ADOPTED
Senators Jackson of the 41st and Robertson of the 29th offered the following amendment #1:
Amend HB 1283 (LC 48 1779S) by replacing lines 1 and 2 with the following:
To amend Chapter 13 of Title 19 and Title 17 of the Official Code of Georgia Annotated,
relating to family violence and criminal procedure, respectively, so as to authorize the
creation of
By replacing lines 218 through the end with the following:
SECTION 2.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is
amended in Code Section 17-5-71, relating to preservation of evidence, by revising
subsection (b) as follows:
"(b) If the victim chooses not to report the alleged sexual assault to law enforcement at the
time of evidence collection, the law enforcement agency with jurisdiction shall maintain
any physical evidence collected as a result of such alleged sexual assault that contains
biological material, including, but not limited to, stains, fluids, or hair samples that relate
to the identity of the perpetrator of the alleged sexual assault, for <del>not less than 12 months
</del> <ins>30 years</ins> from the date any such physical evidence is collected."
SECTION 3.
Said title is further amended in Code Section 17-16-2, relating to applicability of article in
felony cases, by adding a new subsection to read as follows:
<ins>(d.1) For purposes of this article, any records, reports, notes, data, or other materials
created, received, or maintained solely by a partner or participating agency within a Family
</ins>
<ins>Justice Center established pursuant to Article 5 of Chapter 13 of Title 19 shall not be
deemed to be in the possession, custody, or control of the state or prosecution or any law
enforcement agency as defined in Code Section 35-3-30 based only on the co-location of
such partner or participating agency in a facility with a prosecuting attorney or law
enforcement agency."
</ins> SECTION 4.
Said title is further amended by revising Code Section 17-16-20, relating to applicability of
article in misdemeanor cases, as follows:
"17-16-20.
<ins>(a)</ins> The provisions of this article shall apply only to misdemeanor cases or to felony cases
docketed, indicted, or in which an accusation was returned prior to January 1, 1995, if the
prosecuting attorney and the defendant do not agree in writing that the provisions of Article
1 of this chapter shall apply.
<ins>(b) For purposes of this article, any records, reports, notes, data, or other materials created,
received, or maintained solely by a partner or participating agency within a Family Justice
Center established pursuant to Article 5 of Chapter 13 of Title 19 shall not be deemed to
be in the possession, custody, or control of the state or prosecution or any law enforcement
agency as defined in Code Section 35-3-30 based only on the co-location of such partner
or participating agency in a facility with a prosecuting attorney or law enforcement
agency."
</ins> SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.