Full Text of HB2649 096th General Assembly
HB2649enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 11-501, 11-501.2, and 11-501.4 as follows: | 6 |
| (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | 7 |
| Sec. 11-501. Driving while under the influence of alcohol, | 8 |
| other drug or drugs, intoxicating compound or compounds or any | 9 |
| combination thereof.
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| (a) A person shall not drive or be in actual physical | 11 |
| control of any vehicle within this State while: | 12 |
| (1) the alcohol concentration in the person's blood or | 13 |
| breath is 0.08 or more based on the definition of blood and | 14 |
| breath units in Section 11-501.2; | 15 |
| (2) under the influence of alcohol; | 16 |
| (3) under the influence of any intoxicating compound or | 17 |
| combination of intoxicating compounds to a degree that | 18 |
| renders the person incapable of driving safely; | 19 |
| (4) under the influence of any other drug or | 20 |
| combination of drugs to a degree that renders the person | 21 |
| incapable of safely driving; | 22 |
| (5) under the combined influence of alcohol, other drug | 23 |
| or drugs, or intoxicating compound or compounds to a degree |
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| that renders the person incapable of safely driving; or | 2 |
| (6) there is any amount of a drug, substance, or | 3 |
| compound in the person's breath, blood, or urine resulting | 4 |
| from the unlawful use or consumption of cannabis listed in | 5 |
| the Cannabis Control Act, a controlled substance listed in | 6 |
| the Illinois Controlled Substances Act, an intoxicating | 7 |
| compound listed in the Use of Intoxicating Compounds Act, | 8 |
| or methamphetamine as listed in the Methamphetamine | 9 |
| Control and Community Protection Act.
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| (b) The fact that any person charged with violating this | 11 |
| Section is or has been legally entitled to use alcohol, other | 12 |
| drug or drugs, or intoxicating compound or compounds, or any | 13 |
| combination thereof, shall not constitute a defense against any | 14 |
| charge of violating this Section. | 15 |
| (c) Penalties. | 16 |
| (1) Except as otherwise provided in this Section, any | 17 |
| person convicted of violating subsection (a) of this | 18 |
| Section is guilty of a Class A misdemeanor. | 19 |
| (2) A person who violates subsection (a) or a similar | 20 |
| provision a second time shall be sentenced to a mandatory | 21 |
| minimum term of either 5 days of imprisonment or 240 hours | 22 |
| of community service in addition to any other criminal or | 23 |
| administrative sanction. | 24 |
| (3) A person who violates subsection (a) is subject to | 25 |
| 6 months of imprisonment, an additional mandatory minimum | 26 |
| fine of $1,000, and 25 days of community service in a |
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| program benefiting children if the person was transporting | 2 |
| a person under the age of 16 at the time of the violation. | 3 |
| (4) A person who violates subsection (a) a first time, | 4 |
| if the alcohol concentration in his or her blood, breath, | 5 |
| or urine was 0.16 or more based on the definition of blood, | 6 |
| breath, or urine units in Section 11-501.2, shall be | 7 |
| subject, in addition to any other penalty that may be | 8 |
| imposed, to a mandatory minimum of 100 hours of community | 9 |
| service and a mandatory minimum fine of $500. | 10 |
| (5) A person who violates subsection (a) a second time, | 11 |
| if at the time of the second violation the alcohol | 12 |
| concentration in his or her blood, breath, or urine was | 13 |
| 0.16 or more based on the definition of blood, breath, or | 14 |
| urine units in Section 11-501.2, shall be subject, in | 15 |
| addition to any other penalty that may be imposed, to a | 16 |
| mandatory minimum of 2 days of imprisonment and a mandatory | 17 |
| minimum fine of $1,250. | 18 |
| (d) Aggravated driving under the influence of alcohol, | 19 |
| other drug or drugs, or intoxicating compound or compounds, or | 20 |
| any combination thereof.
