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(625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
Sec. 5-16a. Admissibility of chemical tests of blood, other bodily substance, or urine conducted in the regular course of providing emergency medical
treatment.
(a) Notwithstanding any other provision of law, the written results of
blood, other bodily substance, or urine alcohol and drug tests conducted upon persons receiving medical treatment in a
hospital emergency room are admissible in evidence as a business record
exception to the hearsay rule only in prosecutions for any violation of
Section 5-16 of this Act or a similar provision of a local
ordinance or in prosecutions for reckless homicide brought under the Criminal
Code of 1961 or the Criminal Code of 2012, when:
(1) the chemical tests performed upon an individual's |
| blood, other bodily substance, or urine were ordered in the regular course of providing emergency treatment and not at the request of law enforcement authorities; and
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(2) the chemical tests performed upon an individual's
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| blood, other bodily substance, or urine were performed by the laboratory routinely used by the hospital.
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Results of
chemical tests performed upon an individual's blood, other bodily substance, or urine are admissible into
evidence regardless of the time that the records were prepared.
(b) The confidentiality provisions of law pertaining to medical records
and medical treatment shall not be applicable with regard to chemical
tests performed upon an individual's blood, other bodily substance, or urine under the provisions of
this Section in prosecutions as
specified in subsection (a) of this Section. No person shall be liable for
civil damages as a result of the evidentiary use of the results of chemical
testing of an individual's blood, other bodily substance, or urine under this Section or as a result of that person's testimony made
available under this Section.
(Source: P.A. 99-697, eff. 7-29-16.)
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