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92_HB2293
LRB9205088ARsb
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.