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IN HB1298
Bill
Status
1/16/2018
Primary Sponsor
Timothy Wesco
Click for details
AI Summary
HB 1298 Summary
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Allows persons convicted of OWI as a misdemeanor to petition for expungement before five years have elapsed if they successfully complete an ignition interlock device program for at least six months without violation.
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Requires eligible defendants to receive specialized driving privileges from the court and consent to ignition interlock device installation and use for a minimum of six months.
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Permits immediate expungement petition without prosecuting attorney consent once defendant successfully completes the ignition interlock program and all court-imposed conditions.
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Applies only to first-time offenders with no prior OWI convictions or comparable offenses; excludes cases involving property damage, serious violations, or pretrial diversion participation.
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Establishes specific filing requirements including verified petition containing arrest date, charging information, county details, case number, aliases, driver's license number, birth date, and Social Security number.
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Effective July 1, 2018.
Legislative Description
Ignition interlock program for OWI expungement. Provides that a person who: (1) is convicted of operating a motor vehicle while intoxicated (OWI) as a misdemeanor; (2) receives specialized driving privileges from the court; (3) is not prohibited from using an ignition interlock device; (4) agrees to the installation of an ignition interlock device on the person's motor vehicle; (5) agrees to use an ignition interlock device for not less than six months; and (6) fully complies with all additional terms and conditions imposed by the court at the time of sentencing; may petition the court for an expungement of certain
Last Action
First reading: referred to Committee on Courts and Criminal Code
1/16/2018