25 LC 48 1481
House Bill 518
By: Representative Holcomb of the 101
st
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to
1
searches and seizures, so as to authorize the Criminal Justice Coordinating Council to create2
and operate a state-wide sexual assault kit tracking system; to provide for definitions; to3
provide for reporting requirements; to prohibit the sale of over-the-counter sexual assault4
kits; to provide for violation and penalty; to provide for civil immunity for certain sexual5
assault forensics personnel; to provide for rules; to amend Title 35 of the Official Code of6
Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for7
the creation of the Forensic Medical Examination Advisory Committee; to provide for8
composition; to provide for rules; to provide for training protocols regarding forensic medical9
examinations; to provide for forensic testing; to provide a short title; to provide for related10
matters; to repeal conflicting laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
This Act shall be known and may be cited as the "Sexual Assault Reform Act of 2025."14
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SECTION 2.
15
Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches and16
seizures, is amended by adding a new Code section to read as follows:17
"17-5-75.
18
(a) As used in this Code section, the term:19
(1) 'Over-the-counter sexual assault evidence kit' means a sexual assault forensic exam20
kit or rape kit that:21
(A) Is marketed or presented as an over-the-counter, at-home, or self-collected early22
evidence kit;23
(B) Is offered for sale or as a sample to members of the public; and24
(C) Purports to allow an individual to independently collect evidence of a sexual25
assault outside of a collecting facility.26
(2) 'Unreported sexual assault kit' means a sexual assault kit collected from a victim who27
has consented to the collection of the sexual assault kit but who has not reported the28
alleged crime to law enforcement.29
(b) The Criminal Justice Coordinating Council shall create and operate a state-wide sexual30
assault kit tracking system. The council may contract with state or out-of-state entities31
including, but not limited to, private software and technology providers, for the creation,32
operation, and maintenance of the system.33
(c) The state-wide sexual assault kit tracking system shall:34
(1) Track the location and status of sexual assault kits throughout the criminal justice35
process, including the initial collection in sexual assault forensic examinations performed36
at medical facilities, receipt and storage at law enforcement agencies, receipt and analysis37
at forensic laboratories, and storage and any destruction after completion of analysis;38
(2) Designate sexual assault kits as unreported or reported;39
(3) Allow medical facilities performing sexual assault forensic examinations, law40
enforcement agencies, prosecutors, the Division of Forensic Sciences of the Georgia41
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Bureau of Investigation, and other entities having custody of sexual assault kits to update42
and track the status and location of sexual assault kits;43
(4) Allow victims of sexual assault to anonymously track or receive updates regarding44
the status of their sexual assault kits; and45
(5) Use electronic technology or technologies allowing continuous access.46
(d) The Criminal Justice Coordinating Council may use a phased implementation process47
in order to launch the sexual assault kit tracking system and facilitate entry and use of the48
system for required participants. The council may phase initial participation according to49
region, volume, or other appropriate classifications. All law enforcement agencies and50
other entities having custody of sexual assault kits shall register for and utilize the system51
in order to fully participate no later than one year following the effective date of this Code52
section. The council shall submit a report on the current status and plan for launching the53
system, including the plan for phased implementation, to the appropriate committees of the54
legislature and the Governor no later than January 1, 2026.55
(e) The Criminal Justice Coordinating Council shall submit a report on the state-wide56
sexual assault kit tracking system to the appropriate committees of the legislature and the57
Governor. The council shall publish the current report on its website. The first report shall58
be submitted on or before December 31, 2025, and subsequent reports are to be submitted59
on or before January 31 of each subsequent year to provide data for the preceding calendar60
year. Each report shall include:61
(1) The number of sexual assault kits used by collection sites to conduct forensic medical62
examinations of assault victims;63
(2) Of the sexual assault kits used by collection sites to conduct forensic medical64
examinations, the number of sexual assault kits for which a sexual assault has been65
reported to law enforcement, sorted by law enforcement agency;66
(3) The average time for each law enforcement agency to collect reported sexual assault67
kits from collection sites;68
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(4) Of the sexual assault kits generated for reported cases, the number of sexual assault69
kits submitted to a laboratory for forensic testing;70
(5) Of the sexual assault kits submitted for forensic testing, the number of kits for which71
forensic testing has been completed;72
(6) The number of sexual assault kits for which a sexual assault has not been reported73
to law enforcement; and74
(7) The jurisdictions in which reported sexual assault kits have not been submitted to the75
Division of Forensic Sciences of the Georgia Bureau of Investigation in accordance with76
Code Section 35-1-2.77
(f) For the purpose of reports submitted under subsection (e) of this Code section, a sexual78
assault kit shall be assigned to the jurisdiction associated with the law enforcement agency79
anticipated to receive the sexual assault kit or otherwise having custody of the sexual80
assault kit.81
(g) An over-the-counter sexual assault evidence kit does not include a sexual assault kit82
sold or provided to law enforcement or medical personnel or a collecting facility. A person83
may not sell, offer for sale, or provide to an individual an over-the-counter sexual assault84
evidence kit. A violation of this subsection is a misdemeanor punishable by fine not to85
exceed $1,000.00.86
(h) Any public agency or entity, including its officials and employees, and any hospital87
and its employees providing services to victims of sexual assault shall not be held civilly88
liable for damages arising from any release of information or the failure to release89
information related to the state-wide sexual assault kit tracking system, so long as the90
release was without gross negligence.91
(i) The Criminal Justice Coordinating Council shall adopt rules as necessary to implement92
this Code section."93
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SECTION 3.
