2022 Regular Session
Residential eviction actions. Defines an "eviction action information provider" as a person that compiles, furnishes, or publishes information that: (1) concerns an eviction action that is filed in a court in Indiana; and (2) is available in records kept by a clerk of a court in Indiana with jurisdiction over the eviction action (eviction action information). Prohibits an eviction action information provider from knowingly compiling, furnishing, or publishing eviction action information if: (1) a court has issued an order under the bill's provisions prohibiting disclosure of any records in the eviction action; (2) the record of the eviction action has otherwise been restricted by: (A) a court order; or (B) court rules; and is marked as restricted from public disclosure or is removed from public access; or (3) the eviction action information provider knows that the eviction action information is inaccurate. Prohibits an eviction action information provider from knowingly compiling, furnishing, or publishing eviction action information if the eviction action information fails to reflect material changes to the official record occurring at least 60 days before the date the eviction action information is compiled, furnished, or published. Provides that a violation of these provisions is a deceptive act that is actionable under the deceptive consumer sales act. Requires the plaintiff in a residential eviction action to file a motion to dismiss the action if the case is resolved between the parties at any time before final adjudication, unless the plaintiff is seeking damages. Provides that if, at any time after an eviction action is filed, no action has been taken by the plaintiff to further prosecute the case for a period of at least 180 days, the court shall provide to the parties written notice: (1) stating the date of the most recent action taken by the plaintiff in the case; and (2) directing the plaintiff to take action to either: (A) further prosecute the case; or (B) dismiss the case; not later than 10 business days after the date of the notice. Provides that if the plaintiff fails to take any action within the prescribed time: (1) the defendant may petition the court to dismiss the case; or (2) the court on its own motion may dismiss the case. Provides that a residential eviction diversion program may not be offered or operated on a statewide or local basis unless: (1) participation in the program is voluntary for all parties; and (2) a local, state, or federal rental assistance program is operational, and funding is available to the parties. Requires the court in which an eviction action is filed to order the clerk of the court and the operator of any state, regional, or local case management system not to disclose or permit disclosure of any records in the case, subject to certain exceptions, if any of the following occur: (1) The action is dismissed. (2) A judgment in favor of the tenant is entered. (3) A judgment against the tenant is later overturned or vacated on appeal. (4) After a judgment is entered against the tenant, the tenant pays all amounts owed to the landlord, resulting in the dismissal of a damages hearing. Provides that if: (1) an eviction action, regardless of when it was filed, results in one of the specified outcomes allowing for the nondisclosure of records in the action; and (2) the court does not issue an order prohibiting the disclosure of any records in the action; the tenant in the action may petition the court in which the eviction action was filed to issue an order prohibiting the disclosure of any records in the action in accordance with the bill's provisions. Provides that the court may: (1) issue an order prohibiting the disclosure of any records in the action; or (2) set the matter for a hearing. Provides that the petitioner bears the burden of proof in any hearing set by the court. Requires the clerk of court or other court administrator to: (1) track all eviction actions with respect to which a nondisclosure order is issued by the court; and (2) on an annual basis: (A) compile, as aggregate data that is subject to public inspection, the information tracked; and (B) include the compiled data in the statutorily required statistical data provided to the office of judicial administration (office) on a periodic basis. Requires the office to include the data provided by the courts in the Indiana Judicial Report.
SponsorsEthan Manning Chris Jeter Edward Clere Vernon Smith Eric Koch Mike Gaskill James Buck Rodney Pol Timothy Lanane Lonnie Randolph Greg Taylor Shelli Yoder Linda Rogers Jeff Raatz Ronnie Alting John Crane Kyle Walker Greg Walker Clyde Perfect Andy Zay Justin Busch Stacey Donato Chris Garten Brian Buchanan Philip Boots Michael Crider Blake Doriot Aaron Freeman Mike Bohacek Jack Sandlin Scott Baldwin Mark Messmer Rick Niemeyer Kevin Boehnlein Dennis Kruse
Signed by the Speaker