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| (1) Every person convicted of committing a violation of | 22 |
| this Section shall be guilty of aggravated driving under | 23 |
| the influence of alcohol, other drug or drugs, or | 24 |
| intoxicating compound or compounds, or any combination | 25 |
| thereof if: | 26 |
| (A) the person committed a violation of subsection |
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| (a) or a similar provision for the third or subsequent | 2 |
| time; | 3 |
| (B) the person committed a violation of subsection | 4 |
| (a) while driving a school bus with persons 18 years of | 5 |
| age or younger on board; | 6 |
| (C) the person in committing a violation of | 7 |
| subsection (a) was involved in a motor vehicle accident | 8 |
| that resulted in great bodily harm or permanent | 9 |
| disability or disfigurement to another, when the | 10 |
| violation was a proximate cause of the injuries; | 11 |
| (D) the person committed a violation of subsection | 12 |
| (a) for a second time and has been previously convicted | 13 |
| of violating Section 9-3 of the Criminal Code of 1961 | 14 |
| or a similar provision of a law of another state | 15 |
| relating to reckless homicide in which the person was | 16 |
| determined to have been under the influence of alcohol, | 17 |
| other drug or drugs, or intoxicating compound or | 18 |
| compounds as an element of the offense or the person | 19 |
| has previously been convicted under subparagraph (C) | 20 |
| or subparagraph (F) of this paragraph (1); | 21 |
| (E) the person, in committing a violation of | 22 |
| subsection (a) while driving at any speed in a school | 23 |
| speed zone at a time when a speed limit of 20 miles per | 24 |
| hour was in effect under subsection (a) of Section | 25 |
| 11-605 of this Code, was involved in a motor vehicle | 26 |
| accident that resulted in bodily harm, other than great |
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| bodily harm or permanent disability or disfigurement, | 2 |
| to another person, when the violation of subsection (a) | 3 |
| was a proximate cause of the bodily harm; | 4 |
| (F) the person, in committing a violation of | 5 |
| subsection (a), was involved in a motor vehicle, | 6 |
| snowmobile, all-terrain vehicle, or watercraft | 7 |
| accident that resulted in the death of another person, | 8 |
| when the violation of subsection (a) was a proximate | 9 |
| cause of the death; | 10 |
| (G) the person committed a violation of subsection | 11 |
| (a) during a period in which the defendant's driving | 12 |
| privileges are revoked or suspended, where the | 13 |
| revocation or suspension was for a violation of | 14 |
| subsection (a) or a similar provision, Section | 15 |
| 11-501.1, paragraph (b) of Section 11-401, or for | 16 |
| reckless homicide as defined in Section 9-3 of the | 17 |
| Criminal Code of 1961; | 18 |
| (H) the person committed the violation while he or | 19 |
| she did not possess a driver's license or permit or a | 20 |
| restricted driving permit or a judicial driving permit | 21 |
| or a monitoring device driving permit; | 22 |
| (I) the person committed the violation while he or | 23 |
| she knew or should have known that the vehicle he or | 24 |
| she was driving was not covered by a liability | 25 |
| insurance policy; | 26 |
| (J) the person in committing a violation of |
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| subsection (a) was involved in a motor vehicle accident | 2 |
| that resulted in bodily harm, but not great bodily | 3 |
| harm, to the child under the age of 16 being | 4 |
| transported by the person, if the violation was the | 5 |
| proximate cause of the injury; or | 6 |
| (K) the person in committing a second violation of | 7 |
| subsection (a) or a similar provision was transporting | 8 |
| a person under the age of 16. | 9 |
| (2)(A) Except as provided otherwise, a person | 10 |
| convicted of aggravated driving under the influence of | 11 |
| alcohol, other drug or drugs, or intoxicating compound or | 12 |
| compounds, or any combination thereof is guilty of a Class | 13 |
| 4 felony. | 14 |
| (B) A third violation of this Section or a similar | 15 |
| provision is a Class 2 felony. If at the time of the third | 16 |
| violation the alcohol concentration in his or her blood, | 17 |
| breath, or urine was 0.16 or more based on the definition | 18 |
| of blood, breath, or urine units in Section 11-501.2, a | 19 |
| mandatory minimum of 90 days of imprisonment and a | 20 |
