EVICTION-SEAL COURT FILE
Summary
Amends the Eviction Article of the Code of Civil Procedure. Removes language providing for the discretionary sealing of a court file and the mandatory sealing of a court file. Provides that a court file shall be impounded upon the commencement of any residential eviction action. Allows the court to unimpound a court file if a judgment is entered in favor of the landlord, except for specified circumstances. Requires the court to impound the court file of any residential eviction case initiated 7 or more years prior to the amendatory Act regardless of the disposition of the case. Allows a tenant to file a motion to impound a court file for any residential eviction case filed less than 7 years ago that was not impounded. Requires an impounded or sealed court file to be made available only to a litigant in the case, litigant's counsel or prospective counsel, public employee responsible for processing the residential eviction action, and State or local government employee or contractor responsible for processing court-based rental assistance. Allows a scholarly, public policy, or court reform agency or educational, journalistic, or governmental body to access all impounded files by filing a motion with the judge presiding over evictions in that judicial district or county. Provides that any person who disseminates a sealed or impounded court file, or the information contained therein, for commercial purposes is liable for a civil penalty of $2,000 or twice the actual and consequential damages sustained, whichever is greater, as well as the costs of the action, including reasonable attorney's fees. Allows the Attorney General to enforce violations of the amendatory Act. Provides that a tenant need not report a court record that is sealed or impounded to a prospective landlord. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act. Effective immediately.
Bill status
failed
1 of 4 stages cleared
Introduction
Jan 2022
Committee Review
Floor Vote
Governor
Introduced Jan 27, 2022
Last action Jan 10, 2023
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
8
Key actions
1
Committee
4
Feb 18, 2022
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Feb 14, 2022
Lower · Passed
To Civil Procedure & Tort Liability Subcommittee
lower
Feb 9, 2022
Committee
Assigned to Judiciary - Civil Committee
lower
Jan 31, 2022
Committee
Referred to Rules Committee
lower
1 primary · 1 co-sponsor
Sponsors
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