25 LC 56 0352S
The House Committee on Public Safety and Homeland Security offers the following
substitute to HB 518:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to1
searches and seizures, so as to prohibit the sale of over-the-counter sexual assault evidence2
kits; to provide for violation and penalty; to provide for definitions; to amend Title 35 of the3
Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so4
as to provide for the creation of the Forensic Medical Examination Advisory Committee; to5
provide for composition; to provide for rules; to provide for training protocols regarding6
forensic medical examinations; to provide for forensic testing; to provide a short title; to7
provide for related matters; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
This Act shall be known and may be cited as the "Sexual Assault Reform Act of 2025."11
SECTION 2.12
Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches and13
seizures, is amended by revising Code Section 17-5-74, relating to unreported sexual assault14
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kits, definitions, state-wide tracking system, requirements, implementation, reporting,15
jurisdiction, liability, and regulatory authority, as follows:16
"17-5-74.17
(a) For the purposes of As used in this Code section, the term:18
(1) 'Over-the-counter sexual assault evidence kit' means a sexual assault forensic exam19
kit or rape kit that:20
(A) Is marketed or presented as a do-it-yourself, over-the-counter, at-home, or21
self-collected early evidence kit;22
(B) Is offered for sale or as a sample to members of the public; and23
(C) Purports to allow an individual to independently collect evidence of a sexual24
assault outside of a collecting facility.25
(2) 'Unreported' 'unreported' sexual assault kit' means a sexual assault kit collected from26
a victim who has consented to the collection of the sexual assault kit but who has not27
reported the alleged crime to law enforcement.28
(b) The Criminal Justice Coordinating Council shall create and operate a state-wide sexual29
assault kit tracking system. The council may contract with state or nonstate entities30
including, but not limited to, private software and technology providers, for the creation,31
operation, and maintenance of the system.32
(c) The state-wide sexual assault kit tracking system shall:33
(1) Track the location and status of sexual assault kits throughout the criminal justice34
process, including the initial collection in sexual assault forensic examinations performed35
at medical facilities, receipt and storage at law enforcement agencies, receipt and analysis36
at forensic laboratories, and storage and any destruction after completion of analysis;37
(2) Designate sexual assault kits as an unreported sexual assault kit or as a reported38
sexual assault kit;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 July 1, 2022. The council shall submit a report on52
the current status and plan for launching the system, including the plan for phased53
implementation, to the appropriate committees of the legislature and the Governor no later54
than January 1, 2022.55
(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, 2022, and subsequent reports are to be submitted59
on or before December 31 of each year. Each report shall include the following:60
(1) The number of sexual assault kits used by collection sites to conduct forensic medical61
examinations of assault victims;62
(2) Of the sexual assault kits used by collection sites to conduct forensic medical63
examinations, the number of sexual assault kits for which a sexual assault has been64
reported to law enforcement, sorted by law enforcement agency;65
(3) The average time for each law enforcement agency to collect reported sexual assault66
kits from collection sites;67
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(4) Of the sexual assault kits generated for reported cases, the number of sexual assault68
kits submitted to a laboratory for forensic testing;69
(5) Of the sexual assault kits submitted for forensic testing, the number of kits for which70
forensic testing has been completed;71
(6) The number of sexual assault kits for which a sexual assault has not been reported72
to law enforcement; and73
(7) The jurisdictions in which reported sexual assault kits have not been submitted to the74
Division of Forensic Services Sciences of the Georgia Bureau of Investigation in75
accordance with Code Section 35-1-2.76
(f) For the purpose of reports submitted under subsection (e) of this Code section, a sexual77
assault kit shall be assigned to the jurisdiction associated with the law enforcement agency78
anticipated to receive the sexual assault kit or otherwise having custody of the sexual79
assault kit.80
(g) Any public agency or entity, including its officials and employees, and any hospital81
and its employees providing services to victims of sexual assault shall not be held civilly82
liable for damages arising from any release of information or the failure to release83
information related to the state-wide sexual assault kit tracking system, so long as the84
release was without gross negligence.85
(h) The Criminal Justice Coordinating Council shall adopt rules as necessary to implement86
this Code section.87
(i) An over-the-counter sexual assault evidence kit does not include a sexual assault kit88
sold or provided to law enforcement or medical personnel or a collecting facility. A person89
may not sell, offer for sale, or provide to an individual an over-the-counter sexual assault90
evidence kit. A violation of this subsection is a misdemeanor punishable by fine not to91
exceed $1,000.00."92
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SECTION 3.93
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and94
agencies, is amended by revising subsections (c), (e), (f), and (g) of Code Section 35-1-2,95