94
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and95
agencies, is amended by revising subsections (c), (e), (f), and (g) of Code Section 35-1-2,96
relating to examination of sexual assault victims and reports, as follows:97
"(c) It shall be the duty of every law enforcement officer who takes possession of the98
evidence as provided in subsection (b) of this Code section to ensure that such evidence is99
submitted to the division for testing
within 30 days of it being collected, in accordance with100
the procedures established by the division. The division shall test evidence received in101
compliance with this section, unless the victim requests in writing directly to the division102
that the evidence not be tested."103
"(e) It shall be the duty of every law enforcement agency to create a list of evidence104
resulting from a forensic medical examination that is in such agency's possession on105
August 1, 2016, identifying such evidence as needing to be tested and submitting such106
listing of information to the division by August 15, 2016.107
(f)(e) A failure to comply with the provisions of this Code section shall not affect the108
admissibility of evidence collected from a forensic medical examination.109
(g)(f) Beginning December 1, 2016, the division shall issue an annual report detailing the110
number of cases for which it has tested evidence pursuant to this Code section and the111
number of cases that are awaiting testing. Such report shall be provided to the executive112
counsel of the Governor, the Speaker of the House of Representatives, the Lieutenant113
Governor President of the Senate, the members of the House Committee on Judiciary,114
Non-civil,; the members of the Senate Judiciary Committee,; the House Committee on115
Public and Community Health; and Human Services, and the Senate Health and Human116
Services Committee; and posted online at the Georgia Bureau of Investigation's public117
website."118
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SECTION 4.
119
Said title is further amended by adding a new Code section to read as follows:120
"35-6A-18.
121
(a) There is created the Forensic Medical Examination Advisory Committee which shall122
be composed of 13 members.123
(b) The members of the committee shall be the State Sexual Assault Nurse Examiner124
(SANE) Coordinator and 12 other citizens of this state appointed by the Governor. Of the125
members appointed by the Governor, four shall be registered nurses who hold board126
certification in forensic nursing, one shall be a representative from the Georgia Board of127
Nursing, one shall be a representative from the Georgia Nurses Association, two shall be128
licensed providers under Georgia law who are advanced practitioners, one shall be a peace129
officer certified by the Georgia Peace Officer Standards and Training Council, one shall130
be a prosecuting attorney, one shall be employed by the Division of Forensic Sciences of131
the Georgia Bureau of Investigation, and one shall be a victims' rights advocate. The132
Governor shall make the initial appointments not later than July 1, 2025, and shall appoint133
three members for a one-year term of office, three members for two-year terms of office,134
three members for three-year terms of office, and three members for four-year terms of135
office, which shall be specified in each member's appointment. Thereafter, successors shall136
be appointed to four-year terms of office. Vacancies shall be filled by appointment of the137
Governor for the unexpired term. Initial terms of office shall begin on July 1, 2025.138
(c) The committee shall establish by rule and regulation criteria for the SANE didactic and139
clinical training protocols for the forensic medical examination and maintain certificates140
for forensic nurses in the state. The training protocols shall be consistent with best practice141
as defined by the national organizations and uphold nurse practice standards as regulated142
by the Georgia Board of Nursing. To receive the state certificate, the registered nurse must143
complete a Criminal Justice Coordinating Council approved SANE didactic and clinical144
training and submit the required documents required by the protocol as set forth by the145
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committee. Forensic Nurses with sexual assault nurse training who begin practice in this146
state on or after August 1, 2025, shall have until January 1, 2026, to apply for the state147
certificate. Nurses entering the state on or after August 1, 2025, and who intend to practice148
as a sexual assault nurse examiner shall apply for the state certificate prior to beginning149
practice as a sexual assault nurse examiner. The Victims Compensation Division of the150
Criminal Justice Coordinating Council shall have the authority to make exceptions for any151
reimbursement for the SANE examination by rule or regulation.152
(d) On and after July 1, 2025, persons or organizations that provide sexual assault nurse153
examiner training in this state shall register and receive approval from the State Sexual154
Assault Nurse Examiner Coordinator prior to offering such training. Such persons or155
organizations shall submit the locations and dates of the proposed training and the training156
content for all adult/adolescent and pediatric didactic and clinical training for approval by157
the State Sexual Assault Nurse Examiner Coordinator. Such persons or organizations shall158
report to the Criminal Justice Coordinating Council on completed training with such159
information and in such manner as directed by the Criminal Justice Coordinating Council. 160
(e) Approvals for trainings made by the State Sexual Assault Nurse Examiner Coordinator161
and the Criminal Justice Coordinating Council shall adhere to the established rules as set162
forth by the committee protocol. The committee shall also act as an advisory committee163
to assist the Criminal Justice Coordinating Council in developing best practice164
recommendations for forensic medical examiners in this state."165
SECTION 5.166
All laws and parts of laws in conflict with this Act are repealed.167
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