EVICT-IMPOUND FILE-DISMISSAL
Summary
Amends the Eviction Article of the Code of Civil Procedure. Repeals language regarding the discretionary sealing of court files and the mandatory sealing of court files. Requires the court to automatically order the impounding of any court file in a residential eviction action when: the parties agree to impound the court file; the court dismisses the case; either party files a satisfaction of judgment; the court enters judgment in favor of the tenant; or the court enters an eviction order against the tenant, but the complaint does not allege a material violation of the lease. Requires the court to order the impounding of any court file in a residential eviction action if the interests of justice in impounding the court file outweigh the public interest in maintaining a public record. Requires court files relating to the termination of bona fide leases in residential real estate in foreclosure and the right to possession to be impounded or placed under seal. Sets forth impounding requirements for residential eviction cases initiated prior to the effective date of the amendatory Act. Allows a scholarly, public policy, or court reform agency or educational, journalistic, or governmental body to access all impounded files. Provides that any person who disseminates a sealed or impounded court file is liable for a civil penalty of $2,000 or twice the actual and consequential damages, whichever is greater. Allows the Attorney General to enforce a violation of the provisions under the Consumer Fraud and Deceptive Business Practices Act. Sets forth notice requirements for the court when a plaintiff has not further prosecuted an eviction action for a period of 180 days. Allows for the dismissal of such a case if the plaintiff fails to take further action after such notice is received. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act.
Bill status
in committee
1 of 4 stages cleared
Introduction
Jan 2023
Committee Review
Floor Vote
Governor
Introduced Jan 31, 2023
Last action Mar 21, 2023
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
9
Key actions
1
Committee
4
Mar 10, 2023
Committee
Rule 3-9(a) / Re-referred to Assignments
lower
Feb 22, 2023
Lower · Passed
To Subcommittee on Property
lower
Feb 14, 2023
Committee
Assigned to Judiciary
lower
Jan 31, 2023
Committee
Referred to Assignments
lower
1 primary · 3 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Karina Villa
DDemocratic
Co
Ann Gillespie
DDemocratic
Co
Cristina H. Pacione-Zayas
DDemocratic
Co
Robert Peters
DDemocratic
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