33-17 Amend Sec 333.01 Driving or Physical Control while Under the Influence

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C. Subsection (e)(4)B. of this section does not limit or preclude a court, in its determination of whether the arrest of a person was supported by probable cause or its determination of any other matter in a criminal prosecution or juvenile court pro- ceeding of a type described in that subsection, from considering evidence or testimo- ny that is not otherwise disallowed by subsection (e)(4)B. of this section. (ORC 4511.19;4511.194) (f) Forensic Laboratory Reports. (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 report from any laboratory per- sonnel issued a permit by the Department of Health authorizing an analysis as de- scribed in this subsection that contains an analysis of the whole blood, blood serum or plasma, breath, urine, of other bodily substance tested and that contains all of the information specified in this subsection shall be admitted as prima -facie evidence of the information 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 analysis; B. Any findings as to the identity and quantity of alcohol, a drug of abuse, a controlled substance, a metabolite of a controlled substance, or a combination of them that was found; C. A copy of a notarized statement by the laboratory director or a designee of the director that contains the name of each certified analyst or test performer in- volved with the report, the analyst's or test performer's employment relationship with the laboratory that issued the report, and a notation that performing an analysis of the type involved is part of the analyst's or test performer's regular duties; D. An outline of the analyst's or test performer's education, training, and expe- rience in performing the type of analysis involved and a certification that the labora- tory satisfies appropriate quality control 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 evi- dence, a report of the type described in subsection (f)(1) of this section is not admis- sible against the defendant to whom it pertains in any proceeding, other than a pre- liminary 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 substance 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 de- mands 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) Immunity From Liability For Withdrawing Blood. 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 immune from criminal liability and civil liability based up- on a claim of assault and battery or any other claim that is not a claim of malpractice, for any act performed in withdrawing blood from the person. The inununity provid- ed 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 (a)(I)F. of this see-