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(625 ILCS 40/5-7.4)
Sec. 5-7.4. Admissibility of chemical tests of blood, other bodily substance, or urine conducted in the
regular course of providing emergency medical treatment. (a) Notwithstanding any other provision of law, the results of
blood, other bodily substance, or urine tests performed for the purpose of determining the content of
alcohol, other drug or drugs, intoxicating compound or compounds, or any
combination of them in an individual's blood, other bodily substance, or urine conducted upon persons receiving
medical treatment in a
hospital
emergency room, are admissible in evidence as a business record exception
to the
hearsay rule only in prosecutions for a violation of Section 5-7 of this
Act or a similar provision of a local ordinance or in prosecutions for reckless
homicide brought under the Criminal Code of 1961 or the Criminal Code of 2012.
The results of the tests are admissible only when
each of the following criteria are met:
1. the chemical tests performed upon an individual's |
| blood, other bodily substance, or urine were ordered in the regular course of providing emergency treatment and not at the request of law enforcement authorities; and
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2. the chemical tests performed upon an individual's
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| blood, other bodily substance, or urine were performed by the laboratory routinely used by the hospital.
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Results of chemical tests performed upon an individual's blood, other bodily substance, or urine
are
admissible into evidence regardless of the time that the records were
prepared.
(b) The confidentiality provisions of law pertaining to medical records and
medical treatment are not applicable with regard to chemical tests
performed upon a person's blood, other bodily substance, or urine under the provisions of this
Section in prosecutions as specified in
subsection (a) of this Section. No person
shall be liable for civil damages as
a result of the evidentiary use of the results of chemical testing of the
individual's blood, other bodily substance, or urine under this
Section or as a result of that person's testimony made available under this
Section.
(Source: P.A. 99-697, eff. 7-29-16; 100-201, eff. 8-18-17.)
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