Georgia 2025-2026 Regular Session

Georgia House Bill HB518 Compare Versions

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1-25 LC 56 0352S
2-The House Committee on Public Safety and Homeland Security offers the following
3-substitute to HB 518:
1+25 LC 48 1481
2+House Bill 518
3+By: Representative Holcomb of the 101
4+st
5+
46 A BILL TO BE ENTITLED
57 AN ACT
6-To amend Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to1
7-searches and seizures, so as to prohibit the sale of over-the-counter sexual assault evidence2
8-kits; to provide for violation and penalty; to provide for definitions; to amend Title 35 of the3
9-Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so4
10-as to provide for the creation of the Forensic Medical Examination Advisory Committee; to5
11-provide for composition; to provide for rules; to provide for training protocols regarding6
12-forensic medical examinations; to provide for forensic testing; to provide a short title; to7
13-provide for related matters; to repeal conflicting laws; and for other purposes.8
14-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
15-SECTION 1.10
16-This Act shall be known and may be cited as the "Sexual Assault Reform Act of 2025."11
17-SECTION 2.12
18-Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches and13
19-seizures, is amended by revising Code Section 17-5-74, relating to unreported sexual assault14
20-H. B. 518 (SUB)
21-- 1 - 25 LC 56 0352S
22-kits, definitions, state-wide tracking system, requirements, implementation, reporting,15
23-jurisdiction, liability, and regulatory authority, as follows:16
24-"17-5-74.17
25-(a) For the purposes of As used in this Code section, the term:18
26-(1) 'Over-the-counter sexual assault evidence kit' means a sexual assault forensic exam19
27-kit or rape kit that:20
28-(A) Is marketed or presented as a do-it-yourself, over-the-counter, at-home, or21
29-self-collected early evidence kit;22
30-(B) Is offered for sale or as a sample to members of the public; and23
31-(C) Purports to allow an individual to independently collect evidence of a sexual24
32-assault outside of a collecting facility.25
33-(2) 'Unreported' 'unreported' sexual assault kit' means a sexual assault kit collected from26
34-a victim who has consented to the collection of the sexual assault kit but who has not27
35-reported the alleged crime to law enforcement.28
36-(b) The Criminal Justice Coordinating Council shall create and operate a state-wide sexual29
37-assault kit tracking system. The council may contract with state or nonstate entities30
38-including, but not limited to, private software and technology providers, for the creation,31
39-operation, and maintenance of the system.32
40-(c) The state-wide sexual assault kit tracking system shall:33
41-(1) Track the location and status of sexual assault kits throughout the criminal justice34
42-process, including the initial collection in sexual assault forensic examinations performed35
43-at medical facilities, receipt and storage at law enforcement agencies, receipt and analysis36
44-at forensic laboratories, and storage and any destruction after completion of analysis;37
45-(2) Designate sexual assault kits as an unreported sexual assault kit or as a reported38
46-sexual assault kit;39
8+To amend Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to
9+1
10+searches and seizures, so as to authorize the Criminal Justice Coordinating Council to create2
11+and operate a state-wide sexual assault kit tracking system; to provide for definitions; to3
12+provide for reporting requirements; to prohibit the sale of over-the-counter sexual assault4
13+kits; to provide for violation and penalty; to provide for civil immunity for certain sexual5
14+assault forensics personnel; to provide for rules; to amend Title 35 of the Official Code of6
15+Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for7
16+the creation of the Forensic Medical Examination Advisory Committee; to provide for8
17+composition; to provide for rules; to provide for training protocols regarding forensic medical9
18+examinations; to provide for forensic testing; to provide a short title; to provide for related10
19+matters; to repeal conflicting laws; and for other purposes.11
20+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
21+SECTION 1.13
22+This Act shall be known and may be cited as the "Sexual Assault Reform Act of 2025."14
23+H. B. 518
24+- 1 - 25 LC 48 1481
25+SECTION 2.
26+15
27+Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches and16
28+seizures, is amended by adding a new Code section to read as follows:17
29+"17-5-75.
