Full Text of HB5776 96th General Assembly
HB5776ham001 96TH GENERAL ASSEMBLY
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Rep. Michael G. Connelly
Filed: 3/10/2010
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09600HB5776ham001 |
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LRB096 17958 AJT 36865 a |
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| AMENDMENT TO HOUSE BILL 5776
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| AMENDMENT NO. ______. Amend House Bill 5776 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Section 11-501.4 as follows:
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| (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
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| Sec. 11-501.4.
Admissibility of chemical tests of blood or | 8 |
| urine conducted in
the regular course of providing emergency | 9 |
| medical treatment.
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| (a) Notwithstanding any other provision of law, the results | 11 |
| of
blood or urine tests performed for the purpose of | 12 |
| determining the content of alcohol,
other drug or drugs, or | 13 |
| intoxicating compound or compounds, or any
combination | 14 |
| thereof, of an individual's blood or urine conducted upon | 15 |
| persons
receiving
medical treatment in a hospital emergency | 16 |
| room are admissible in evidence as a
business record exception |
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09600HB5776ham001 |
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LRB096 17958 AJT 36865 a |
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| to the hearsay rule only in prosecutions for any
violation of | 2 |
| Section 11-501 of this Code or a similar provision of a local
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| ordinance, or in prosecutions for reckless homicide brought | 4 |
| under the Criminal
Code of 1961, when each of the following | 5 |
| criteria are met:
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| (1) the chemical tests performed upon an individual's | 7 |
| blood or urine were ordered
in the
regular course of | 8 |
| providing emergency medical treatment and not at the
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| request of law enforcement authorities;
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| (2) the chemical tests performed upon an individual's | 11 |
| blood or urine were performed
by the laboratory routinely | 12 |
| used by the hospital; and
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| (3) results of chemical tests performed upon an | 14 |
| individual's blood or urine are
admissible into evidence | 15 |
| regardless of the time that the records were
prepared.
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| (b) The confidentiality provisions of law pertaining to | 17 |
| medical records
and medical treatment shall not be applicable | 18 |
| with regard to chemical tests
performed upon an individual's | 19 |
| blood or urine under the provisions of this Section in
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| prosecutions as specified in subsection (a) of this Section. No | 21 |
| person shall
be liable for civil damages as a result of the | 22 |
| evidentiary use of chemical
testing of an individual's blood or | 23 |
| urine test results under this Section, or as a
result of that | 24 |
| person's testimony made available under this Section.
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| (c) In a prosecution of a person accused of violating | 26 |
| Section 11-501 of this Code, reckless homicide under Section |
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09600HB5776ham001 |
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LRB096 17958 AJT 36865 a |
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| 9-3 of the Criminal Code of 1961, or a similar provision of a | 2 |
| local ordinance, the conversion rate to convert blood serum or | 3 |
| blood plasma alcohol level to the whole blood equivalent for | 4 |
| grams of alcohol per 100 milliliters of blood shall be to | 5 |
| divide the blood serum or plasma level by 1.18. | 6 |
| (Source: P.A. 96-289, eff. 8-11-09.)
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| Section 10. The Snowmobile Registration and Safety Act is | 8 |
| amended by changing Section 5-7.4 as follows:
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| (625 ILCS 40/5-7.4)
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| Sec. 5-7.4.
Admissibility of chemical tests of blood or | 11 |
| urine conducted in the
regular course of providing emergency | 12 |
| medical treatment.
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| (a) Notwithstanding any other provision of law, the results | 14 |
| of
blood or urine tests performed for the purpose of | 15 |
| determining the content of
alcohol, other drug or drugs, | 16 |
| intoxicating compound or compounds, or any
combination of them | 17 |
| in an individual's blood or urine conducted upon persons | 18 |
| receiving
medical treatment in a
hospital
emergency room, are | 19 |
| admissible in evidence as a business record exception
to the
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| hearsay rule only in prosecutions for a violation of Section | 21 |
| 5-7 of this
Act or a similar provision of a local ordinance or | 22 |
| in prosecutions for reckless
homicide brought under the | 23 |
| Criminal Code of 1961.