| mandatory minimum fine of $2,500 shall be imposed in | 21 |
| addition to any other criminal or administrative sanction. | 22 |
| If at the time of the third violation, the defendant was | 23 |
| transporting a person under the age of 16, a mandatory fine | 24 |
| of $25,000 and 25 days of community service in a program | 25 |
| benefiting children shall be imposed in addition to any | 26 |
| other criminal or administrative sanction. |
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| (C) A fourth violation of this Section or a similar | 2 |
| provision is a Class 2 felony, for which a sentence of | 3 |
| probation or conditional discharge may not be imposed. If | 4 |
| at the time of the violation, the alcohol concentration in | 5 |
| the defendant's blood, breath, or urine was 0.16 or more | 6 |
| based on the definition of blood, breath, or urine units in | 7 |
| Section 11-501.2, a mandatory minimum fine of $5,000 shall | 8 |
| be imposed in addition to any other criminal or | 9 |
| administrative sanction. If at the time of the fourth | 10 |
| violation, the defendant was transporting a person under | 11 |
| the age of 16 a mandatory fine of $25,000 and 25 days of | 12 |
| community service in a program benefiting children shall be | 13 |
| imposed in addition to any other criminal or administrative | 14 |
| sanction. | 15 |
| (D) A fifth violation of this Section or a similar | 16 |
| provision is a Class 1 felony, for which a sentence of | 17 |
| probation or conditional discharge may not be imposed. If | 18 |
| at the time of the violation, the alcohol concentration in | 19 |
| the defendant's blood, breath, or urine was 0.16 or more | 20 |
| based on the definition of blood, breath, or urine units in | 21 |
| Section 11-501.2, a mandatory minimum fine of $5,000 shall | 22 |
| be imposed in addition to any other criminal or | 23 |
| administrative sanction. If at the time of the fifth | 24 |
| violation, the defendant was transporting a person under | 25 |
| the age of 16, a mandatory fine of $25,000, and 25 days of | 26 |
| community service in a program benefiting children shall be |
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| imposed in addition to any other criminal or administrative | 2 |
| sanction. | 3 |
| (E) A sixth or subsequent violation of this Section or | 4 |
| similar provision is a Class X felony. If at the time of | 5 |
| the violation, the alcohol concentration in the | 6 |
| defendant's blood, breath, or urine was 0.16 or more based | 7 |
| on the definition of blood, breath, or urine units in | 8 |
| Section 11-501.2, a mandatory minimum fine of $5,000 shall | 9 |
| be imposed in addition to any other criminal or | 10 |
| administrative sanction. If at the time of the violation, | 11 |
| the defendant was transporting a person under the age of | 12 |
| 16, a mandatory fine of $25,000 and 25 days of community | 13 |
| service in a program benefiting children shall be imposed | 14 |
| in addition to any other criminal or administrative | 15 |
| sanction. | 16 |
| (F) For a violation of subparagraph (C) of paragraph | 17 |
| (1) of this subsection (d), the defendant, if sentenced to | 18 |
| a term of imprisonment, shall be sentenced to not less than | 19 |
| one year nor more than 12 years. | 20 |
| (G) A violation of subparagraph (F) of paragraph (1) of | 21 |
| this subsection (d) is a Class 2 felony, for which the | 22 |
| defendant, unless the court determines that extraordinary | 23 |
| circumstances exist and require probation, shall be | 24 |
| sentenced to: (i) a term of imprisonment of not less than 3 | 25 |
| years and not more than 14 years if the violation resulted | 26 |
| in the death of one person; or (ii) a term of imprisonment |
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| of not less than 6 years and not more than 28 years if the | 2 |
| violation resulted in the deaths of 2 or more persons. | 3 |
| (H) For a violation of subparagraph (J) of paragraph | 4 |
| (1) of this subsection (d), a mandatory fine of $2,500, and | 5 |
| 25 days of community service in a program benefiting | 6 |
| children shall be imposed in addition to any other criminal | 7 |
| or administrative sanction. | 8 |
| (I) A violation of subparagraph (K) of paragraph (1) of | 9 |
| this subsection (d), is a Class 2 felony and a mandatory | 10 |
| fine of $2,500, and 25 days of community service in a | 11 |
| program benefiting children shall be imposed in addition to | 12 |
| any other criminal or administrative sanction. If the child | 13 |