30+18
31+(a) As used in this Code section, the term:19
32+(1) 'Over-the-counter sexual assault evidence kit' means a sexual assault forensic exam20
33+kit or rape kit that:21
34+(A) Is marketed or presented as an over-the-counter, at-home, or self-collected early22
35+evidence kit;23
36+(B) Is offered for sale or as a sample to members of the public; and24
37+(C) Purports to allow an individual to independently collect evidence of a sexual25
38+assault outside of a collecting facility.26
39+(2) 'Unreported sexual assault kit' means a sexual assault kit collected from a victim who27
40+has consented to the collection of the sexual assault kit but who has not reported the28
41+alleged crime to law enforcement.29
42+(b) The Criminal Justice Coordinating Council shall create and operate a state-wide sexual30
43+assault kit tracking system. The council may contract with state or out-of-state entities31
44+including, but not limited to, private software and technology providers, for the creation,32
45+operation, and maintenance of the system.33
46+(c) The state-wide sexual assault kit tracking system shall:34
47+(1) Track the location and status of sexual assault kits throughout the criminal justice35
48+process, including the initial collection in sexual assault forensic examinations performed36
49+at medical facilities, receipt and storage at law enforcement agencies, receipt and analysis37
50+at forensic laboratories, and storage and any destruction after completion of analysis;38
51+(2) Designate sexual assault kits as unreported or reported;39
4752 (3) Allow medical facilities performing sexual assault forensic examinations, law40
4853 enforcement agencies, prosecutors, the Division of Forensic Sciences of the Georgia41
49-H. B. 518 (SUB)
50-- 2 - 25 LC 56 0352S
54+H. B. 518
55+- 2 - 25 LC 48 1481
5156 Bureau of Investigation, and other entities having custody of sexual assault kits to update42
5257 and track the status and location of sexual assault kits;43
5358 (4) Allow victims of sexual assault to anonymously track or receive updates regarding44
5459 the status of their sexual assault kits; and45
5560 (5) Use electronic technology or technologies allowing continuous access.46
5661 (d) The Criminal Justice Coordinating Council may use a phased implementation process47
5762 in order to launch the sexual assault kit tracking system and facilitate entry and use of the48
5863 system for required participants. The council may phase initial participation according to49
5964 region, volume, or other appropriate classifications. All law enforcement agencies and50
6065 other entities having custody of sexual assault kits shall register for and utilize the system51
61-in order to fully participate no later than July 1, 2022. The council shall submit a report on52
62-the current status and plan for launching the system, including the plan for phased53
63-implementation, to the appropriate committees of the legislature and the Governor no later54
64-than January 1, 2022.55
66+in order to fully participate no later than one year following the effective date of this Code52
67+section. The council shall submit a report on the current status and plan for launching the53
68+system, including the plan for phased implementation, to the appropriate committees of the54
69+legislature and the Governor no later than January 1, 2026.55
6570 (e) The Criminal Justice Coordinating Council shall submit a report on the state-wide56
6671 sexual assault kit tracking system to the appropriate committees of the legislature and the57
6772 Governor. The council shall publish the current report on its website. The first report shall58
68-be submitted on or before December 31, 2022, and subsequent reports are to be submitted59
69-on or before December 31 of each year. Each report shall include the following:60
70-(1) The number of sexual assault kits used by collection sites to conduct forensic medical61
71-examinations of assault victims;62
72-(2) Of the sexual assault kits used by collection sites to conduct forensic medical63
73-examinations, the number of sexual assault kits for which a sexual assault has been64
74-reported to law enforcement, sorted by law enforcement agency;65
75-(3) The average time for each law enforcement agency to collect reported sexual assault66
76-kits from collection sites;67
77-H. B. 518 (SUB)
78-- 3 - 25 LC 56 0352S
79-(4) Of the sexual assault kits generated for reported cases, the number of sexual assault68
80-kits submitted to a laboratory for forensic testing;69
81-(5) Of the sexual assault kits submitted for forensic testing, the number of kits for which70
82-forensic testing has been completed;71
83-(6) The number of sexual assault kits for which a sexual assault has not been reported72
84-to law enforcement; and73
85-(7) The jurisdictions in which reported sexual assault kits have not been submitted to the74
86-Division of Forensic Services Sciences of the Georgia Bureau of Investigation in75
87-accordance with Code Section 35-1-2.76
88-(f) For the purpose of reports submitted under subsection (e) of this Code section, a sexual77
89-assault kit shall be assigned to the jurisdiction associated with the law enforcement agency78
90-anticipated to receive the sexual assault kit or otherwise having custody of the sexual79
91-assault kit.80
92-(g) Any public agency or entity, including its officials and employees, and any hospital81
93-and its employees providing services to victims of sexual assault shall not be held civilly82
94-liable for damages arising from any release of information or the failure to release83
95-information related to the state-wide sexual assault kit tracking system, so long as the84
96-release was without gross negligence.85
97-(h) The Criminal Justice Coordinating Council shall adopt rules as necessary to implement86
