State of Illinois
92nd General Assembly

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 1        AN ACT concerning vehicles.

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

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

 6        (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
 7        Sec.  11-501.4.  Admissibility of chemical tests of blood
 8    conducted  in  the  regular  course  of  providing  emergency
 9    medical treatment.
10        (a)  Notwithstanding any  other  provision  of  law,  the
11    results   of   blood  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  conducted  upon  persons
15    receiving  medical treatment in a hospital emergency room are
16    admissible in evidence as a business record exception to  the
17    hearsay  rule  only  in  prosecutions  for  any  violation of
18    Section 11-501 of this Code or a similar provision of a local
19    ordinance, or in prosecutions for reckless  homicide  brought
20    under  the  Criminal Code of 1961, when each of the following
21    criteria are met:
22             (1)  the   chemical   tests   performed   upon    an
23        individual's  blood were ordered in the regular course of
24        providing emergency medical  treatment  and  not  at  the
25        request of law enforcement authorities;
26             (2)  the    chemical   tests   performed   upon   an
27        individual's  blood  were  performed  by  the  laboratory
28        routinely used by the hospital; and
29             (3)  results of chemical  tests  performed  upon  an
30        individual's   blood   are   admissible   into   evidence
31        regardless of the time that the records were prepared.
                            -2-                LRB9205088ARsb
 1        (b)  The  confidentiality provisions of law pertaining to
 2    medical records and medical treatment shall not be applicable
 3    with regard to chemical tests performed upon an  individual's
 4    blood under the provisions of this Section in prosecutions as
 5    specified in subsection (a) of this Section.  No person shall
 6    be  liable  for  civil damages as a result of the evidentiary
 7    use of chemical testing of an individual's blood test results
 8    under this Section, or as a result of that person's testimony
 9    made available under this Section.
10        (c)  As a result of a blood test taken pursuant  to  this
11    Section,  a serum-blood alcohol level of .10 or more is prima
12    facie evidence of a violation of paragraph (1) of  subsection
13    (a) of Section 11-501 of this Code.
14        (d)  Evidence  of a serum-blood alcohol level is evidence
15    of impairment in a charge of a violation of paragraph (2)  of
16    subsection (a) of Section 11-501 of this Code.
17    (Source: P.A. 90-779, eff. 1-1-99.)

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

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