Bill Text: IL SB3390 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Illinois Vehicle Code. Provides that in a prosecution of a person accused of violating DUI, reckless homicide, 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. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2010-03-11 - Referred to Rules Committee [SB3390 Detail]

Download: Illinois-2009-SB3390-Engrossed.html

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SB3390 Engrossed LRB096 17959 AJT 33328 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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

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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.)

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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

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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:

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(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

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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.