98-this Code section.87
99-(i) An over-the-counter sexual assault evidence kit does not include a sexual assault kit88
100-sold or provided to law enforcement or medical personnel or a collecting facility. A person89
101-may not sell, offer for sale, or provide to an individual an over-the-counter sexual assault90
102-evidence kit. A violation of this subsection is a misdemeanor punishable by fine not to91
103-exceed $1,000.00."92
104-H. B. 518 (SUB)
105-- 4 - 25 LC 56 0352S
106-SECTION 3.93
107-Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and94
108-agencies, is amended by revising subsections (c), (e), (f), and (g) of Code Section 35-1-2,95
109-relating to examination of sexual assault victims and reports, as follows:96
110-"(c) It shall be the duty of every law enforcement officer who takes possession of the97
111-evidence as provided in subsection (b) of this Code section to ensure that such evidence is98
112-submitted to the division for testing within 30 days of it being collected, in accordance with99
113-the procedures established by the division. The division shall test evidence received in100
114-compliance with this section, unless the victim requests in writing directly to the division101
115-that the evidence not be tested."102
116-"(e) It shall be the duty of every law enforcement agency to create a list of evidence103
117-resulting from a forensic medical examination that is in such agency's possession on104
118-August 1, 2016, identifying such evidence as needing to be tested and submitting such105
119-listing of information to the division by August 15, 2016.106
120-(f)(e) A failure to comply with the provisions of this Code section shall not affect the107
121-admissibility of evidence collected from a forensic medical examination.108
122-(g)(f) Beginning December 1, 2016, the division shall issue an annual report detailing the109
123-number of cases for which it has tested evidence pursuant to this Code section and the110
124-number of cases that are awaiting testing. Such report shall be provided to the executive111
125-counsel of the Governor, the Speaker of the House of Representatives, the Lieutenant112
126-Governor President of the Senate, the members of the House Committee on Judiciary,113
127-Non-civil,; the members of the Senate Judiciary Committee,; the House Committee on114
128-Public and Community Health; and Human Services, and the Senate Health and Human115
129-Services Committee; and posted online at the Georgia Bureau of Investigation's public116
130-website."117
131-H. B. 518 (SUB)
132-- 5 - 25 LC 56 0352S
133-SECTION 4.118
134-Said title is further amended by adding a new Code section to read as follows:119
135-"35-6A-18.120
136-(a) There is created the Forensic Medical Examination Advisory Committee which shall121
137-be composed of 13 members.122
138-(b) The members of the committee shall be the State Sexual Assault Nurse Examiner123
139-(SANE) Coordinator and 12 other citizens of this state appointed by the Governor. Of the124
140-members appointed by the Governor, four shall be registered nurses who hold certification125
141-in forensic nursing, one shall be a representative from the Georgia Board of Nursing, one126
142-shall be a representative from the Georgia Nurses Association, two shall be licensed127
143-providers under Georgia law who are advanced practitioners, one shall be a peace officer128
144-certified by the Georgia Peace Officer Standards and Training Council, one shall be a129
145-prosecuting attorney, one shall be employed by the Division of Forensic Sciences of the130
146-Georgia Bureau of Investigation, and one shall be a victims' rights advocate. The Governor131
147-shall make the initial appointments not later than July 1, 2025, and shall appoint three132
148-members for a one-year term of office, three members for two-year terms of office, three133
149-members for three-year terms of office, and three members for four-year terms of office,134
150-which shall be specified in each member's appointment. Thereafter, successors shall be135
151-appointed to four-year terms of office. Vacancies shall be filled by appointment of the136
152-Governor for the unexpired term. Initial terms of office shall begin on July 1, 2025.137
153-(c) The committee shall establish by rule and regulation criteria for the SANE didactic and138
154-clinical training protocols for the forensic medical examination and maintain certificates139
155-for forensic nurses in the state. The training protocols shall be consistent with best practice140
156-as defined by the national organizations and uphold nurse practice standards as regulated141
157-by the Georgia Board of Nursing. To receive the state certificate, the registered nurse must142
158-complete a Criminal Justice Coordinating Council approved SANE didactic and clinical143
159-training and submit the required documents required by the protocol as set forth by the144
160-H. B. 518 (SUB)
161-- 6 - 25 LC 56 0352S
162-committee. Forensic nurses with sexual assault nurse training who begin practice in this145
163-state on or after August 1, 2025, shall have until January 1, 2026, to apply for the state146
164-certificate. Nurses entering the state on or after August 1, 2025, and who intend to practice147
165-as a sexual assault nurse examiner shall apply for the state certificate prior to beginning148
166-practice as a sexual assault nurse examiner. The Victims Compensation Division of the149
167-Criminal Justice Coordinating Council shall have the authority to make exceptions for any150
168-reimbursement for the SANE examination by rule or regulation.151
169-(d) On and after October 1, 2025, persons or organizations that provide sexual assault152
170-nurse examiner training in this state shall register and receive approval from the Forensic153
