Rep. PACE proposes the following amendment (LC-4270.CM0002H):
Amend the bill, as and if amended, SECTION 1, by striking Section 30-2-60 and inserting:
Section 30-2-60. Eviction filings and records made pursuant to Section 27-40-10 or 27-37-10, including those concluded by Orders of Eviction or Writ of Ejectment, cases resolved by settlement, or resolved by subsequent payment for the judgment that satisfied any debt that include personal information of a defendant, must be removed from the public index and any publicly accessible files available for public record five years after the final disposition or filing if no disposition is recorded. Court records more than five years old must be automatically removed from public index records specified herein.(A) A defendant in an eviction filing or record made pursuant to Section 27-40-10 or 27-37-10 may petition the court, after seven years from final disposition, or filing if no disposition, to seal the record from the public index. The petition must include evidence of financial responsibility, including no subsequent eviction filings, satisfaction of any outstanding judgments, and at least three years of positive rental or credit references. The court shall notify the original plaintiff (landlord) and grant the petition only after opportunity for objection and upon a finding that sealing serves justice without harming third-party reliance interests.(B) No record shall be automatically removed. All records shall remain publicly accessible unless sealed by court order under this section.
Renumber sections to conform.
Amend title to conform.