---
title: HB 1397. Criminal procedure; implied consent to a drug facilitated sexual assault examination for unconscious victims of alleged sexual assault; provide
collection: bills
id: 2025-2026/hb1397
cite_as: HB 1397, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1397
md_url: https://georgiacommons.org/bills/2025-2026/hb1397.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1397/text
source_url: https://www.legis.ga.gov/legislation/73439
date: 2026-03-03
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb1396.md
next: https://georgiacommons.org/bills/2025-2026/hb1398.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 199
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1397.md?full=1
bill_number: HB 1397
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-19
last_action: House Committee Favorably Reported By Substitute
sponsors:
  - Sharon Cooper
  - Spencer Frye
  - Matt Reeves
  - Leesa Hagan
  - Shea Roberts
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1397/2025
upstream_id: 2120629
summaries_model: claude-sonnet-5
topic_tags:
  - sexual assault law
  - criminal procedure
  - victims' rights
  - medical consent
  - forensic evidence
---

# HB 1397. Criminal procedure; implied consent to a drug facilitated sexual assault examination for unconscious victims of alleged sexual assault; provide

## Text

The House Committee on Judiciary offers the following substitute to HB 1397:
A BILL TO BE ENTITLED
AN ACT
To amend Article 4 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated,
relating to investigating sexual assault, so as to provide for implied consent to a forensic
medical examination and a drug facilitated sexual assault examination for unconscious
victims of alleged sexual assault; to provide for circumstances; to provide for evidence; to
provide for a definition; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 4 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to
investigating sexual assault, is amended by revising Code Section 17-5-70, relating to
definitions, as follows:
"17-5-70.
As used in this article, the term:
<ins>(1) 'Drug facilitated sexual assault examination' means a laboratory test designed to
identify the presence or absence of common drug classes known to be used in cases of
sexual assault and would include a specialized toxicology screen, typically using blood
</ins>
<ins>and urine, to detect substances that could compromise an individual's ability to consent
to sexual activity.
</ins> <del>(1)(2)</del> 'Forensic medical examination' means an examination by a health care provider
of a person who is a victim of a sexual assault. Such examination shall include a physical
examination, documentation of biological and physical findings, and collection of
physical evidence from the victim.
<del>(2)(3)</del> 'Investigating law enforcement agency' means the law enforcement agency
responsible for the investigation of the alleged sexual assault.
<del>(3)(4)</del> 'Sexual assault' means rape, sodomy, aggravated sodomy, statutory rape, child
molestation, aggravated child molestation, sexual assault against a person in custody,
sexual assault against a person detained in a hospital or other institution, sexual assault
by a practitioner of psychotherapy against a patient, incest, bestiality, sexual battery, and
aggravated sexual battery as those terms and offenses are set forth and defined in
Chapter 6 of Title 16."
SECTION 2.
Said article is further amended by revising Code Section 17-5-72, relating to the right to free
forensic medical examination, as follows:
"17-5-72.
A victim shall have the right to have a forensic medical examination <ins>or a drug facilitated
sexual assault examination</ins> regardless of whether the victim participates in the criminal
justice system or cooperates with law enforcement in pursuing prosecution of the
underlying crime. A victim shall not be required to pay, directly or indirectly, for the cost
of a forensic medical examination. The cost of a forensic medical examination shall be
paid for by the Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of
this title."
SECTION 3.
Said article is further amended by adding a new Code section to read as follows:
<ins>"17-5-75.
(a) A licensed hospital or licensed healthcare practitioner may perform a forensic medical
examination in accordance with the provisions of this Code section when:
(1) A reasonable licensed healthcare practitioner believes a suspected victim of sexual
assault to be incapacitated; and
(2) Exigent circumstances justify conducting such an examination.
(b) When a forensic medical examination is performed by a licensed hospital or licensed
healthcare practitioner, a drug facilitated sexual assault examination shall be performed on
any evidence retrieved from such examination.
(c) Any person who has received a forensic medical examination performed pursuant to
this Code section shall not be arrested, charged, or prosecuted for any criminal violation
if the evidence for the arrest, charge, or prosecution of such violation resulted solely from
such person receiving such an examination."
</ins> SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

A Georgia House bill would let hospitals perform forensic medical exams, including a drug facilitated sexual assault test, on unconscious sexual assault victims without their consent when circumstances require quick action, and would protect them from prosecution based solely on that exam.

### Plain-language summary

Georgia law already gives sexual assault victims the right to a free forensic medical examination through the Georgia Crime Victims Emergency Fund. This bill adds a new category of test, the drug facilitated sexual assault examination, a toxicology screen of blood and urine that checks for drugs that could have affected a victim's ability to consent to sexual activity.
The bill also adds a new Code section (O.C.G.A. § 17-5-75) allowing a licensed hospital or health care practitioner to perform a forensic medical exam on a suspected sexual assault victim who appears incapacitated, when a reasonable practitioner believes exigent circumstances justify it, even though the victim cannot give consent in the moment. Any evidence collected must then be tested with a drug facilitated sexual assault exam. The bill also shields the victim from being arrested, charged, or prosecuted for any crime if the only evidence against them came from receiving that exam.

### What it does

- Creates a legal definition for 'drug facilitated sexual assault examination,' a toxicology test that checks blood and urine for substances that could affect a victim's ability to consent.
- Extends the existing right to a free forensic medical examination to also cover this new drug facilitated sexual assault examination.
- Allows hospitals or licensed health care practitioners to perform a forensic exam on an unconscious or incapacitated suspected sexual assault victim without their consent when exigent circumstances exist.
- Requires that any evidence collected from such an exam be tested using the drug facilitated sexual assault examination.
- Protects a person who receives this exam from arrest, charge, or prosecution if the only evidence supporting the charge came from that exam.

### Who it affects

This bill affects victims of sexual assault who are unconscious or incapacitated at the time medical care is needed, licensed hospitals and health care practitioners who perform forensic exams, law enforcement agencies investigating sexual assault cases, and the Georgia Crime Victims Emergency Fund that pays for these exams.

### Why it matters

Unconscious victims currently cannot consent to a forensic exam, which can delay evidence collection in time-sensitive sexual assault cases. This bill would let medical staff act quickly to preserve evidence and test for incapacitating drugs, while also giving victims legal protection from prosecution based only on what that exam reveals.

### Key provisions

- Section 1 rewrites the definitions in O.C.G.A. § 17-5-70 to add 'drug facilitated sexual assault examination' as a specialized toxicology screen for substances affecting consent.
- Section 2 amends O.C.G.A. § 17-5-72 so the existing right to a free forensic medical examination also covers the new drug facilitated sexual assault examination.
- Section 3 creates new Code Section 17-5-75, allowing exams without consent for incapacitated suspected victims when a licensed practitioner reasonably believes exigent circumstances justify it.
- Section 3 also requires that any evidence from such an exam be tested with a drug facilitated sexual assault examination.
- Section 3 bars arrest, charge, or prosecution of the examined person if the only evidence supporting it came solely from receiving the exam.
- Section 4 repeals any conflicting laws.

## Status

- Status: Introduced (2026-02-19)
- Last action: House Committee Favorably Reported By Substitute (2026-03-03)
- Sponsors: Sharon Cooper, Spencer Frye, Matt Reeves, Leesa Hagan, Shea Roberts
- Official page: https://www.legis.ga.gov/legislation/73439

> The history, votes, and amendments (199 characters) are at https://georgiacommons.org/bills/2025-2026/hb1397.md?full=1