171-Medical Examination Advisory Committee prior to offering such training. Such persons154
172-or organizations shall submit the locations and dates of the proposed training and the155
173-training content for all adult/adolescent and pediatric didactic and clinical training for156
174-approval by the Forensic Medical Examination Advisory Committee. Such persons or157
175-organizations shall report to the Criminal Justice Coordinating Council on completed158
176-training with such information and in such manner as directed by the Criminal Justice159
177-Coordinating Council.160
178-(e) Approvals for trainings made by the Forensic Medical Examination Advisory161
179-Committee and the Criminal Justice Coordinating Council shall adhere to the established162
180-rules as set forth by the committee protocol. The committee shall also act as an advisory163
181-committee to assist the Criminal Justice Coordinating Council in developing best practice164
73+be submitted on or before December 31, 2025, and subsequent reports are to be submitted59
74+on or before January 31 of each subsequent year to provide data for the preceding calendar60
75+year. Each report shall include:61
76+(1) The number of sexual assault kits used by collection sites to conduct forensic medical62
77+examinations of assault victims;63
78+(2) Of the sexual assault kits used by collection sites to conduct forensic medical64
79+examinations, the number of sexual assault kits for which a sexual assault has been65
80+reported to law enforcement, sorted by law enforcement agency;66
81+(3) The average time for each law enforcement agency to collect reported sexual assault67
82+kits from collection sites;68
83+H. B. 518
84+- 3 - 25 LC 48 1481
85+(4) Of the sexual assault kits generated for reported cases, the number of sexual assault69
86+kits submitted to a laboratory for forensic testing;70
87+(5) Of the sexual assault kits submitted for forensic testing, the number of kits for which71
88+forensic testing has been completed;72
89+(6) The number of sexual assault kits for which a sexual assault has not been reported73
90+to law enforcement; and74
91+(7) The jurisdictions in which reported sexual assault kits have not been submitted to the75
92+Division of Forensic Sciences of the Georgia Bureau of Investigation in accordance with76
93+Code Section 35-1-2.77
94+(f) For the purpose of reports submitted under subsection (e) of this Code section, a sexual78
95+assault kit shall be assigned to the jurisdiction associated with the law enforcement agency79
96+anticipated to receive the sexual assault kit or otherwise having custody of the sexual80
97+assault kit.81
98+(g) An over-the-counter sexual assault evidence kit does not include a sexual assault kit82
99+sold or provided to law enforcement or medical personnel or a collecting facility. A person83
100+may not sell, offer for sale, or provide to an individual an over-the-counter sexual assault84
101+evidence kit. A violation of this subsection is a misdemeanor punishable by fine not to85
102+exceed $1,000.00.86
103+(h) Any public agency or entity, including its officials and employees, and any hospital87
104+and its employees providing services to victims of sexual assault shall not be held civilly88
105+liable for damages arising from any release of information or the failure to release89
106+information related to the state-wide sexual assault kit tracking system, so long as the90
107+release was without gross negligence.91
108+(i) The Criminal Justice Coordinating Council shall adopt rules as necessary to implement92
109+this Code section."93
110+H. B. 518
111+- 4 - 25 LC 48 1481
112+SECTION 3.
113+94
114+Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and95
115+agencies, is amended by revising subsections (c), (e), (f), and (g) of Code Section 35-1-2,96
116+relating to examination of sexual assault victims and reports, as follows:97
117+"(c) It shall be the duty of every law enforcement officer who takes possession of the98
118+evidence as provided in subsection (b) of this Code section to ensure that such evidence is99
119+submitted to the division for testing
120+ within 30 days of it being collected, in accordance with100
121+the procedures established by the division. The division shall test evidence received in101
122+compliance with this section, unless the victim requests in writing directly to the division102
123+that the evidence not be tested."103
124+"(e) It shall be the duty of every law enforcement agency to create a list of evidence104
125+resulting from a forensic medical examination that is in such agency's possession on105
126+August 1, 2016, identifying such evidence as needing to be tested and submitting such106
127+listing of information to the division by August 15, 2016.107
128+(f)(e) A failure to comply with the provisions of this Code section shall not affect the108
129+admissibility of evidence collected from a forensic medical examination.109
130+(g)(f) Beginning December 1, 2016, the division shall issue an annual report detailing the110
131+number of cases for which it has tested evidence pursuant to this Code section and the111
132+number of cases that are awaiting testing. Such report shall be provided to the executive112
133+counsel of the Governor, the Speaker of the House of Representatives, the Lieutenant113
134+Governor President of the Senate, the members of the House Committee on Judiciary,114
135+Non-civil,; the members of the Senate Judiciary Committee,; the House Committee on115
136+Public and Community Health; and Human Services, and the Senate Health and Human116
137+Services Committee; and posted online at the Georgia Bureau of Investigation's public117
138+website."118
139+H. B. 518
140+- 5 - 25 LC 48 1481
141+SECTION 4.