| being transported suffered bodily harm, but not great | 14 |
| bodily harm, in a motor vehicle accident, and the violation | 15 |
| was the proximate cause of that injury, a mandatory fine of | 16 |
| $5,000 and 25 days of community service in a program | 17 |
| benefiting children shall be imposed in addition to any | 18 |
| other criminal or administrative sanction. | 19 |
| (J) A violation of subparagraph (D) of paragraph (1) of | 20 |
| this subsection (d) is a Class 3 felony, for which a | 21 |
| sentence of probation or conditional discharge may not be | 22 |
| imposed. | 23 |
| (3) Any person sentenced under this subsection (d) who | 24 |
| receives a term of probation or conditional discharge must | 25 |
| serve a minimum term of either 480 hours of community | 26 |
| service or 10 days of imprisonment as a condition of the |
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| probation or conditional discharge in addition to any other | 2 |
| criminal or administrative sanction. | 3 |
| (e) Any reference to a prior violation of subsection (a) or | 4 |
| a similar provision includes any violation of a provision of a | 5 |
| local ordinance or a provision of a law of another state or an | 6 |
| offense committed on a military installation that is similar to | 7 |
| a violation of subsection (a) of this Section. | 8 |
| (f) The imposition of a mandatory term of imprisonment or | 9 |
| assignment of community service for a violation of this Section | 10 |
| shall not be suspended or reduced by the court. | 11 |
| (g) Any penalty imposed for driving with a license that has | 12 |
| been revoked for a previous violation of subsection (a) of this | 13 |
| Section shall be in addition to the penalty imposed for any | 14 |
| subsequent violation of subsection (a). | 15 |
| (h) For any prosecution under this Section, a certified | 16 |
| copy of the driving abstract of the defendant shall be admitted | 17 |
| as proof of any prior conviction.
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| (Source: P.A. 94-110, eff. 1-1-06; 94-113, eff. 1-1-06; 94-114, | 19 |
| eff. 1-1-06; 94-116, eff. 1-1-06; 94-329, eff. 1-1-06; 94-609, | 20 |
| eff. 1-1-06; 94-963, eff. 6-28-06; 95-149, eff. 8-14-07; | 21 |
| 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; | 22 |
| 95-778, eff. 8-4-08; 95-876, eff. 8-21-08.)
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| (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
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| Sec. 11-501.2. Chemical and other tests.
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| (a) Upon the trial of any civil or criminal action or |
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| proceeding arising out
of an arrest for an offense as defined | 2 |
| in Section 11-501 or a similar local
ordinance or proceedings | 3 |
| pursuant to Section 2-118.1, evidence of the
concentration of | 4 |
| alcohol, other drug or drugs, or intoxicating compound or
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| compounds, or any combination thereof in a person's blood
or | 6 |
| breath at the time alleged, as determined by analysis of the | 7 |
| person's blood,
urine, breath or other bodily substance, shall | 8 |
| be admissible. Where such test
is made the following provisions | 9 |
| shall apply:
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| 1. Chemical analyses of the person's blood, urine, | 11 |
| breath or other bodily
substance to be considered valid | 12 |
| under the provisions of this Section shall
have been | 13 |
| performed according to standards promulgated by the | 14 |
| Department of State Police
by
a licensed physician, | 15 |
| registered nurse, trained phlebotomist acting under the
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| direction of a licensed physician , certified paramedic, or | 17 |
| other individual
possessing a valid permit issued by that | 18 |
| Department for
this purpose. The Director of State Police | 19 |
| is authorized to approve satisfactory
techniques or | 20 |
| methods, to ascertain the qualifications and competence of
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| individuals to conduct such analyses, to issue permits | 22 |
| which shall be subject
to termination or revocation at the | 23 |
| discretion of that Department and to
certify the accuracy | 24 |
| of breath testing equipment. The Department
of
State Police | 25 |
| shall prescribe regulations as necessary to
implement this
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| Section.
