evidence_text: Rep. Filler moved to amend the bill as follows:
  
  1. Amend page 2, line 8, after “ to ” by striking out “ subsection (3), ” and inserting “ subsections (3) and (4), ”.
  
  2. Amend page 3, following line 5, by inserting:
  
  “ (4) In making a determination whether to grant a petition to set aside a first violation operating while intoxicated offense conviction the reviewing court may consider whether or not the petitioner has benefited from rehabilitative or educational programs, if any were ordered by the sentencing court, or whether such steps were taken by the petitioner before sentencing for the first violation operating while intoxicated offense conviction he or she is seeking to set aside. The reviewing court is not constrained by the record made at sentencing. The reviewing court may deny the petition if it is not convinced that the petitioner has either availed himself or herself of rehabilitative or educational programming or benefited from rehabilitative or educational programming he or she has completed. ” and renumbering the remaining subsection.
  
  The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.