Bill Text: MI HB5238 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: Civil procedure: evictions; court records of evictions; require to be expunged. Amends sec. 8371 of 1961 PA 236 (MCL 600.8371) & adda sec. 5755.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed) 2024-12-18 - Referred To Committee On Government Operations [HB5238 Detail]
Download: Michigan-2023-HB5238-Engrossed.html
Substitute For
HOUSE BILL NO. 5238
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 8371 (MCL 600.8371), as amended by 2005 PA 151, and by adding section 5755.
the people of the state of michigan enact:
Sec. 5755. (1) On the commencement of summary proceedings under this chapter or chapter 57a, the court shall maintain a nonpublic record until a judgment for possession is entered for the plaintiff.
(2) Subject to subsection (4), after a judgment for possession is entered for the plaintiff in summary proceedings under this chapter or chapter 57a, on motion of a defendant or on the court's own motion, the court may order that the records of the summary proceeding be maintained as a nonpublic record if either of the following applies:
(a) Judgment was entered in the summary proceedings and the moving party has fulfilled the terms of the judgment.
(b) A writ of restitution or eviction has not been issued in the summary proceedings and 1 or both of the following apply:
(i) 1 year has passed since the summary proceedings were commenced.
(ii) The tenancy has ended.
(3) Subject to subsection (4), on the motion of a tenant, manufactured home park resident, or landlord, or on the court's own motion, a court may order that the records of summary proceedings under this chapter or chapter 57a be maintained as a nonpublic record if 1 or more of the following apply:
(a) The premises was sold under the foreclosure of a mortgage or land contract, the tenancy was terminated because the defendant continued in possession of the premises after the time limited by law for redemption of the premises, and either of the following applies:
(i) The defendant vacated the premises before the summary proceedings were filed.
(ii) The defendant did not receive a written demand for possession 90 days or more before the summary proceedings were filed.
(b) The summary proceedings were filed during the state of emergency declared under Executive Order No. 2020-4 or any extension of that order, including an order issued under section 2253 of the public health code, 1978 PA 368, MCL 333.2253.
(4) Except as provided in subsection (5), a court shall not order that records be maintained as a nonpublic record under this section if 1 or more of the following apply:
(a) A writ of restitution or eviction was issued in the summary proceedings and the writ was 1 of 3 or more writs of restitution or eviction issued against the defendant within a 3-year period.
(b) The basis for judgment entered in the summary proceedings was 1 or more of the following:
(i) Illegal controlled substance activity, under section 5714(1)(b).
(ii) A serious and continuing health hazard or injury to the premises under section 5714(1)(d).
(iii) Causing or threatening physical injury to another person on the premises under section 5714(1)(e).
(iv) Taking or holding possession by force or trespass under section 5714(1)(f).
(5) On motion of the defendant, the court may order records described in subsection (4) to be maintained as a nonpublic record under this section if both of the following apply:
(a) Ten years or more have passed since the judgment for possession entered in the summary proceedings became final.
(b) The court determines that maintaining the records as a nonpublic record is clearly in the interests of justice and those interests are not outweighed by the public's interest in knowing about the records.
(6) Unless the records are records described in subsection (4), the court shall automatically order the records in summary proceedings under this chapter or chapter 57a in which a judgment for possession has been entered to be maintained as a nonpublic record 7 years after the judgment becomes final.
(7) If a court enters an order to maintain the record as a nonpublic record under this section, the court shall enter an appropriate order that the official records of the action pertaining to the moving party be made nonpublic.
(8) The court may release records ordered to be maintained as a nonpublic record under this section for scholarly, educational, journalistic, or governmental purposes on a balancing of the interests of the tenant for nondisclosure against the interests of the requesting party. However, the tenant's name may not be disclosed, and other personally identifiable information about the tenant, such as the tenant's address, may not be disclosed unless all of the following apply:
(a) The researcher submits a written request to the court.
(b) The court approves, and the researcher executes a written data use agreement that describes the research project and that complies with subsection (9).
(c) The court is provided documented procedures of the researcher to protect the confidentiality and security of the information.
(d) The court is provided documented procedures of the researcher for data storage and the data destruction method to be used for the information provided.
(9) An agreement under which personally identifiable information contained in a court record is disclosed must do all of the following:
(a) Comply with Michigan court rules.
(b) Prohibit the rerelease of any personally identifiable information without explicit permission from the court.
(c) Require that the information be used solely for research or administrative purposes.
(d) Require that the information be used only for the project described in the agreement unless the recipient submits a written request with the description of another research project for which the information will be used and the court approves the request.
(e) Prohibit the use of the information as a basis for legal, administrative, or other action that directly affects any individual or institution identifiable from the information.
(f) State the payment, if any, to be provided by the researcher to the court for the specified research project.
(g) Require that ownership of information provided under the agreement will remain with the court, not the researcher or the research project.
