HB626: HB626 Criminal procedure; extend retention period of evidence of sexual assault when victim elects not to immediately report assault
Last action March 4, 2026 · House Postponed
A Georgia House bill would extend how long police must keep sexual assault evidence when the victim initially chooses not to report the crime, from 12 months to 30 years.
In plain language
Under current Georgia law (O.C.G.A. § 17-5-71), when a sexual assault victim undergoes an evidence collection exam but decides not to immediately report the assault to police, the law enforcement agency in charge is only required to hold onto the biological evidence, such as stains, fluids, or hair samples tied to the perpetrator's identity, for at least 12 months. This bill would change that minimum retention period to 30 years from the date the evidence was collected. It also gives the bill a short title, the "Stephanie Colquitt-Shurman Act of 2026," and repeals any conflicting laws. The change would give victims a much longer window to come forward and report an assault before the physical evidence connected to their case could be discarded.
What the bill does
- Rewrites part of Georgia's evidence preservation law (O.C.G.A. § 17-5-71) to extend the minimum retention period for unreported sexual assault evidence from 12 months to 30 years.
- Applies specifically to biological evidence, including stains, fluids, or hair samples, that relates to the identity of the alleged perpetrator.
- Gives the bill the short title "Stephanie Colquitt-Shurman Act of 2026."
- Repeals any existing state laws that conflict with the new retention requirement.
Who it affects
Sexual assault victims who choose not to report immediately, the law enforcement agencies responsible for storing physical evidence such as police departments and sheriff's offices, and crime labs or evidence storage facilities that hold biological evidence long term.
Why it matters
Victims sometimes need years before they are ready to report an assault to police. Extending the mandatory evidence retention period from one year to 30 years means evidence linking a perpetrator to the crime would be much less likely to be destroyed before a victim decides to come forward.
Key provisions
- Section 1 names the bill the "Stephanie Colquitt-Shurman Act of 2026."
- Section 2 revises subsection (b) of O.C.G.A. § 17-5-71 so that when a victim does not immediately report an alleged sexual assault, the law enforcement agency with jurisdiction must keep related biological evidence for at least 30 years, up from 12 months, from the date of collection.
- Section 3 repeals any conflicting laws.
From the bill
“for not less than 12 months15 30 years from the date any such physical evidence is collected”
Status timeline
- House Postponed (House)
- House Postponed (House)
- House Committee Favorably Reported By Substitute (House)
- House Withdrawn, Recommitted (House)
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Karen Lupton (D, HD-083)
- Scott Holcomb (D, HD-101)
- Karen Mathiak (R, HD-082)
- Matt Dubnik (R, HD-029)
- Marvin Lim (D, HD-098)
Topics
- sexual assault evidence
- criminal procedure
- victims' rights
- law enforcement policy