Illinois General Assembly - Bill Status for HB1634
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 Bill Status of HB1634  101st General Assembly


Short Description:  DUI-SEALING & EXPUNGEMENT

House Sponsors
Rep. Tony McCombie, La Shawn K. Ford and Jaime M. Andrade, Jr.

Last Action
DateChamber Action
  3/28/2019HouseThird Reading - Short Debate - Lost 044-052-004

Statutes Amended In Order of Appearance
20 ILCS 2630/5.2


Synopsis As Introduced
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.

Actions 
DateChamber Action
  1/31/2019HouseFiled with the Clerk by Rep. Tony McCombie
  2/1/2019HouseFirst Reading
  2/1/2019HouseReferred to Rules Committee
  2/13/2019HouseAssigned to Judiciary - Criminal Committee
  2/27/2019HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Tony McCombie
  2/27/2019HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/5/2019HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/19/2019HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  3/19/2019HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 013-001-000
  3/21/2019HousePlaced on Calendar 2nd Reading - Short Debate
  3/26/2019HouseSecond Reading - Short Debate
  3/26/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/28/2019HouseThird Reading - Short Debate - Lost 044-052-004
  3/28/2019HouseMotion Filed to Reconsider Vote Rep. Mark Batinick
  3/28/2019HouseAdded Co-Sponsor Rep. La Shawn K. Ford
  3/28/2019HouseAdded Co-Sponsor Rep. Maurice A. West, II
  3/28/2019HouseAdded Co-Sponsor Rep. Jaime M. Andrade, Jr.
  3/29/2019HouseRemoved Co-Sponsor Rep. Maurice A. West, II

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