HB 1634 Illinois House · 101st Regular Session

DUI-SEALING & EXPUNGEMENT

Summary
Amends the Criminal Identification Act. Provides that a person may petition for sealing or expungement for a violation of driving under the influence of alcohol or drugs, aggravated driving under the influence of alcohol or drugs, or a similar provision of a local ordinance after a period of 10 years after the termination of the petitioner's sentence if the petitioner has not been arrested for, or convicted of, a subsequent violation. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Criminal Identification Act. Provides that the court may not order the sealing or expungement of the records of arrests or charges not initiated by arrest that result in an order of supervision for or conviction of driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof (DUI) under the Illinois Vehicle Code or a similar provision of a local ordinance; except that the court may order the sealing of one misdemeanor record of arrest or charge not initiated by arrest that results in an order of supervision for or conviction of DUI under the Illinois Vehicle Code or a similar provision of a local ordinance per petitioner if each of the following conditions have been met: (1) the petitioner has not previously been convicted of or placed on supervision for DUI under the Illinois Vehicle Code or a similar provision of a local ordinance; (2) 10 or more years have passed since the termination of the petitioner's sentence; (3) during the commission of the violation, the petitioner did not proximately cause death or personal injury to any other person or damage the property of any other person and was not arrested for a violation of resisting or obstructing a peace officer; (4) during the arrest or stop of the petitioner by a law enforcement officer for commission of the violation, the petitioner submitted to a test under the Illinois Vehicle Code to determine whether the petitioner was driving under the influence when requested by a law enforcement officer; (5) the petitioner has no other misdemeanor or felony driving charge on his or her driving abstract; and (6) the judge examined the driving abstract of the petitioner petitioning to have his or her records sealed under this provision and made a finding entered on the record that the petitioner did not enter into a plea agreement on a lesser charge other than a DUI under the Illinois Vehicle Code or a similar provision of a local ordinance, and the facts did not support that the petitioner had previously committed a DUI under the Illinois Vehicle Code or a similar provision of a local ordinance.
Bill status failed 2 of 4 stages cleared
Introduction
Mar 2019
Committee Review
Mar 2019
House Failed
Mar 2019
Governor
Introduced Mar 28, 2019 Last action Mar 29, 2019
Floor votes · House Mar 28, 2019

How they voted

3347
Failed · 20 other
Total votes 100
Mar 28, 2019
D Democratic63
21 Yea 32 Nay 10
50% Nay
R Republican37
12 Yea 15 Nay 10
40% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
19
Key actions
3
Committee
5
Amendments
2
Mar 28, 2019
Introduced
Motion Filed to Reconsider Vote Rep. Mark Batinick
lower
Mar 28, 2019
Vote failed
House Vote: fail (33-47-20)
house
Mar 19, 2019
Lower · Passed
Do Pass as Amended / Short Debate Judiciary - Criminal Committee; 013-001-000
lower
Mar 19, 2019
Lower · Passed
House Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
lower
Mar 5, 2019
Lower · Passed
House Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
lower
Feb 27, 2019
Committee
House Committee Amendment No. 1 Referred to Rules Committee
lower
Feb 27, 2019
Introduced
House Committee Amendment No. 1 Filed with Clerk by Rep. Tony McCombie
lower
Feb 13, 2019
Committee
Assigned to Judiciary - Criminal Committee
lower
Feb 1, 2019
Committee
Referred to Rules Committee
lower
0 primary · 2 co-sponsors

Sponsors

No sponsor information available.