96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3390


 
Introduced 2/10/2010, by Sen. John J. Millner
 
SYNOPSIS AS INTRODUCED:
 		





 








625 ILCS 5/11-501.4
  from Ch. 95 1/2, par. 11-501.4








     Amends the Illinois Vehicle Code. Provides that in a prosecution of a person accused of violating DUI, reckless homicide, or a similar provision of a local ordinance, the conversion rate to convert blood serum or blood plasma alcohol level to the whole blood equivalent for grams of alcohol per 100 milliliters of blood shall be to divide the blood serum or plasma level by 1.18. Effective immediately.
  















LRB096 17959 AJT 33328 b

















 


 


A BILL FOR









 




  






SB3390

LRB096 17959 AJT 33328 b





  
1
    AN ACT concerning transportation.
  
 
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 changing 
5
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 or 
8
urine conducted in
the regular course of providing emergency 
9
medical treatment.

10
    (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 
17
to the 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 individual's 
23
    blood or urine were ordered
in the
regular course of 
 


 






SB3390
- 2 -
LRB096 17959 AJT 33328 b




1
    providing emergency medical treatment and not at the

2
    request of law enforcement authorities;


3
        (2) the chemical tests performed upon an individual's 
4
    blood or urine were performed
by the laboratory routinely 
5
    used by the hospital; and


6
        (3) results of chemical tests performed upon an 
7
    individual's blood or urine are
admissible into evidence 
8
    regardless of the time that the records were
prepared.

9
    (b) The confidentiality provisions of law pertaining to 
10
medical records
and medical treatment shall not be applicable 
11
with regard to chemical tests
performed upon an individual's 
12
blood or urine under the provisions of this Section in

13
prosecutions as specified in subsection (a) of this Section.  No 
14
person shall
be liable for civil damages as a result of the 
15
evidentiary use of chemical
testing of an individual's blood or 
16
urine test results under this Section, or as a
result of that 
17
person's testimony made available under this Section.

18
    (c) In a prosecution of a person accused of violating 
19
Section 11-501 of this Code, reckless homicide under Section 
20
9-3 of the Criminal Code of 1961, or a similar provision of a 
21
local ordinance, the conversion rate to convert blood serum or 
22
blood plasma alcohol level to the whole blood equivalent for 
23
grams of alcohol per 100 milliliters of blood shall be to 
24
divide the blood serum or plasma level by 1.18. 
25
(Source: P.A. 96-289, eff. 8-11-09.)

 
 
26
    Section 99. Effective date. This Act takes effect upon 
 


 






SB3390
- 3 -
LRB096 17959 AJT 33328 b




1
becoming law.