Rep. Michael G. Connelly
Filed: 3/10/2010
 
 

 




 

 		












09600HB5776ham001

LRB096 17958 AJT 36865 a






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AMENDMENT TO HOUSE BILL 5776 




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    AMENDMENT NO. ______. Amend House Bill 5776 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 
 


 






09600HB5776ham001
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LRB096 17958 AJT 36865 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 
 


 






09600HB5776ham001
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LRB096 17958 AJT 36865 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 
11
urine conducted in the
regular course of providing emergency 
12
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 
15
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 
 


 






09600HB5776ham001
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LRB096 17958 AJT 36865 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 
14
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 
25
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 
 


 






09600HB5776ham001
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LRB096 17958 AJT 36865 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.

 


 






09600HB5776ham001
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LRB096 17958 AJT 36865 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.

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    (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 
7
blood or urine under the provisions of
this Section in 
8
prosecutions as
specified in subsection (a) of this Section.  No 
9
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 
12
of that 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 5-16 of this Act, reckless homicide under Section 9-3 
15
of the Criminal Code of 1961, or a similar provision of a local 
16
ordinance, the conversion rate to convert blood serum or blood 
17
plasma alcohol level to the whole blood equivalent for grams of 
18
alcohol per 100 milliliters of blood shall be to divide the 
19
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.".