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| 2. When a person in this State shall submit to a blood | 2 |
| test at the request
of a law enforcement officer under the | 3 |
| provisions of Section 11-501.1, only a
physician | 4 |
| authorized to practice medicine, a registered nurse, | 5 |
| trained
phlebotomist, or certified paramedic, or other
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| qualified person approved by the Department of State Police | 7 |
| may withdraw blood
for the purpose of determining the | 8 |
| alcohol, drug, or alcohol and drug content
therein. This | 9 |
| limitation shall not apply to the taking of breath or urine
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| specimens.
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| When a blood test of a person who has been taken to an | 12 |
| adjoining state
for medical treatment is requested by an | 13 |
| Illinois law enforcement officer,
the blood may be | 14 |
| withdrawn only by a physician authorized to practice
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| medicine in the adjoining state, a registered nurse, a | 16 |
| trained
phlebotomist acting under the direction of the | 17 |
| physician, or certified
paramedic. The law
enforcement | 18 |
| officer requesting the test shall take custody of the blood
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| sample, and the blood sample shall be analyzed by a | 20 |
| laboratory certified by the
Department of State Police for | 21 |
| that purpose.
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| 3. The person tested may have a physician, or a | 23 |
| qualified technician,
chemist, registered nurse, or other | 24 |
| qualified person of their own choosing
administer a | 25 |
| chemical test or tests in addition to any administered at | 26 |
| the
direction of a law enforcement officer. The failure or |
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| inability to obtain
an additional test by a person shall | 2 |
| not preclude the admission of evidence
relating to the test | 3 |
| or tests taken at the direction of a law enforcement
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| officer.
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| 4. Upon the request of the person who shall submit to a | 6 |
| chemical test
or tests at the request of a law enforcement | 7 |
| officer, full information
concerning the test or tests | 8 |
| shall be made available to the person or such
person's | 9 |
| attorney.
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| 5. Alcohol concentration shall mean either grams of | 11 |
| alcohol per 100
milliliters of blood or grams of alcohol | 12 |
| per 210 liters of breath.
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| (b) Upon the trial of any civil or criminal action or | 14 |
| proceeding arising
out of acts alleged to have been committed | 15 |
| by any person while driving or
in actual physical control of a | 16 |
| vehicle while under the influence of alcohol,
the concentration | 17 |
| of alcohol in the person's blood or breath at the time
alleged | 18 |
| as shown by analysis of the person's blood, urine, breath, or | 19 |
| other
bodily substance shall give rise to the following | 20 |
| presumptions:
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| 1. If there was at that time an alcohol concentration | 22 |
| of 0.05 or less,
it shall be presumed that the person was | 23 |
| not under the influence of alcohol.
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| 2. If there was at that time an alcohol concentration | 25 |
| in excess of 0.05
but less than 0.08, such facts shall not | 26 |
| give rise to any
presumption that
the person was or was not |
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| under the influence of alcohol, but such fact
may be | 2 |
| considered with other competent evidence in determining | 3 |
| whether the
person was under the influence of alcohol.
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| 3. If there was at that time an alcohol concentration | 5 |
| of 0.08
or more,
it shall be presumed that the person was | 6 |
| under the influence of alcohol.
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| 4. The foregoing provisions of this Section shall not | 8 |
| be construed as
limiting the introduction of any other | 9 |
| relevant evidence bearing upon the
question whether the | 10 |
| person was under the influence of alcohol.
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| (c) 1. If a person under arrest refuses to submit to a | 12 |
| chemical test
under
the provisions of Section 11-501.1, | 13 |
| evidence of refusal shall be admissible
in any civil or | 14 |
| criminal action or proceeding arising out of acts alleged
to | 15 |
| have been committed while the person under the influence of | 16 |
| alcohol,
other drug or drugs, or intoxicating compound or | 17 |
| compounds, or
any combination thereof was driving or in actual | 18 |
| physical
control of a motor vehicle.
