Bill Text: IA HF2435 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to court records of actions that have been found to be frivolous and actions for slander or libel.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2024-02-12 - Introduced, referred to Judiciary. H.J. 238. [HF2435 Detail]
Download: Iowa-2023-HF2435-Introduced.html
House
File
2435
-
Introduced
HOUSE
FILE
2435
BY
AMOS
JR.
,
KURTH
,
SCHOLTEN
,
FORBES
,
CROKEN
,
BAGNIEWSKI
,
STAED
,
MADISON
,
and
ABDUL-SAMAD
A
BILL
FOR
An
Act
relating
to
court
records
of
actions
that
have
been
1
found
to
be
frivolous
and
actions
for
slander
or
libel.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5744YH
(4)
90
cm/jh
H.F.
2435
Section
1.
NEW
SECTION
.
624B.1
Expungement
——
sealing
of
1
court
records.
2
1.
In
an
action
that
has
been
found
to
be
frivolous
or
3
an
action
for
slander
or
libel,
the
court
shall
enter
an
4
order
sealing
the
court
records
of
the
action
not
later
than
5
three
days
from
the
date
of
the
hearing,
or
from
the
date
the
6
hearing
would
have
been
held
as
provided
by
law,
if
any
of
the
7
following
occurs:
8
a.
The
defendant
is
found
not
liable.
9
b.
By
motion
or
upon
the
court’s
own
determination,
the
10
court
finds
there
is
no
genuine
issue
of
material
fact
between
11
the
parties.
12
c.
The
court
dismisses
the
plaintiff’s
claim.
13
d.
The
plaintiff
withdraws
the
claim.
14
e.
The
plaintiff
does
not
appear
for
the
hearing.
15
f.
Both
parties
consent
to
the
order.
16
2.
Upon
application
of
a
defendant
who
was
found
liable
17
in
an
action
for
slander
or
libel,
the
court
shall
enter
an
18
order
sealing
the
record
of
the
action,
the
existence
of
the
19
petition,
all
filings
and
documentation
within
the
case
file,
20
and
any
associated
writs
of
execution,
if
all
of
the
following
21
conditions
are
met:
22
a.
More
than
three
years
have
passed
since
the
date
of
the
23
finding
of
liability.
24
b.
The
applicant
has
not
been
found
liable
in
a
subsequent
25
action
for
slander
or
libel
in
the
three-year
period
directly
26
preceding
the
application.
27
c.
The
applicant
has
not
previously
been
granted
a
sealing
28
of
a
finding
of
liability
under
this
chapter
within
ten
years
29
prior
to
the
application.
30
3.
The
application
to
seal
the
record
of
the
action
shall
be
31
included
in
the
record
the
defendant
wishes
to
seal,
using
a
32
form
prescribed
by
the
supreme
court.
33
4.
Upon
sealing,
the
existence
of
the
petition,
all
filings
34
and
documentation
within
the
case
file,
and
any
associated
35
-1-
LSB
5744YH
(4)
90
cm/jh
1/
3
H.F.
2435
writs
of
execution
shall
be
removed
from
any
publicly
1
accessible
location
under
the
direction
of
the
judicial
branch
2
or
county,
as
applicable.
Notwithstanding
chapter
22,
records
3
sealed
upon
satisfaction
of
the
requirements
specified
in
this
4
section
shall
not
be
available
for
public
inspection
except
as
5
provided
in
subsection
5.
6
5.
The
clerk
of
court
in
the
county
in
which
an
action
is
7
originated
shall
maintain
a
record
in
the
aggregate
of
all
8
filings
and
the
final
disposition
of
any
such
actions,
to
9
include
dismissal,
default
judgment,
and
writs
associated
with
10
disposition.
The
clerk
of
court
shall
make
available
to
the
11
public
and
report
annually
such
aggregate
information
in
such
12
a
manner
prescribed
by
the
supreme
court
as
to
protect
the
13
identity
of
the
parties
while
still
providing
the
public
with
14
information
regarding
eviction
proceedings
in
the
county.
15
6.
Upon
sealing,
the
clerk
of
court
shall
not
disclose
the
16
existence
of,
or
information
regarding,
an
action
that
has
been
17
found
to
be
frivolous
or
an
action
for
slander
or
libel
sealed
18
or
made
confidential
under
this
section.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
sealing
court
records
of
an
action
that
23
has
been
found
to
be
frivolous
or
an
action
for
slander
or
24
libel.
25
The
bill
provides
that
a
court
shall
seal
the
court
records
26
of
an
action
that
has
been
found
to
be
frivolous
or
an
action
27
for
slander
or
libel
not
later
than
three
days
from
the
date
28
of
the
hearing
if
any
of
the
following
have
occurred:
the
29
defendant
is
found
not
liable,
the
court
finds
there
is
no
30
genuine
issue
of
material
fact
between
the
parties
or
dismisses
31
the
plaintiff’s
claim,
the
plaintiff
withdraws
the
claim,
the
32
plaintiff
does
not
appear
for
the
hearing,
or
if
by
consent
of
33
both
parties.
34
The
bill
provides
that
upon
application
of
a
defendant
found
35
-2-
LSB
5744YH
(4)
90
cm/jh
2/
3
H.F.
2435
liable
in
an
action
for
slander
or
libel,
the
court
shall
1
seal
the
court
records
if
more
than
three
years
have
passed
2
since
disposition,
the
applicant
has
not
been
found
liable
in
3
subsequent
slander
or
libel
action
in
the
three-year
period
4
preceding
the
application,
and
the
applicant
within
the
last
10
5
years
has
not
been
granted
a
sealing
of
an
action
for
slander
6
or
libel.
The
application
to
seal
shall
be
included
in
the
7
sealed
court
records.
8
The
bill
provides
that
upon
sealing
of
court
records,
9
all
filings,
documentation,
and
writs
of
association
shall
10
be
removed
from
any
publicly
accessible
location.
Court
11
records
sealed
shall
not
be
available
for
public
inspection.
12
However,
the
clerk
of
court
in
the
county
in
which
an
action
13
is
originated
shall
maintain
a
record
in
the
aggregate
of
all
14
filings
and
make
such
information
available
to
the
public
in
15
such
a
manner
prescribed
by
the
supreme
court
as
to
protect
the
16
identity
of
the
parties
while
still
providing
the
public
with
17
information
relating
to
an
action
that
has
been
found
to
be
18
frivolous
or
for
slander
or
libel
in
the
county.
19
The
bill
provides
that
upon
sealing
the
clerk
of
court
shall
20
not
disclose
the
existence
of,
or
information
regarding,
an
21
action
for
slander
or
libel
or
other
civil
action
sealed
or
22
made
confidential
under
the
bill.
23
-3-
LSB
5744YH
(4)
90
cm/jh
3/
3
