IN HB1214 | 2022 | Regular Session
Status
Completed Legislative Action
Spectrum: Moderate Partisan Bill (Republican 29-6)
Status: Passed on March 18 2022 - 100% progression
Action: 2022-03-18 - Public Law 164
Text: Latest bill text (Enrolled) [PDF]
Spectrum: Moderate Partisan Bill (Republican 29-6)
Status: Passed on March 18 2022 - 100% progression
Action: 2022-03-18 - Public Law 164
Text: Latest bill text (Enrolled) [PDF]
Summary
Residential eviction actions. 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 send 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 participation in the program is voluntary for all parties. Requires: (1) the Indiana housing and community development authority; and (2) any political subdivision that distributes rental assistance funds made available by the federal government in response to the COVID-19 pandemic; to create a designated landlord application process, in addition to the tenant application process, not later than August 31, 2022. Requires, upon motion of the tenant, 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. 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 upon the filing of such a petition, 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) furnish the data compiled in the statutorily required statistical data provided to the office of judicial administration (office), as prescribed by the office. Requires the office to include the data provided by the courts in the Indiana Judicial Report.
Title
Residential eviction actions.
Sponsors
Roll Calls
2022-03-01 - House - House - House concurred in Senate amendments (Y: 91 N: 0 NV: 1 Abs: 8) [PASS]
2022-02-22 - Senate - Senate - Third reading (Y: 49 N: 0 NV: 0 Abs: 1) [PASS]
2022-02-16 - Senate - Senate - Committee Vote (Y: 8 N: 1 NV: 0 Abs: 1) [PASS]
2022-01-25 - House - House - Third reading (Y: 89 N: 0 NV: 4 Abs: 7) [PASS]
2022-01-19 - House - House - Committee Vote (Y: 11 N: 0 NV: 0 Abs: 2) [PASS]
2022-02-22 - Senate - Senate - Third reading (Y: 49 N: 0 NV: 0 Abs: 1) [PASS]
2022-02-16 - Senate - Senate - Committee Vote (Y: 8 N: 1 NV: 0 Abs: 1) [PASS]
2022-01-25 - House - House - Third reading (Y: 89 N: 0 NV: 4 Abs: 7) [PASS]
2022-01-19 - House - House - Committee Vote (Y: 11 N: 0 NV: 0 Abs: 2) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2022-03-18 | House | Public Law 164 |
| 2022-03-18 | House | Signed by the Governor |
| 2022-03-15 | Senate | Signed by the President of the Senate |
| 2022-03-07 | Senate | Signed by the President Pro Tempore |
| 2022-03-04 | House | Signed by the Speaker |
| 2022-03-01 | House | House concurred in Senate amendments; Roll Call 314: yeas 91, nays 0 |
| 2022-02-28 | House | Motion to concur filed |
| 2022-02-23 | Senate | Returned to the House with amendments |
| 2022-02-22 | Senate | Senators Niemeyer, Boehnlein, Kruse added as cosponsors |
| 2022-02-22 | Senate | Senator Messmer added as cosponsor |
| 2022-02-22 | Senate | Senators Freeman, Bohacek, Sandlin, Baldwin added as cosponsors |
| 2022-02-22 | Senate | Senator Doriot added as cosponsor |
| 2022-02-22 | Senate | Senators Boots and Crider added as cosponsors |
| 2022-02-22 | Senate | Senators Rogers, Raatz, Alting, Crane, Walker K, Walker G, Perfect, Zay, Busch, Donato, Garten, Buchanan added as cosponsors |
| 2022-02-22 | Senate | Senator Gaskill added as second sponsor |
| 2022-02-22 | Senate | Third reading: passed; Roll Call 234: yeas 49, nays 0 |
| 2022-02-21 | Senate | Senator Yoder added as cosponsor |
| 2022-02-21 | Senate | Second reading: ordered engrossed |
| 2022-02-17 | Senate | Senator Taylor G added as cosponsor |
| 2022-02-17 | Senate | Committee report: amend do pass, adopted |
| 2022-02-14 | Senate | Senator Randolph added as cosponsor |
| 2022-02-14 | Senate | Senators Pol and Lanane added as cosponsors |
| 2022-02-14 | Senate | Senator Buck added as cosponsor |
| 2022-02-02 | Senate | First reading: referred to Committee on Judiciary |
| 2022-01-26 | House | Referred to the Senate |
| 2022-01-25 | House | Representatives Clere and Smith, V. added as coauthors |
| 2022-01-25 | House | Senate sponsor: Senator Koch |
| 2022-01-25 | House | Third reading: passed; Roll Call 78: yeas 89, nays 0 |
| 2022-01-24 | House | Second reading: ordered engrossed |
| 2022-01-20 | House | Committee report: amend do pass, adopted |
| 2022-01-06 | House | First reading: referred to Committee on Judiciary |
| 2022-01-06 | House | Coauthored by Representative Jeter |
| 2022-01-06 | House | Authored by Representative Manning |
