HB 626: Criminal procedure; extend retention period of evidence of sexual assault when victim elects not to immediately report assault

Under current Georgia law (O.C.G.A. § 17-5-71), if a sexual assault victim has evidence collected but decides not to report the crime to law enforcement right away, the agency holding that evidence only has to keep it for at least 12 months. This bill, named the 'Stephanie Colquitt-Shurman Act of 2026,' would extend that mandatory retention period to 30 years from the date the evidence is collected. The evidence covered includes physical material containing biological evidence, such as stains, fluids, or hair samples that could help identify a perpetrator. The bill does not change what happens to evidence when a victim reports right away; it only affects the retention rule for evidence tied to unreported assaults. The bill also repeals any conflicting laws.

• Extends the mandatory retention period for sexual assault evidence from at least 12 months to 30 years when the victim has not reported the assault to police.
• Applies specifically to physical evidence containing biological material, including stains, fluids, or hair samples linked to identifying a perpetrator.
• Names the bill the 'Stephanie Colquitt-Shurman Act of 2026' as its official short title.
• Repeals any existing state laws that conflict with the new retention requirement.

Sexual assault survivors who choose to delay or forgo reporting to police, and the law enforcement agencies across Georgia that collect and store biological evidence from sexual assault cases, since they would need to retain that evidence for decades instead of one year.

Survivors who are not ready to report an assault right away would have far more time, up to 30 years, to change their mind and pursue a criminal case backed by preserved biological evidence, rather than losing that evidence after just one year under current law.

• Section 1 gives the bill the short title 'Stephanie Colquitt-Shurman Act of 2026.'
• Section 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, for cases where the victim did not report the assault at the time evidence was collected.
• Section 3 repeals any conflicting laws.

1. 2026-03-04House Postponed (House)
2. 2026-03-03House Postponed (House)
3. 2026-02-24House Committee Favorably Reported By Substitute (House)
4. 2025-04-04House Withdrawn, Recommitted (House)
5. 2025-03-04House Committee Favorably Reported By Substitute (House)
6. 2025-02-28House Second Readers (House)
7. 2025-02-27House First Readers (House)
8. 2025-02-26House Hopper (House)

• Karen Lupton (D, HD-083)Primary sponsor
• Scott Holcomb (D, HD-101)
• Karen Mathiak (R, HD-082)
• Matt Dubnik (R, HD-029)
• Marvin Lim (D, HD-098)

• sexual assault evidence
• criminal procedure
• victims' rights
• law enforcement policy