95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2834


 
Introduced 2/15/2008, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		














625 ILCS 5/11-501.4-1









    Amends the Illinois Vehicle Code.  Provides that the results of blood or
urine
tests performed for the purpose of determining the content of alcohol, other
drug or drugs, or intoxicating compound or compounds, or any combination
thereof, in an individual's blood or urine conducted upon persons
receiving medical treatment in a hospital emergency room for injuries resulting
from a motor vehicle accident shall be disclosed
to the Department
of State Police
or local law enforcement agencies of jurisdiction (rather than shall be disclosed upon request).  Effective immediately.
















LRB095 15984 RLC 41996 b

















 


 


A BILL FOR









 











SB2834

LRB095 15984 RLC 41996 b






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    AN ACT concerning vehicles.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Vehicle Code is amended  by changing 
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Section 11-501.4-1 as follows:
 



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    (625 ILCS 5/11-501.4-1)



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    Sec. 11-501.4-1. Reporting of test results of blood or 
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urine conducted in
the regular course of providing emergency 
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medical treatment.

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    (a) Notwithstanding any other provision of law, the results 
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of blood or
urine
tests performed for the purpose of 
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determining the content of alcohol, other
drug or drugs, or 
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intoxicating compound or compounds, or any combination

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thereof, in an individual's blood or urine conducted upon 
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persons
receiving medical treatment in a hospital emergency 
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room for injuries resulting
from a motor vehicle accident shall 
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be disclosed
to the Department
of State Police
or local law 
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enforcement agencies of jurisdiction, upon request.
Such blood 
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or urine tests are admissible in evidence as a business record

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exception to the hearsay rule only in prosecutions for any 
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violation of Section
11-501 of this Code or a similar provision 
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of a local ordinance, or in
prosecutions for reckless homicide 
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brought under the Criminal Code of 1961.

 


 






SB2834
- 2 -
LRB095 15984 RLC 41996 b




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    (b) The confidentiality provisions of law pertaining to 
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medical records and
medical treatment shall not be applicable 
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with regard to tests performed upon
an
individual's blood or 
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urine under the provisions of subsection (a) of this
Section. 
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No person shall be liable for civil damages or professional 
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discipline
as a result of the disclosure or reporting of the 
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tests or the evidentiary
use of an
individual's blood or urine 
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test results under this Section or Section 11-501.4
or as a 
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result of that person's testimony made available under this 
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Section or
Section 11-501.4, except for willful or wanton 
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misconduct.

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(Source: P.A. 90-779, eff. 1-1-99; 91-125, eff. 1-1-00.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.