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92_HB2293 LRB9205088ARsb 1 AN ACT concerning vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Section 11-501.4 as follows: 6 (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4) 7 Sec. 11-501.4. Admissibility of chemical tests of blood 8 conducted in the regular course of providing emergency 9 medical treatment. 10 (a) Notwithstanding any other provision of law, the 11 results of blood tests performed for the purpose of 12 determining the content of alcohol, other drug or drugs, or 13 intoxicating compound or compounds, or any combination 14 thereof, of an individual's blood conducted upon persons 15 receiving medical treatment in a hospital emergency room are 16 admissible in evidence as a business record exception to the 17 hearsay rule only in prosecutions for any violation of 18 Section 11-501 of this Code or a similar provision of a local 19 ordinance, or in prosecutions for reckless homicide brought 20 under the Criminal Code of 1961, when each of the following 21 criteria are met: 22 (1) the chemical tests performed upon an 23 individual's blood were ordered in the regular course of 24 providing emergency medical treatment and not at the 25 request of law enforcement authorities; 26 (2) the chemical tests performed upon an 27 individual's blood were performed by the laboratory 28 routinely used by the hospital; and 29 (3) results of chemical tests performed upon an 30 individual's blood are admissible into evidence 31 regardless of the time that the records were prepared. -2- LRB9205088ARsb 1 (b) The confidentiality provisions of law pertaining to 2 medical records and medical treatment shall not be applicable 3 with regard to chemical tests performed upon an individual's 4 blood under the provisions of this Section in prosecutions as 5 specified in subsection (a) of this Section. No person shall 6 be liable for civil damages as a result of the evidentiary 7 use of chemical testing of an individual's blood test results 8 under this Section, or as a result of that person's testimony 9 made available under this Section. 10 (c) As a result of a blood test taken pursuant to this 11 Section, a serum-blood alcohol level of .10 or more is prima 12 facie evidence of a violation of paragraph (1) of subsection 13 (a) of Section 11-501 of this Code. 14 (d) Evidence of a serum-blood alcohol level is evidence 15 of impairment in a charge of a violation of paragraph (2) of 16 subsection (a) of Section 11-501 of this Code. 17 (Source: P.A. 90-779, eff. 1-1-99.) 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.