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| The results of the tests are admissible only when
each of |
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09600HB5776ham001 |
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LRB096 17958 AJT 36865 a |
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| the following criteria are met:
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| 1. The chemical tests performed upon an individual's | 3 |
| blood or urine were
ordered
in the
regular course of | 4 |
| providing emergency treatment and not at the request of law
| 5 |
| enforcement authorities; and
| 6 |
| 2. The chemical tests performed upon an individual's | 7 |
| blood or urine were
performed by the
laboratory routinely | 8 |
| used by the hospital.
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| 3. (Blank).
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| Results of chemical tests performed upon an individual's | 11 |
| blood or urine
are
admissible into evidence regardless of the | 12 |
| time that the records were
prepared.
| 13 |
| (b) The confidentiality provisions of law pertaining to | 14 |
| medical records and
medical treatment are not applicable with | 15 |
| regard to chemical tests
performed upon a person's blood or | 16 |
| urine under the provisions of this
Section in prosecutions as | 17 |
| specified in
subsection (a) of this Section. No person
shall be | 18 |
| liable for civil damages as
a result of the evidentiary use of | 19 |
| the results of chemical testing of the
individual's blood or | 20 |
| urine under this
Section or as a result of that person's | 21 |
| testimony made available under this
Section.
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| (c) In a prosecution of a person accused of violating | 23 |
| Section 5-7 of this
Act, reckless homicide under Section 9-3 of | 24 |
| the Criminal Code of 1961, or a similar provision of a local | 25 |
| ordinance, the conversion rate to convert blood serum or blood | 26 |
| plasma alcohol level to the whole blood equivalent for grams of |
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09600HB5776ham001 |
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LRB096 17958 AJT 36865 a |
|
| 1 |
| alcohol per 100 milliliters of blood shall be to divide the | 2 |
| blood serum or plasma level by 1.18. | 3 |
| (Source: P.A. 96-289, eff. 8-11-09.)
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| Section 15. The Boat Registration and Safety Act is amended | 5 |
| by changing Section 5-16a as follows:
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| (625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
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| Sec. 5-16a.
Admissibility of chemical tests of blood or | 8 |
| urine conducted in the regular course of providing emergency | 9 |
| medical
treatment.
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| (a) Notwithstanding any other provision of law, the written | 11 |
| results of
blood or urine alcohol tests conducted upon persons | 12 |
| receiving medical treatment in a
hospital emergency room are | 13 |
| admissible in evidence as a business record
exception to the | 14 |
| hearsay rule only in prosecutions for any violation of
Section | 15 |
| 5-16 of this Act or a similar provision of a local
ordinance or | 16 |
| in prosecutions for reckless homicide brought under the | 17 |
| Criminal
Code of 1961, when:
| 18 |
| (1) the chemical tests performed upon an individual's | 19 |
| blood or urine were ordered
in the regular course of | 20 |
| providing emergency treatment and not at the request
of law | 21 |
| enforcement authorities; and
| 22 |
| (2) the chemical tests performed upon an individual's | 23 |
| blood or urine
were performed by the laboratory routinely | 24 |
| used by the hospital.
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09600HB5776ham001 |
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LRB096 17958 AJT 36865 a |
|
| 1 |
| Results of
chemical tests performed upon an individual's | 2 |
| blood or urine are admissible into
evidence regardless of the | 3 |
| time that the records were prepared.
| 4 |
| (b) The confidentiality provisions of law pertaining to | 5 |
| medical records
and medical treatment shall not be applicable | 6 |
| with regard to chemical
tests performed upon an individual's | 7 |
| blood or urine under the provisions of
this Section in | 8 |
| prosecutions as
specified in subsection (a) of this Section. No | 9 |
| person shall be liable for
civil damages as a result of the | 10 |
| evidentiary use of the results of chemical
testing of an | 11 |
| individual's blood or urine under this Section or as a result | 12 |
| of that person's testimony made
available under this Section.
| 13 |
| (c) In a prosecution of a person accused of violating | 14 |
| Section 5-16 of this Act, reckless homicide under Section 9-3 | 15 |
| of the Criminal Code of 1961, or a similar provision of a local | 16 |
| ordinance, the conversion rate to convert blood serum or blood | 17 |
| plasma alcohol level to the whole blood equivalent for grams of | 18 |
| alcohol per 100 milliliters of blood shall be to divide the | 19 |
| blood serum or plasma level by 1.18. | 20 |
| (Source: P.A. 96-289, eff. 8-11-09.)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.".
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