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Sen. John J. Millner
Filed: 2/25/2010
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09600SB3390sam001 |
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LRB096 17959 AJT 36866 a |
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| AMENDMENT TO SENATE BILL 3390
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| AMENDMENT NO. ______. Amend Senate Bill 3390 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by |
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| changing 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 |
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| urine conducted in
the regular course of providing emergency |
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| 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 |
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| determining the content of alcohol,
other drug or drugs, or |
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| intoxicating compound or compounds, or any
combination |
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| thereof, of an individual's blood or urine conducted upon |
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| persons
receiving
medical treatment in a hospital emergency |
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| room are admissible in evidence as a
business record exception |
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09600SB3390sam001 |
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LRB096 17959 AJT 36866 a |
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| to the hearsay rule only in prosecutions for any
violation of |
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| Section 11-501 of this Code or a similar provision of a local
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| ordinance, or in prosecutions for reckless homicide brought |
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| under the Criminal
Code of 1961, when each of the following |
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| criteria are met:
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| (1) the chemical tests performed upon an individual's |
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| blood or urine were ordered
in the
regular course of |
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| providing emergency medical treatment and not at the
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| 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 |
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| used by the hospital; and
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| (3) results of chemical tests performed upon an |
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| individual's blood or urine are
admissible into evidence |
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| regardless of the time that the records were
prepared.
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| (b) The confidentiality provisions of law pertaining to |
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| medical records
and medical treatment shall not be applicable |
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| with regard to chemical tests
performed upon an individual's |
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| blood or urine under the provisions of this Section in
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| prosecutions as specified in subsection (a) of this Section. No |
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| person shall
be liable for civil damages as a result of the |
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| 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 |
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| 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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09600SB3390sam001 |
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LRB096 17959 AJT 36866 a |
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| 9-3 of the Criminal Code of 1961, or a similar provision of a |
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| 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 |
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| urine conducted in the
regular course of providing emergency |
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| 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 |
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| determining the content of
alcohol, other drug or drugs, |
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| intoxicating compound or compounds, or any
combination of them |
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| in an individual's blood or urine conducted upon persons |
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| receiving
medical treatment in a
hospital
emergency room, are |
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| admissible in evidence as a business record exception
to the
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| hearsay rule only in prosecutions for a violation of Section |
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| 5-7 of this
Act or a similar provision of a local ordinance or |
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| in prosecutions for reckless
homicide brought under the |
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| Criminal Code of 1961.
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| The results of the tests are admissible only when
each of |
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09600SB3390sam001 |
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LRB096 17959 AJT 36866 a |
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| the following criteria are met:
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| 1. The chemical tests performed upon an individual's |
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| blood or urine were
ordered
in the
regular course of |
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| providing emergency treatment and not at the request of law
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| enforcement authorities; and
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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 |
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| used by the hospital.
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| 3. (Blank).
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| Results of chemical tests performed upon an individual's |
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| blood or urine
are
admissible into evidence regardless of the |
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| time that the records were
prepared.
|
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| (b) The confidentiality provisions of law pertaining to |
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| medical records and
medical treatment are not applicable with |
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| regard to chemical tests
performed upon a person's blood or |
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| urine under the provisions of this
Section in prosecutions as |
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| specified in
subsection (a) of this Section. No person
shall be |
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| liable for civil damages as
a result of the evidentiary use of |
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| the results of chemical testing of the
individual's blood or |
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| urine under this
Section or as a result of that person's |
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| 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 5-7 of this
Act, reckless homicide under Section 9-3 of |
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| the Criminal Code of 1961, or a similar provision of a local |
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| ordinance, the conversion rate to convert blood serum or blood |
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| plasma alcohol level to the whole blood equivalent for grams of |
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09600SB3390sam001 |
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LRB096 17959 AJT 36866 a |
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| alcohol per 100 milliliters of blood shall be to divide the |
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| 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 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 |
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| urine conducted in the regular course of providing emergency |
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| medical
treatment.
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| (a) Notwithstanding any other provision of law, the written |
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| results of
blood or urine alcohol tests conducted upon persons |
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| receiving medical treatment in a
hospital emergency room are |
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| admissible in evidence as a business record
exception to the |
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| hearsay rule only in prosecutions for any violation of
Section |
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| 5-16 of this Act or a similar provision of a local
ordinance or |
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| in prosecutions for reckless homicide brought under the |
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| Criminal
Code of 1961, when:
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| (1) the chemical tests performed upon an individual's |
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| blood or urine were ordered
in the regular course of |
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| providing emergency treatment and not at the request
of law |
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| enforcement authorities; and
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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 |
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| used by the hospital.
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09600SB3390sam001 |
- 6 - |
LRB096 17959 AJT 36866 a |
|
|
| 1 |
| Results of
chemical tests performed upon an individual's |
| 2 |
| blood or urine are admissible into
evidence regardless of the |
| 3 |
| time that the records were prepared.
|
| 4 |
| (b) The confidentiality provisions of law pertaining to |
| 5 |
| medical records
and medical treatment shall not be applicable |
| 6 |
| with regard to chemical
tests performed upon an individual's |
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| blood or urine under the provisions of
this Section in |
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| prosecutions as
specified in subsection (a) of this Section. No |
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| person shall be liable for
civil damages as a result of the |
| 10 |
| evidentiary use of the results of chemical
testing of an |
| 11 |
| individual's blood or urine under this Section or as a result |
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| of that person's testimony made
available under this Section.
|
| 13 |
| (c) In a prosecution of a person accused of violating |
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| Section 5-16 of this Act, reckless homicide under Section 9-3 |
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| of the Criminal Code of 1961, or a similar provision of a local |
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| ordinance, the conversion rate to convert blood serum or blood |
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| plasma alcohol level to the whole blood equivalent for grams of |
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| alcohol per 100 milliliters of blood shall be to divide the |
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| 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 99. Effective date. This Act takes effect upon |
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| becoming law.".
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