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2002 SESSION

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SENATE BILL NO. 355 Offered January 9, 2002 Prefiled January 9, 2002 A BILL to amend the Code of Virginia by adding a section numbered 18.2-268.10:1, relating to admissibility of hospital-taken blood alcohol tests in DUI trials. ---------- Patrons-- Reynolds; Delegate: Armstrong ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-268.10:1 as follows:

§ 18.2-268.10:1. Admissibility of written results of blood alcohol tests conducted in the regular course of providing emergency medical treatment.

A. Notwithstanding any other provision of law, the written results of blood 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 in prosecutions for any violation of § 18.2-266 or a substantially similar local ordinance, or in prosecutions for involuntary manslaughter or aggravated involuntary manslaughter brought under § 18.2-36.1.

B. The provisions of law pertaining to confidentiality of medical records and medical treatment shall not be applicable to blood alcohol tests performed under the provisions of this section in prosecutions as specified in subsection A. No person who is involved in taking blood or conducting blood alcohol tests shall be liable for civil damages because of the evidentiary use of blood alcohol test results under this section, or as a result of that person's testimony given pursuant to this section.