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| 2. Notwithstanding any ability to refuse under this | 20 |
| Code to submit to
these tests or any ability to revoke the | 21 |
| implied consent to these tests, if a
law enforcement | 22 |
| officer has probable cause to believe that a motor vehicle
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| driven by or in actual physical control of a person under | 24 |
| the influence of
alcohol, other drug or drugs, or | 25 |
| intoxicating compound or
compounds,
or any combination |
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| thereof
has caused the death or
personal injury to another, | 2 |
| that person shall submit, upon the request of a law
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| enforcement officer, to a chemical test or tests of his or | 4 |
| her blood, breath or
urine for the purpose of
determining | 5 |
| the alcohol content thereof or the presence of any other | 6 |
| drug or
combination of both.
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| This provision does not affect the applicability of or | 8 |
| imposition of driver's
license sanctions under Section | 9 |
| 11-501.1 of this Code.
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| 3. For purposes of this Section, a personal injury | 11 |
| includes any Type A
injury as indicated on the traffic | 12 |
| accident report completed by a law
enforcement officer that | 13 |
| requires immediate professional attention in either a
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| doctor's office or a medical facility. A Type A injury | 15 |
| includes severe
bleeding wounds, distorted extremities, | 16 |
| and injuries that require the injured
party to be carried | 17 |
| from the scene.
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| (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-828, | 19 |
| eff. 1-1-01.)
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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 | 22 |
| urine conducted in
the regular course of providing emergency | 23 |
| medical treatment.
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| (a) Notwithstanding any other provision of law, the results | 25 |
| of
blood or urine tests performed for the purpose of |
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| determining the content of alcohol,
other drug or drugs, or | 2 |
| intoxicating compound or compounds, or any
combination | 3 |
| thereof, of an individual's blood or urine conducted upon | 4 |
| persons
receiving
medical treatment in a hospital emergency | 5 |
| room are admissible in evidence as a
business record exception | 6 |
| to the hearsay rule only in prosecutions for any
violation of | 7 |
| 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 | 9 |
| under the Criminal
Code of 1961, when each of the following | 10 |
| criteria are met:
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| (1) the chemical tests performed upon an individual's | 12 |
| blood or urine were ordered
in the
regular course of | 13 |
| 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 | 16 |
| blood or urine were performed
by the laboratory routinely | 17 |
| used by the hospital; and
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| (3) results of chemical tests performed upon an | 19 |
| individual's blood or urine are
admissible into evidence | 20 |
| regardless of the time that the records were
prepared.
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| (b) The confidentiality provisions of law pertaining to | 22 |
| medical records
and medical treatment shall not be applicable | 23 |
| with regard to chemical tests
performed upon an individual's | 24 |
| blood or urine under the provisions of this Section in
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| prosecutions as specified in subsection (a) of this Section. No | 26 |
| 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 | 2 |
| urine test results under this Section, or as a
result of that | 3 |
| person's testimony made available under this Section.
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| (Source: P.A. 90-779, eff. 1-1-99.)
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| Section 10. The Snowmobile Registration and Safety Act is | 6 |
| 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 | 9 |
| urine conducted in the
regular course of providing emergency | 10 |
| medical treatment.
| 11 |
| (a) Notwithstanding any other provision of law, the results | 12 |
| of
blood or urine tests performed for the purpose of | 13 |
| determining the content of
alcohol, other drug or drugs, | 14 |
| intoxicating compound or compounds, or any
combination of them | 15 |
| in an individual's blood or urine conducted upon persons | 16 |
| receiving
medical treatment in a
hospital
emergency room, are | 17 |
| admissible in evidence as a business record exception
to the
| 18 |
| hearsay rule only in prosecutions for a violation of Section | 19 |
| 5-7 of this
Act or a similar provision of a local ordinance or | 20 |
| in prosecutions for reckless
homicide brought under the | 21 |
| Criminal Code of 1961.
