SB3390sam001 96TH GENERAL ASSEMBLY

Sen. John J. Millner

Filed: 2/25/2010

09600SB3390sam001 LRB096 17959 AJT 36866 a

AMENDMENT TO SENATE BILL 3390

AMENDMENT NO. ______. Amend Senate Bill 3390 by replacing everything after the enacting clause with the following:

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

(625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)

Sec. 11-501.4. Admissibility of chemical tests of blood or urine conducted in the regular course of providing emergency medical treatment.

(a) Notwithstanding any other provision of law, the results of blood or urine tests performed for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, of an individual's blood 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 any violation of Section 11-501 of this Code or a similar provision of a local ordinance, or in prosecutions for reckless homicide brought under the Criminal Code of 1961, when each of the following criteria are met:

(1) the chemical tests performed upon an individual's blood or urine were ordered in the regular course of providing emergency medical treatment and not at the request of law enforcement authorities;

(2) the chemical tests performed upon an individual's blood or urine were performed by the laboratory routinely used by the hospital; and

(3) results of chemical tests performed upon an individual's blood 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 shall not be applicable with regard to chemical tests performed upon an individual's blood 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 chemical testing of an individual's blood or urine test results under this Section, or as a result of that person's testimony made available under this Section.

(c) In a prosecution of a person accused of violating Section 11-501 of this Code, reckless homicide under Section 9-3 of the Criminal Code of 1961, or a similar provision of a local ordinance, the conversion rate to convert blood serum or blood plasma alcohol level to the whole blood equivalent for grams of alcohol per 100 milliliters of blood shall be to divide the blood serum or plasma level by 1.18.

(Source: P.A. 96-289, eff. 8-11-09.)

Section 10. The Snowmobile Registration and Safety Act is amended by changing Section 5-7.4 as follows:

(625 ILCS 40/5-7.4)

Sec. 5-7.4. Admissibility of chemical tests of blood or urine conducted in the regular course of providing emergency medical treatment.

(a) Notwithstanding any other provision of law, the results of blood 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 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.

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 or urine were ordered in the regular course of providing emergency treatment and not at the request of law enforcement authorities; and

2. The chemical tests performed upon an individual's blood or urine were performed by the laboratory routinely used by the hospital.

3. (Blank).

Results of chemical tests performed upon an individual's blood 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 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 or urine under this Section or as a result of that person's testimony made available under this Section.

(c) In a prosecution of a person accused of violating Section 5-7 of this Act, reckless homicide under Section 9-3 of the Criminal Code of 1961, or a similar provision of a local ordinance, the conversion rate to convert blood serum or blood plasma alcohol level to the whole blood equivalent for grams of alcohol per 100 milliliters of blood shall be to divide the blood serum or plasma level by 1.18.

(Source: P.A. 96-289, eff. 8-11-09.)

Section 15. The Boat Registration and Safety Act is amended by changing Section 5-16a as follows:

(625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)

Sec. 5-16a. Admissibility of chemical tests of blood or urine conducted in the regular course of providing emergency medical treatment.

(a) Notwithstanding any other provision of law, the written results of blood or urine alcohol tests 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 any violation of Section 5-16 of this Act or a similar provision of a local ordinance or in prosecutions for reckless homicide brought under the Criminal Code of 1961, when:

(1) the chemical tests performed upon an individual's blood or urine were ordered in the regular course of providing emergency treatment and not at the request of law enforcement authorities; and

(2) the chemical tests performed upon an individual's blood or urine were performed by the laboratory routinely used by the hospital.

Results of chemical tests performed upon an individual's blood 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 shall not be applicable with regard to chemical tests performed upon an individual's blood 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 an individual's blood or urine under this Section or as a result of that person's testimony made available under this Section.

(c) In a prosecution of a person accused of violating Section 5-16 of this Act, reckless homicide under Section 9-3 of the Criminal Code of 1961, or a similar provision of a local ordinance, the conversion rate to convert blood serum or blood plasma alcohol level to the whole blood equivalent for grams of alcohol per 100 milliliters of blood shall be to divide the blood serum or plasma level by 1.18.

(Source: P.A. 96-289, eff. 8-11-09.)

Section 99. Effective date. This Act takes effect upon becoming law.".