Filed 10/31/08 NO. 4-08-0200
IN THE APPELLATE COURT
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from
Plaintiff-Appellant, ) Circuit Court of
v. ) Logan County
DENNIS M. POPECK, ) No. 07DT104
) Thomas M. Harris,
) Judge Presiding.
JUSTICE COOK delivered the opinion of the court:
Defendant, Dennis M. Popeck, was charged with driving
under the influence (DUI) (625 ILCS 5/11-501(a)(2) (West 2006)).
The State filed a motion for leave to issue a subpoena duces
tecum to a hospital for his medical records for November 27,
2007, the day defendant was charged with the DUI and the day he
was involved in a motor vehicle accident and treated at the
hospital. Defendant filed a response contesting the State's
motion. The trial court denied the State's request for a sub-poena.
The State appeals. We reverse and remand.
On November 27, 2007, defendant was charged by citation
with DUI. On December 4, 2007, the State filed a motion for
leave to issue a subpoena duces tecum and for the entry of a
Health Insurance Portability and Accountability Act (HIPAA) (42
U.S.C. §201 (1996)) qualified protective order. On February 4,