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    AN ACT concerning transportation.
  
 
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    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:
 



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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 
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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 
 


 






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1
    providing emergency medical treatment and not at the

2
    request of law enforcement authorities;


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


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        (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 
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urine test results under this Section, or as a
result of that 
17
person's testimony made available under this Section.

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    (c) In a prosecution of a person accused of violating 
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Section 11-501 of this Code, reckless homicide under Section 
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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 
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blood plasma alcohol level to the whole blood equivalent for 
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grams of alcohol per 100 milliliters of blood shall be to 
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divide the blood serum or plasma level by 1.18. 
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(Source: P.A. 96-289, eff. 8-11-09.)

 
 


 






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    Section 10. The Snowmobile Registration and Safety Act is 
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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 
5
urine conducted in the
regular course of providing emergency 
6
medical treatment.

7
    (a) Notwithstanding any other provision of law, the results 
8
of
blood or urine tests performed for the purpose of 
9
determining the content of
alcohol, other drug or drugs, 
10
intoxicating compound or compounds, or any
combination of them 
11
in an individual's blood or urine 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 a violation of Section 
15
5-7 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.

18
    The results of the tests are admissible only when
each of 
19
the following criteria are met:


20
        1. The chemical tests performed upon an individual's 
21
    blood or urine were
ordered
in the
regular course of 
22
    providing emergency treatment and not at the request of law

23
    enforcement authorities; and


24
        2. The chemical tests performed upon an individual's 
25
    blood or urine were
performed by the
laboratory routinely 
 


 






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1
    used by the hospital.


2
        3. (Blank).

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    Results of chemical tests performed upon an individual's 
4
blood or urine
are
admissible into evidence regardless of the 
5
time that the records were
prepared.

6
    (b) The confidentiality provisions of law pertaining to 
7
medical records and
medical treatment are not applicable with 
8
regard to chemical tests
performed upon a person's blood or 
9
urine under the provisions of this
Section in prosecutions as 
10
specified in
subsection (a) of this Section.  No person
shall be 
11
liable for civil damages as
a result of the evidentiary use of 
12
the results of chemical testing of the
individual's blood or 
13
urine under this
Section or as a result of that person's 
14
testimony made available under this
Section.

15
    (c) In a prosecution of a person accused of violating 
16
Section 5-7 of this
Act, reckless homicide under Section 9-3 of 
17
the Criminal Code of 1961, or a similar provision of a local 
18
ordinance, the conversion rate to convert blood serum or blood 
19
plasma alcohol level to the whole blood equivalent for grams of 
20
alcohol per 100 milliliters of blood shall be to divide the 
21
blood serum or plasma level by 1.18. 
22
(Source: P.A. 96-289, eff. 8-11-09.)

 
23
    Section 15. The Boat Registration and Safety Act is amended  
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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 
3
urine conducted in the regular course of providing emergency 
4
medical
treatment.

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    (a) Notwithstanding any other provision of law, the written 
6
results of
blood or urine alcohol tests conducted upon persons 
7
receiving medical treatment in a
hospital emergency room are 
8
admissible in evidence as a business record
exception to the 
9
hearsay rule only in prosecutions for any violation of
Section 
10
5-16 of this Act or a similar provision of a local
ordinance or 
11
in prosecutions for reckless homicide brought under the 
12
Criminal
Code of 1961, when:


13
        (1) the chemical tests performed upon an individual's 
14
    blood or urine were ordered
in the regular course of 
15
    providing emergency treatment and not at the request
of law 
16
    enforcement authorities; and


17
        (2) the chemical tests performed upon an individual's 
18
    blood or urine
were performed by the laboratory routinely 
19
    used by the hospital.

20
    Results of
chemical tests performed upon an individual's 
21
blood or urine are admissible into
evidence regardless of the 
22
time that the records were prepared.

23
    (b) The confidentiality provisions of law pertaining to 
24
medical records
and medical treatment shall not be applicable 
25
with regard to chemical
tests performed upon an individual's 
26
blood or urine under the provisions of
this Section in 
 


 






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1
prosecutions as
specified in subsection (a) of this Section.  No 
2
person shall be liable for
civil damages as a result of the 
3
evidentiary use of the results of chemical
testing of an 
4
individual's blood or urine under this Section or as a result 
5
of that person's testimony made
available under this Section.

6
    (c) In a prosecution of a person accused of violating 
7
Section 5-16 of this Act, reckless homicide under Section 9-3 
8
of the Criminal Code of 1961, or a similar provision of a local 
9
ordinance, the conversion rate to convert blood serum or blood 
10
plasma alcohol level to the whole blood equivalent for grams of 
11
alcohol per 100 milliliters of blood shall be to divide the 
12
blood serum or plasma level by 1.18. 
13
(Source: P.A. 96-289, eff. 8-11-09.)

 
 
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    Section 99. Effective date. This Act takes effect upon 
15
becoming law.