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: |
---|
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 |
---|
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 |
---|