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Georgia’s Legislative Policies

Laws Pertaining to Sexual Assault

  • Senate Bill 304 / Compassionate Care for Victims of Sexual Assault Act

    • Requires law enforcement take possession of sexual assault kits (SAKs) within 96 hours, and to submit kits to the Georgia Bureau of Investigation (GBI) within 30 days.
    • Directed law enforcement to take possession of any forensic medical exams performed prior to July 1, 2016 and submit them to GBI by August 31, 2016. 
    • Mandates GBI’s Forensic Science Division issue an annual report of SAKs awaiting testing to the Governor’s Office and General Assembly beginning December 1, 2016.

 

  • House Bill 255 / Sexual Assault Reform Act of 2021

    • Created a statewide sexual assault kit tracking system that provides survivors the ability to track the status of their kit, and mandates agencies that handle kits to register in and utilize the system.
    • Requires sexual assault protocol committees to submit an annual certification to ensure statewide compliance
    • Mandates law enforcement agencies to enter information on certain crimes into the FBI’s Violent Criminal Apprehension Program (ViCAP) database.

 

 

  • O.C.G.A § 17-5-71 / Preservation of Evidence (2020)

    • Mandates law enforcement agencies retain physical evidence collected as a result of a reported sexual assault for

      • 30 years from the date of arrest
      • 7 years from completion of sentence
      • 50 years if no arrest 
    • Requires law enforcement agencies to retain physical evidence in non-report cases of sexual assault for a minimum of 12 months

 

 

  • Georgia Sexual Assault Statues Governing the Following:
    • Rape and Sexual Assault Crime Definitions
    • Consent
    • Mandatory Reporting (Abuse of children, the elderly and/or disabled)
    • Criminal Statues of Limitation
    • Termination of sexual offender’s parental rights
    • Confidentiality Laws
    • HIV/AIDS testing of suspected or convicted sexual offenders
    • Lawfully Owed DNA