| 22 |
| The results of the tests are admissible only when
each of | 23 |
| the following criteria are met:
| 24 |
| 1. The chemical tests performed upon an individual's |
|
|
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| 1 |
| blood or urine were
ordered
in the
regular course of | 2 |
| providing emergency treatment and not at the request of law
| 3 |
| enforcement authorities; and
| 4 |
| 2. The chemical tests performed upon an individual's | 5 |
| blood or urine were
performed by the
laboratory routinely | 6 |
| used by the hospital.
| 7 |
| 3. (Blank).
| 8 |
| Results of chemical tests performed upon an individual's | 9 |
| blood or urine
are
admissible into evidence regardless of the | 10 |
| time that the records were
prepared.
| 11 |
| (b) The confidentiality provisions of law pertaining to | 12 |
| medical records and
medical treatment are not applicable with | 13 |
| regard to chemical tests
performed upon a person's blood or | 14 |
| urine under the provisions of this
Section in prosecutions as | 15 |
| specified in
subsection (a) of this Section. No person
shall be | 16 |
| liable for civil damages as
a result of the evidentiary use of | 17 |
| the results of chemical testing of the
individual's blood or | 18 |
| urine under this
Section or as a result of that person's | 19 |
| testimony made available under this
Section.
| 20 |
| (Source: P.A. 93-156, eff. 1-1-04.)
| 21 |
| Section 15. The Boat Registration and Safety Act is amended | 22 |
| by changing Section 5-16a as follows:
| 23 |
| (625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
| 24 |
| Sec. 5-16a.
Admissibility of chemical tests of blood or |
|
|
|
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| 1 |
| urine conducted in the regular course of providing emergency | 2 |
| medical
treatment.
| 3 |
| (a) Notwithstanding any other provision of law, the written | 4 |
| results of
blood or urine alcohol tests conducted upon persons | 5 |
| receiving medical treatment in a
hospital emergency room are | 6 |
| admissible in evidence as a business record
exception to the | 7 |
| hearsay rule only in prosecutions for any violation of
Section | 8 |
| 5-16 of this Act or a similar provision of a local
ordinance or | 9 |
| in prosecutions for reckless homicide brought under the | 10 |
| Criminal
Code of 1961, when:
| 11 |
| (1) the chemical tests performed upon an individual's | 12 |
| blood or urine were ordered
in the regular course of | 13 |
| providing emergency treatment and not at the request
of law | 14 |
| enforcement authorities; and
| 15 |
| (2) the chemical tests performed upon an individual's | 16 |
| blood or urine
were performed by the laboratory routinely | 17 |
| used by the hospital.
| 18 |
| Results of
chemical tests performed upon an individual's | 19 |
| blood or urine are admissible into
evidence regardless of the | 20 |
| time that the records were prepared.
| 21 |
| (b) The confidentiality provisions of law pertaining to | 22 |
| medical records
and medical treatment shall not be applicable | 23 |
| with regard to chemical
tests performed upon an individual's | 24 |
| blood or urine under the provisions of
this Section in | 25 |
| prosecutions as
specified in subsection (a) of this Section. No | 26 |
| person shall be liable for
civil damages as a result of the |
|
|
|
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| 1 |
| evidentiary use of the results of chemical
testing of an | 2 |
| individual's blood or urine under this Section or as a result | 3 |
| of that person's testimony made
available under this Section.
| 4 |
| (Source: P.A. 93-156, eff. 1-1-04.)
| 5 |
| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
|
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|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 625 ILCS 5/11-501 |
from Ch. 95 1/2, par. 11-501 |
| 4 |
| 625 ILCS 5/11-501.2 |
from Ch. 95 1/2, par. 11-501.2 |
| 5 |
| 625 ILCS 5/11-501.4 |
from Ch. 95 1/2, par. 11-501.4 |
| 6 |
| 625 ILCS 40/5-7.4 |
|
| 7 |
| 625 ILCS 45/5-16a |
from Ch. 95 1/2, par. 315-11a |
| |
|