relating to examination of sexual assault victims and reports, as follows:96
"(c) It shall be the duty of every law enforcement officer who takes possession of the97
evidence as provided in subsection (b) of this Code section to ensure that such evidence is98
submitted to the division for testing within 30 days of it being collected, in accordance with99
the procedures established by the division. The division shall test evidence received in100
compliance with this section, unless the victim requests in writing directly to the division101
that the evidence not be tested."102
"(e) It shall be the duty of every law enforcement agency to create a list of evidence103
resulting from a forensic medical examination that is in such agency's possession on104
August 1, 2016, identifying such evidence as needing to be tested and submitting such105
listing of information to the division by August 15, 2016.106
(f)(e) A failure to comply with the provisions of this Code section shall not affect the107
admissibility of evidence collected from a forensic medical examination.108
(g)(f) Beginning December 1, 2016, the division shall issue an annual report detailing the109
number of cases for which it has tested evidence pursuant to this Code section and the110
number of cases that are awaiting testing. Such report shall be provided to the executive111
counsel of the Governor, the Speaker of the House of Representatives, the Lieutenant112
Governor President of the Senate, the members of the House Committee on Judiciary,113
Non-civil,; the members of the Senate Judiciary Committee,; the House Committee on114
Public and Community Health; and Human Services, and the Senate Health and Human115
Services Committee; and posted online at the Georgia Bureau of Investigation's public116
website."117
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SECTION 4.118
Said title is further amended by adding a new Code section to read as follows:119
"35-6A-18.120
(a) There is created the Forensic Medical Examination Advisory Committee which shall121
be composed of 13 members.122
(b) The members of the committee shall be the State Sexual Assault Nurse Examiner123
(SANE) Coordinator and 12 other citizens of this state appointed by the Governor. Of the124
members appointed by the Governor, four shall be registered nurses who hold certification125
in forensic nursing, one shall be a representative from the Georgia Board of Nursing, one126
shall be a representative from the Georgia Nurses Association, two shall be licensed127
providers under Georgia law who are advanced practitioners, one shall be a peace officer128
certified by the Georgia Peace Officer Standards and Training Council, one shall be a129
prosecuting attorney, one shall be employed by the Division of Forensic Sciences of the130
Georgia Bureau of Investigation, and one shall be a victims' rights advocate. The Governor131
shall make the initial appointments not later than July 1, 2025, and shall appoint three132
members for a one-year term of office, three members for two-year terms of office, three133
members for three-year terms of office, and three members for four-year terms of office,134
which shall be specified in each member's appointment. Thereafter, successors shall be135
appointed to four-year terms of office. Vacancies shall be filled by appointment of the136
Governor for the unexpired term. Initial terms of office shall begin on July 1, 2025.137
(c) The committee shall establish by rule and regulation criteria for the SANE didactic and138
clinical training protocols for the forensic medical examination and maintain certificates139
for forensic nurses in the state. The training protocols shall be consistent with best practice140
as defined by the national organizations and uphold nurse practice standards as regulated141
by the Georgia Board of Nursing. To receive the state certificate, the registered nurse must142
complete a Criminal Justice Coordinating Council approved SANE didactic and clinical143
training and submit the required documents required by the protocol as set forth by the144
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committee. Forensic nurses with sexual assault nurse training who begin practice in this145
state on or after August 1, 2025, shall have until January 1, 2026, to apply for the state146
certificate. Nurses entering the state on or after August 1, 2025, and who intend to practice147
as a sexual assault nurse examiner shall apply for the state certificate prior to beginning148
practice as a sexual assault nurse examiner. The Victims Compensation Division of the149
Criminal Justice Coordinating Council shall have the authority to make exceptions for any150
reimbursement for the SANE examination by rule or regulation.151
(d) On and after October 1, 2025, persons or organizations that provide sexual assault152
nurse examiner training in this state shall register and receive approval from the Forensic153
Medical Examination Advisory Committee prior to offering such training. Such persons154
or organizations shall submit the locations and dates of the proposed training and the155
training content for all adult/adolescent and pediatric didactic and clinical training for156
approval by the Forensic Medical Examination Advisory Committee. Such persons or157
organizations shall report to the Criminal Justice Coordinating Council on completed158
training with such information and in such manner as directed by the Criminal Justice159
Coordinating Council.160
(e) Approvals for trainings made by the Forensic Medical Examination Advisory161
Committee and the Criminal Justice Coordinating Council shall adhere to the established162
rules as set forth by the committee protocol. The committee shall also act as an advisory163
committee 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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