HB 1214 IN

0likes☆Favorite🔕SubscribeShare

Became Law

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.

• Ethan Manning Republican · author
• Eric Koch Republican · sponsor
• Mike Gaskill Republican · sponsor

1. Jan 6, 2022 Coauthored by Representative Jeter · lower
2. Jan 6, 2022 Authored by Representative Manning · lower
3. Jan 6, 2022 First reading: referred to Committee on Judiciary · lower
4. Jan 20, 2022 Committee report: amend do pass, adopted · lower
5. Jan 24, 2022 Second reading: ordered engrossed · lower
6. Jan 25, 2022 Senate sponsor: Senator Koch · lower
7. Jan 25, 2022 Third reading: passed; Roll Call 78: yeas 89, nays 0 · lower
8. Jan 25, 2022 Representatives Clere and Smith, V. added as coauthors · lower
9. Jan 26, 2022 Referred to the Senate · lower
10. Feb 2, 2022 First reading: referred to Committee on Judiciary · upper
11. Feb 14, 2022 Senator Buck added as cosponsor · upper
12. Feb 14, 2022 Senators Pol and Lanane added as cosponsors · upper
13. Feb 14, 2022 Senator Randolph added as cosponsor · upper
14. Feb 17, 2022 Committee report: amend do pass, adopted · upper
15. Feb 17, 2022 Senator Taylor G added as cosponsor · upper
16. Feb 21, 2022 Second reading: ordered engrossed · upper
17. Feb 21, 2022 Senator Yoder added as cosponsor · upper
18. Feb 22, 2022 Third reading: passed; Roll Call 234: yeas 49, nays 0 · upper
19. Feb 22, 2022 Senator Gaskill added as second sponsor · upper
20. Feb 22, 2022 Senators Rogers, Raatz, Alting, Crane, Walker K, Walker G, Perfect, Zay, Busch, Donato, Garten, Buchanan added as cosponsors · upper
21. Feb 22, 2022 Senators Boots and Crider added as cosponsors · upper
22. Feb 22, 2022 Senator Doriot added as cosponsor · upper
23. Feb 22, 2022 Senators Freeman, Bohacek, Sandlin, Baldwin added as cosponsors · upper
24. Feb 22, 2022 Senator Messmer added as cosponsor · upper
25. Feb 22, 2022 Senators Niemeyer, Boehnlein, Kruse added as cosponsors · upper
26. Feb 23, 2022 Returned to the House with amendments · upper
27. Feb 28, 2022 Motion to concur filed · lower
28. Mar 1, 2022 House concurred in Senate amendments; Roll Call 314: yeas 91, nays 0 · lower
29. Mar 4, 2022 Signed by the Speaker · lower
30. Mar 7, 2022 Signed by the President Pro Tempore · upper
31. Mar 15, 2022 Signed by the President of the Senate · upper
32. Mar 18, 2022 Signed by the Governor · executive
33. Mar 18, 2022 Public Law 164 · lower

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled House Bill (H) · Mar 1, 2022 · PDF
• Introduced House Bill (H) · Jan 5, 2022 · PDF
• House Bill (H) · Jan 20, 2022 · PDF
• House Bill (S) · Feb 17, 2022 · PDF