(10) The clerk of a court that enters an order that a record be maintained as a nonpublic record under this section shall provide a copy of the order to the defendant, with a form developed by the state court administrative office, under the direction and supervision of the Michigan supreme court, to provide tenants with information that includes, but is not limited to, the status of the court record and options to contact credit reporting bureaus.
(11) As used in this section, "official records" means all records relating to the summary proceedings that are maintained by the court under applicable Michigan court rules, including, but not limited to, the complaint, any other pleadings, a proof of service, findings of the court, and all other papers, records, documents, and evidence, including exhibits and transcripts of testimony.
Sec. 8371. (1) In the district court, the fees prescribed in this section shall must be paid to the clerk of the court.
(2) Before a civil action is commenced in the district court, the party commencing the action shall pay to the clerk the sum of $150.00 if the amount in controversy exceeds $10,000.00. For each fee collected under this subsection, the clerk shall transmit $31.00 to the treasurer of the district funding unit in which the action was commenced, and shall transmit the balance to the state treasurer for deposit in the civil filing fee fund created by section 171.
(3) Before a civil action is commenced in the district court, the party commencing the action shall pay to the clerk the sum of $65.00 if the amount in controversy exceeds $1,750.00 but does not exceed $10,000.00. For each fee collected under this subsection, the clerk shall transmit $23.00 to the treasurer of the district funding unit in which the action was commenced, of which not less than $5.00 shall must be used by the district funding unit to fund a drug treatment court if one is planned, established, or operated in that judicial district. If the entire amount attributable to the $5.00 portion is not needed for the operation of a drug treatment court, the balance that is not needed for that purpose shall must be used for the operation of the district court. If a drug treatment court is not planned, established, or operated in that judicial district, all $23.00 shall must be used for the operation of the district court. The clerk of the district court shall transmit the balance of the filing fee to the state treasurer for deposit in the civil filing fee fund created by section 171.
(4) Before a civil action is commenced in the district court, the party commencing the action shall pay to the clerk the sum of $45.00 if the amount in controversy exceeds $600.00 but does not exceed $1,750.00. For each fee collected under this subsection, the clerk shall transmit $17.00 to the treasurer of the district funding unit in which the action was commenced, of which not less than $5.00 shall must be used by the district funding unit to fund a drug treatment court if one is planned, established, or operated in that judicial district. If the entire amount attributable to the $5.00 portion is not needed for the operation of a drug treatment court, the balance that is not needed for that purpose shall must be used for the operation of the district court. If a drug treatment court is not planned, established, or operated in that judicial district, all $17.00 shall must be used for the operation of the district court. The clerk of the district court shall transmit the balance of the filing fee to the state treasurer for deposit in the civil filing fee fund created by section 171.
(5) Before a civil action is commenced in the district court, the party commencing the action shall pay to the clerk the sum of $25.00 if the amount in controversy does not exceed $600.00. For each fee collected under this subsection, the clerk shall transmit $11.00 to the treasurer of the district funding unit in which the action was commenced, of which not less than $5.00 shall must be used by the district funding unit to fund a drug treatment court if one is planned, established, or operated in that judicial district. If the entire amount attributable to the $5.00 portion is not needed for the operation of a drug treatment court, the balance that is not needed for that purpose shall must be used for the operation of the district court. If a drug treatment court is not planned, established, or operated in that judicial district, all $11.00 shall must be used for the operation of the district court. The clerk of the district court shall transmit the balance of the filing fee to the state treasurer for deposit in the civil filing fee fund created by section 171.
(6) The judge shall order payment of any statutory fees waived or suspended if the person subject to the fee is receiving public assistance or is determined by the court to be indigent.
(7) Neither this state nor a political subdivision of this state shall be is required to pay a filing fee in a civil infraction action.
(8) Except for civil actions filed for relief under chapter 43, 57, or 84, if a civil action is filed for relief other than money damages, the filing fee shall must be equal to the filing fee in actions for money damages in excess of $1,750.00 but not in excess of $10,000.00 as provided in subsection (3) and shall must be transmitted in the same manner as a fee under subsection (3) is transmitted. If a claim for money damages is joined with a claim for relief other than money damages, the plaintiff shall pay a supplemental filing fee in the same amount as required under subsections (2) to (5).
(9) If a trial by jury is demanded, the party making the demand at the time shall pay the sum of $50.00. Failure to pay the fee at the time the demand is made constitutes a waiver of the right to a jury trial. The sum shall amount paid must be taxed in favor of the party paying the fee, in case if the party recovers a judgment for costs. For each fee collected under this subsection, the clerk shall transmit $10.00 to the state treasurer for deposit in the juror compensation reimbursement fund created in section 151d.
(10) A sum fee of $20.00 shall must be assessed for all motions filed in a civil action. A motion fee shall must not be assessed in a civil infraction action or for a motion under section 5755. For each fee collected under this subsection, the clerk shall transmit $10.00 to the state treasurer for deposit in the state court fund created in section 151a and shall transmit the balance shall be transmitted to the treasurer of the district funding unit for the district court in the district in which the action was commenced.
