection (a).
95-(e) (f) This section does not affect an order that is issued by a court
96-and that:
97-(1) is made in compliance with an order of the Indiana supreme
98-court issued in connection with a residential eviction diversion
99-program that complies with IC 32-31-10-5(b); and
100-(2) makes court records related to a pending eviction action
101-confidential.
102-Records related to a pending eviction action that are made confidential
103-under an order described in this subsection retain or lose their
104-confidential status in accordance with the court's order.
105-(g) If an order is entered under subsection (a), any final
302+subsection without a hearing.".
303+Page 2, line 25, strike "(b)" and insert "(c)".
304+Page 2, line 25, after "(a)" delete "," and insert "or (b),".
305+Page 2, line 35, strike "(c)" and insert "(d)".
306+Page 2, line 37, reset in roman "or".
307+Page 2, line 39, delete "or".
308+Page 2, delete lines 40 through 42.
309+ES 142—LS 6541/DI 106 9
310+Page 3, line 2, strike "(d)" and insert "(e)".
311+Page 3, line 17, strike "(e)" and insert "(f)".
312+Page 3, between lines 26 and 27, begin a new paragraph and insert:
313+"(g) If an order is entered under subsection (a), any final
106314 judgment for the recovery of money or costs does not constitute a
107-lien upon real estate and chattels real pursuant to IC 34-55-9-2.
108-SECTION 3. IC 32-31-11-4, AS ADDED BY P.L.164-2022,
109-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
110-JULY 1, 2025]: Sec. 4. (a) If:
111-(1) an eviction action:
112-(A) is filed before July 1, 2022; and
113-(B) results in an outcome described in section 3(a)(1) through
114-3(a)(3) of this chapter before July 1, 2022;
115-and the court in the action has not otherwise filed an order
116-described in section 3 of this chapter; or
117-(2) the court has not otherwise issued an order under section 3 of
118-this chapter in an eviction action that results, on or after July 1,
119-2022, in an outcome described in section 3(a)(1) through 3(a)(3)
120-of this chapter;
121-the tenant in the action may petition the court in which the eviction
122-SEA 142 — Concur 4
123-action was filed to issue an order prohibiting the disclosure of any
124-records in the action, including the petition by the landlord for
125-possession of the rental unit, in accordance with section 3 of this
126-chapter.
127-(b) If:
128-(1) an eviction action is filed before July 1, 2025; and
129-(2) an outcome or occurrence described in section 3(b) of this
130-chapter occurs before July 1, 2025;
131-and the court in the action has not otherwise filed an order
132-described in section 3 of this chapter, the tenant in the action may
133-petition the court in which the eviction action was filed to issue an
134-order prohibiting the disclosure of any records in the action,
135-including the petition by the landlord for possession of the rental
136-unit, in accordance with section 3 of this chapter.
137-(b) (c) A petition under subsection (a) or (b) must be verified by the
138-petitioner and filed with court, and must include the following
139-information:
140-(1) The petitioner's full name.
141-(2) The petitioner's date of birth.
142-(3) The petitioner's current address.
143-(4) The case number or cause number of the eviction action.
144-(5) A description of why the petitioner is entitled to relief under
145-this section, along with any supporting documentation or
146-evidence.
147-(6) A sworn statement that a monetary judgment is not
148-outstanding to the landlord in the eviction action with respect to
149-which the petitioner seeks relief under this section.
150-(c) (d) The court may do any of the following, with respect to a
151-petition filed under subsection (a) or (b):
152-(1) Issue an order prohibiting the disclosure of any records in the
153-action, in accordance with section 3 of this chapter, without a
154-hearing, if the court determines that the petition contains
155-sufficient information under subsection (b). subsection (c).
156-(2) Set the matter for a hearing if:
157-(A) the court determines that the petition does not contain
158-sufficient information under subsection (b); subsection (c); or
159-(B) one (1) or more questions arise from the petition.
160-In a hearing under this subdivision, the petitioner bears the
161-burden of proof with respect to whether the court should issue an
162-order prohibiting the disclosure of any records in the eviction
163-action in accordance with section 3 of this chapter.
164-SEA 142 — Concur President of the Senate
165-President Pro Tempore
166-Speaker of the House of Representatives
167-Governor of the State of Indiana
168-Date: Time:
169-SEA 142 — Concur
315+lien upon real estate and chattels real pursuant to IC 34-55-9-2.".
316+Page 4, line 5, delete "3(a)(4)" and insert "3(b)".
317+Renumber all SECTIONS consecutively.
318+and when so amended that said bill do pass.
319+(Reference is to SB 142 as reprinted January 28, 2025.)
320+JETER
321+Committee Vote: yeas 10, nays 1.
322+ES 142—LS 6541/DI 106