HB 253 — SEALING OF CERTAIN COURT RECORDS

HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE BILL 253 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED4 BY6 Andrea8 Romero10 and Angelica Rubio and Kristina Ortez and Cristina Parajón 7 9 AN ACT RELATING TO COURT RECORDS;

PROVIDING PROCEDURES FOR ASEALING PETITIONAND TOUNSEALING SEAL A COURT RECORD;RECORD.

PROVIDING15 ABE PROCESSIT FORENACTED PETITIONINGBY FOR THE UNSEALINGLEGISLATURE OF ATHE COURTSTATE RECORD.OF NEW MEXICO:

16SECTION BE1. IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

A new Section 47-8B-1 NMSA 1978 is enacted to e t 17 SECTIONread: 1.

A new Section 47-8B-1 NMSA 1978 is enacted to w l n d 18 read:"47-8B-1.

[NEW MATERIAL] EVICTION RECORDS--SEALED COURT = = 19 a l "47-8B-1.RECORDS--PROCEDURES--UNSEALING COURT RECORDS.-- i a e r 20 A.

[NEW MATERIAL] EVICTION RECORDS--SEALED COURT i a e r 20 RECORDS--PROCEDURES--PETITION TO UNSEAL COURT RECORDS.-- a t m m 21 A.

da rt em 22m 21 (1) "authorized attorney" means an attorney cd r e s22 k 23 who has access to sealed eviction court records as determined c e as nk b23 24 by a policy adopted by the administrative office of the courts;

ue [a n b 24 (2) "court record" means any information .228686.5u [ contained in a docket, including the court docket, pleadings .231466.2 HJC/HB 253 and orders;

"owner" includes a mortgagee in possession and the lessors and landlords or managers of a mobile home park pursuant to the Mobile Home Park Act, but does not include a e t 17 person or persons, jointly or severally, who as owner leases we lt n17 d 18 the entire premises to a lessee of vacant land for apartment =w =l 19n ad l18 use;

i= a= e19 r 20 (5) "resident" means a person entitled under a a tl mi ma 21e r 20 rental agreement to occupy a dwelling unit in peaceful da rt em 22m 21 possession to the exclusion of others and includes the owner of cd r e s22 k 23 a mobile home renting premises, lot or parcel in a mobile home c e as nk b23 24 park for use as a site for the location of the mobile home;

and ue [a n b 24 (6) "seal" means to limit access of a court .228686.5u -[ 2 - record to:

.231466.2 - 2 - HJC/HB 253 (a) judges;

e t 17 (1) unsealed no lessfewer than fifteen days after we lt n17 dthe 18date of the dateorder upon written request of the order,owner, w l n d 18 unless:

= = 19 a l (a) the parties agree and the court a l i a e r 20 orders that the court record should remain sealed;

a t m m 21 (b) the resident files an appeal, in d r e 22 whereinwhich case the court record shall remain sealed through the c e s k 23 pendency of the appeal;

or e a n b 24 (c) the order is later set aside by the u [ court, whereinin which case the court shall as soon as practicable seal.231466.2 the .228686.5 - 3 - HJC/HB 253 seal the court record;

If a sealed court record is made available to w l n d 18 the public pursuant to Paragraph (2) of Subsection C of this = = 19 a l section, the court record shall be sealed again upon a a l i a e r 20 resident's petitionmotion indicating that:

A court record sealed pursuant to this section .228686.5.231466.2 - 4 - HJC/HB 253 shall be unsealed on order of the court upon a showing of compelling need, which may include scholarly, educational, journalistic or governmental purposes.

Residents shall not be charged a filing fee for a petitionmotion pursuant to Subsection F of this section.

The provisions of this section shall apply to all evictions provided pursuant to the Uniform Owner-Resident e t 17 Relations Act and the Mobile Home Park Act filed on or after w l n d 18 the effective date of this 2025 act." = = 19 a l - 5 - a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .228686.5.231466.2