State of Illinois
91st General Assembly
Legislation

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91_SB0578sam001

 










                                          SRS91SB0578AKcbam01

 1                    AMENDMENT TO SENATE BILL 578

 2        AMENDMENT NO.     .  Amend Senate Bill 578 on page  1  by
 3    replacing line 2 with the following:  "Section 11-501.4-1."

 4        and  by  replacing  everything  after the enacting clause
 5    with the following:

 6        "Section 5.  The Illinois  Vehicle  Code  is  amended  by
 7    changing Section 11-501.4-1 as follows:

 8        (625 ILCS 5/11-501.4-1)
 9        Sec.  11-501.4-1.  Reporting  of test results of blood or
10    urine conducted in the regular course of providing  emergency
11    medical treatment.
12        (a)  Notwithstanding  any  other  provision  of  law, the
13    results of blood or urine tests performed for the purpose  of
14    determining  the  content of alcohol, other drug or drugs, or
15    intoxicating  compound  or  compounds,  or  any   combination
16    thereof,  in  an  individual's  blood or urine conducted upon
17    persons receiving medical treatment in a  hospital  emergency
18    room  for  injuries  resulting  from a motor vehicle accident
19    shall may be reported to the Department of  State  Police  or
20    local  law  enforcement  agencies  in  cases  where the blood
21    alcohol concentration is 0.08 or more  of  if  there  is  any
22    amount  of  a drug, substance, or compound resulting from the
 
                            -2-           SRS91SB0578AKcbam01
 1    unlawful use or consumption of  cannabis  as  listed  in  the
 2    Cannabis Control Act, or a controlled substance listed in the
 3    Illinois Controlled Substances Act. Such blood or urine tests
 4    are  admissible in evidence as a business record exception to
 5    the hearsay rule only in prosecutions for  any  violation  of
 6    Section 11-501 of this Code or a similar provision of a local
 7    ordinance,  or  in prosecutions for reckless homicide brought
 8    under the Criminal Code of 1961.
 9        (b)  The confidentiality provisions of law pertaining  to
10    medical records and medical treatment shall not be applicable
11    with  regard to tests performed upon an individual's blood or
12    urine under the provisions of subsection (a) of this Section.
13    No person shall be liable for civil damages  or  professional
14    discipline  as  a result of the reporting of the tests or the
15    evidentiary use  of  an  individual's  blood  or  urine  test
16    results under this Section or Section 11-501.4 or as a result
17    of  that person's testimony made available under this Section
18    or  Section  11-501.4,   except   for   willful   or   wanton
19    misconduct.".
20    (Source: P.A. 89-517, eff. 1-1-97; 90-779, eff. 1-1-99.)

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