55-12 Amend 333.01 OVI - Laserfiche WebLink

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(f) Forensic Laboratoryports. (1) Subject to subsection (f)(3) of this section, in any criminal prosecution or juvenile court proceeding for a violation of subsection (a)(1)B., C., D., E., or F.. or (b)(1), (2), (3) or (4) of this section or for an equivalent offense that is substantially equivalent to any of those subsections, a laboratory re- port fiom any laboratory personnel issued a permit by the Department of Health authorizing an analysis as described in this subsection that contains an analysis of the whole blood, blood serum or plasma, breath, urine, or other bodily substance tested and that contains all of the information speci- fied in this subsection shall be admitted as prima-facie evidence of the in- formation and statements that the report contains. The laboratory report shall contain all of the following: A. The signature, under oath, of any person who performed the analy- sis; B. Any findings as to the identity and quantity of alcohol, a drug of abuse, a controlled substance, a metabolite of a controlled sub- stance, or• a combination of them that was found; C. A copy of a notarized statement by the laboratory director or a des- ignee of the director that contains the name of each certified ana- lyst or test performer involved with the report, the analyst's or test performer's employment relationship with the laboratory that is- sued the report, and a notation that performing an analysrs of the type involved is part of the analyst's or test performer's regular du- ties; D. An outline of the analyst's or test performer's education, training, and experience in performing the type of analysis involved and a certification that the laboratory satisfies appropriate quality conhol standards in general and, in this particular analysis, under rules of the Department of Health. (2) Notwithstanding any other provision of law regarding the admission of evidence, a report of the type described in subsection (f)(1) of this section is not admissible against the defendant to whom it pertains in any proceed- ing, other than a preliminary hearing or a grand jury proceeding, unless the prosecutor has served a copy of the report on the defendant's attorney or, if the defendant has no attorney, on the defendant. (3) A report of the type described in subsection (f)(1) of this section shall not be prima-facie evidence of the contents, identity, or• amount of any sub- stance if, within seven days after the defendant to whom the report pertains or the defendant's attorney receives a copy of the report, the defendant or the defendant's attorney demands the testimony of the person who signed the report. The judge in the case may extend the seven-day time limit in the interest of justice. (g) Immunit~From Liability For Withdrawin Bg lood. Except as otherwise provided in this subsection, any physician, registered nurse or qualified technician, chemist, or phlebotomist who withdraws blood from a person pursuant to this section or Ohio R.C. 4511.191 or 4511.192, and any hospital, first-aid station, or clinic at which blood is withdrawn from a person pursuant to this section or Ohio R.C. 4511.191 or 4511.192, is inunune from criminal liability and civil liability based upon a claim of assault and battery or any other claim that is not a claim of mal- practice, for any act performed in withdrawing blood from the person. The im- munity provided in this subsection is not available to a person who withdraws blood if the person engaged in willful or wanton misconduct. (h) General OVI Penalty. (1) Whoever violates any provision of subsections (a)(1)A. to E, or (a)(2) of this section is guilty of operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them. Whoever violates subsection