Georgia CommonsHouse · Engrossed · 2025-2026 Regular Session
HB 1432: Georgia Public Defender Council; provide for vacancies on the legislative oversight committee
Last action March 25, 2026 · Senate Read Second Time
A Georgia Senate substitute for HB 1432 would extend how long police must keep sexual assault evidence when a victim delays reporting, from 12 months to 30 years, and add rules for filling vacancies on the legislative committee that oversees the Georgia Public Defender Council.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.
In plain language
Under current Georgia law, when a sexual assault victim chooses not to immediately report the crime, law enforcement must preserve biological evidence such as fluids, stains, or hair samples for at least 12 months. This bill, named the Stephanie Colquitt-Shurman Act of 2026, extends that retention period to 30 years, giving victims much more time to decide whether to pursue a case before evidence could be destroyed. The bill also rewrites the law governing the Legislative Oversight Committee for the Georgia Public Defender Council (O.C.G.A. § 17-12-10.1). It adds a process for filling vacancies on the eight-member committee, including when a member loses a chairmanship or committee membership that qualified them for the seat. It also makes it unlawful for the council or its director to refuse to cooperate with the committee's information requests. The evidence-retention change takes effect July 1, 2026, while the committee changes take effect once the Governor signs the bill or it becomes law without signature.
What the bill does
- Extends the required retention period for unreported sexual assault evidence from 12 months to 30 years, giving victims more time before evidence could be discarded.
- Names this evidence-retention change the 'Stephanie Colquitt-Shurman Act of 2026.'
- Adds a formal process for filling vacancies on the Legislative Oversight Committee for the Georgia Public Defender Council, including vacancies caused by death, resignation, or loss of qualifying committee status.
- Makes it unlawful for the Georgia Public Defender Council or its director to fail to cooperate with the legislative oversight committee's requests for information.
- Sets different effective dates: the evidence retention change starts July 1, 2026, while the committee changes start once the Governor signs the bill.
Who it affects
Sexual assault victims and survivors, local law enforcement agencies that store forensic evidence, the Georgia Public Defender Council and its director, and the House and Senate members who serve on the council's legislative oversight committee.
Why it matters
Victims who are not ready to report an assault right away would have decades, rather than one year, to change their minds before evidence is destroyed, potentially preserving cases that would otherwise be lost. Separately, the public defender council would face a clearer legal duty to share information with legislative overseers.
Key provisions
- Section 1-1 gives Part I the short title 'Stephanie Colquitt-Shurman Act of 2026.'
- Section 1-2 amends O.C.G.A. § 17-5-71(b) to change the required evidence retention period from not less than 12 months to 30 years from the date of collection.
- Section 2-1 amends O.C.G.A. § 17-12-10.1 to add subsection (a)(2), specifying that committee vacancies are filled the same way as the original appointment and that losing a qualifying committee role counts as a vacancy.
- Section 2-1 also revises subsection (d) to make it unlawful for the council or director to fail to cooperate with the oversight committee's information requests.
- Section 3-1 sets the evidence-retention change (Part I) to take effect July 1, 2026, while the rest of the Act takes effect upon the Governor's approval or becoming law without signature.
- Section 3-2 repeals any conflicting laws.
From the bill
“Any vacancy in such committee due to death, resignation, ineligibility, recall, or other reason shall be filled in the same manner as the original appointment.”
Discussed in meetings (10)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Judiciary Non-Civil Committee, March 2, 2026
From 0:55:04 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1432 would allow vacancies on the legislative public-defender oversight committee to be filled outside the existing appointment window and make failure to cooperate with that committee unlawful. Asked about penalties, the sponsor said noncooperation would be a misdemeanor. The chairperson of the Georgia Public Defender Standards Council did not oppose the vacancy provision but objected to the penalty language. That witness argued that cooperation was undefined, disclosure requests could conflict with attorney-client confidentiality, and criminal liability could discourage volunteer service. The committee chair cited concerns about public-defense services and the department's responsiveness. The sponsor responded that cooperation was already required and the proposal would add a penalty to enforce that duty. The committee adopted an amendment changing the reference to the council and director to the council or director, then approved the proposal as amended by voice vote and sent it to Rules.
House floor session, March 4, 2026 (legislative day 27, PM, part 1)
From 2:25:31 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1899
Summary by Georgia Commons: The sponsor said the bill would establish a way to fill vacancies on the legislative committee overseeing the Georgia Public Defender Council, which the sponsor said current law lacks. The sponsor also said it would make failure by the council or its director to cooperate with the oversight committee unlawful. No questions were asked. The House adopted the committee substitute and passed the bill 168-1.
House Rules Committee, March 4, 2026
From 0:36:11 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1881
Summary by Georgia Commons: The committee added HB 1432 to the day's supplemental calendar under modified structured rules without stated opposition. No provisions were discussed.
Senate Judiciary Committee, March 23, 2026
From 2:00:23 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1432 would provide a way to fill vacancies on the Georgia Public Defender Council's legislative oversight committee and make failure by the council or director to cooperate unlawful. The sponsor said the substitute also would extend rape-kit retention from 12 months to 30 years to preserve evidence for future use. Asked about the oversight committee's inactivity, the sponsor said the goal was to revive it. The council's general counsel supported filling vacancies, saying only three of eight seats had been occupied since 2020. The witness opposed replacing the existing cooperation requirement with language declaring noncooperation unlawful, arguing that current law already requires cooperation and that the change could appear to compel disclosure of attorney-client information. The witness requested removal of that language. The sponsor responded that obtaining information for budget oversight had been difficult and argued that stronger accountability was needed. The sponsor said ethically protected information should not lead to a conviction for noncooperation. No amendment removing the disputed language was adopted. The committee unanimously approved the substitute.
Senate Rules Committee, March 30, 2026
From 0:46:09 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1432 addressed vacancies on the legislative oversight body for the Georgia Public Defender Council. The sponsor also said it included a requirement to retain rape kits for 30 years. Members asked for the number to be repeated. It was not included in the final calendar.
- Read aloud: House floor session, February 25, 2026 (legislative day 24), 0:26:10
- Read aloud: House floor session, February 26, 2026 (legislative day 25, AM), 1:00:14
- Read aloud: House floor session, March 3, 2026 (legislative day 26, AM), 0:51:49
- Read aloud: Senate floor session, March 6, 2026 (legislative day 28, part 1), 0:41:28
- Read aloud: Senate floor session, March 25, 2026 (legislative day 37), 0:35:04
Status timeline
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted By Substitute (House)
- House Third Readers (House)
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
Show full history (9 actions)
- House Hopper (House)
Sponsors
- Joseph Gullett (R, HD-19)
- Sam Park (D, HD-107)
- James Burchett (R, HD-176)
- Stacey Evans (D, HD-57)
- Stan Gunter (R, HD-8)
- Blake Tillery (R, SD-19)
Votes
- House voteMarch 4, 2026
168 yea, 1 nay (1 not voting, 7 excused)
Topics
- sexual assault evidence
- criminal justice
- public defenders
- legislative oversight
- victims rights