142+119
143+Said title is further amended by adding a new Code section to read as follows:120
144+"35-6A-18.
145+121
146+(a) There is created the Forensic Medical Examination Advisory Committee which shall122
147+be composed of 13 members.123
148+(b) The members of the committee shall be the State Sexual Assault Nurse Examiner124
149+(SANE) Coordinator and 12 other citizens of this state appointed by the Governor. Of the125
150+members appointed by the Governor, four shall be registered nurses who hold board126
151+certification in forensic nursing, one shall be a representative from the Georgia Board of127
152+Nursing, one shall be a representative from the Georgia Nurses Association, two shall be128
153+licensed providers under Georgia law who are advanced practitioners, one shall be a peace129
154+officer certified by the Georgia Peace Officer Standards and Training Council, one shall130
155+be a prosecuting attorney, one shall be employed by the Division of Forensic Sciences of131
156+the Georgia Bureau of Investigation, and one shall be a victims' rights advocate. The132
157+Governor shall make the initial appointments not later than July 1, 2025, and shall appoint133
158+three members for a one-year term of office, three members for two-year terms of office,134
159+three members for three-year terms of office, and three members for four-year terms of135
160+office, which shall be specified in each member's appointment. Thereafter, successors shall136
161+be appointed to four-year terms of office. Vacancies shall be filled by appointment of the137
162+Governor for the unexpired term. Initial terms of office shall begin on July 1, 2025.138
163+(c) The committee shall establish by rule and regulation criteria for the SANE didactic and139
164+clinical training protocols for the forensic medical examination and maintain certificates140
165+for forensic nurses in the state. The training protocols shall be consistent with best practice141
166+as defined by the national organizations and uphold nurse practice standards as regulated142
167+by the Georgia Board of Nursing. To receive the state certificate, the registered nurse must143
168+complete a Criminal Justice Coordinating Council approved SANE didactic and clinical144
169+training and submit the required documents required by the protocol as set forth by the145
170+H. B. 518
171+- 6 - 25 LC 48 1481
172+committee. Forensic Nurses with sexual assault nurse training who begin practice in this146
173+state on or after August 1, 2025, shall have until January 1, 2026, to apply for the state147
174+certificate. Nurses entering the state on or after August 1, 2025, and who intend to practice148
175+as a sexual assault nurse examiner shall apply for the state certificate prior to beginning149
176+practice as a sexual assault nurse examiner. The Victims Compensation Division of the150
177+Criminal Justice Coordinating Council shall have the authority to make exceptions for any151
178+reimbursement for the SANE examination by rule or regulation.152
179+(d) On and after July 1, 2025, persons or organizations that provide sexual assault nurse153
180+examiner training in this state shall register and receive approval from the State Sexual154
181+Assault Nurse Examiner Coordinator prior to offering such training. Such persons or155
182+organizations shall submit the locations and dates of the proposed training and the training156
183+content for all adult/adolescent and pediatric didactic and clinical training for approval by157
184+the State Sexual Assault Nurse Examiner Coordinator. Such persons or organizations shall158
185+report to the Criminal Justice Coordinating Council on completed training with such159
186+information and in such manner as directed by the Criminal Justice Coordinating Council. 160
187+(e) Approvals for trainings made by the State Sexual Assault Nurse Examiner Coordinator161
188+and the Criminal Justice Coordinating Council shall adhere to the established rules as set162
189+forth by the committee protocol. The committee shall also act as an advisory committee163
190+to assist the Criminal Justice Coordinating Council in developing best practice164
182191 recommendations for forensic medical examiners in this state."165
183192 SECTION 5.166
184193 All laws and parts of laws in conflict with this Act are repealed.167
185-H. B. 518 (SUB)
194+H. B. 518
186195 - 7 -