SB 564: Sexual Assault; the maintenance of physical evidence collected from an alleged sexual assault; extend

Under current Georgia law (O.C.G.A. § 17-5-71), when a sexual assault victim chooses not to report the crime to police right away, the law enforcement agency that would have jurisdiction must still hold onto any physical evidence collected, such as biological material, stains, fluids, or hair samples tied to the alleged perpetrator's identity. That evidence currently only has to be kept for 12 months from the date it was collected. This bill extends that minimum retention period to two years. It does not change any other part of the evidence preservation law, including what counts as evidence or how it must be stored. The change applies to evidence collected after the bill takes effect, giving victims a longer window to come forward and have that evidence still available if they later decide to pursue a criminal report.

• Extends the minimum time law enforcement agencies must preserve physical evidence from an unreported alleged sexual assault from 12 months to two years.
• Applies specifically to evidence containing biological material, such as stains, fluids, or hair samples, that could identify the alleged perpetrator.
• Leaves all other requirements in Georgia's sexual assault evidence preservation law (O.C.G.A. § 17-5-71) unchanged.
• Repeals any existing state laws that conflict with the new two-year retention requirement.

Survivors of sexual assault who have not yet reported the crime to police, and the local law enforcement agencies responsible for collecting and storing forensic evidence such as rape kits until a victim decides whether to file a report.

Victims sometimes need more than a year to decide whether to report a sexual assault. By requiring evidence to be kept for two years instead of one, the bill gives victims a longer window to come forward while forensic evidence linked to a possible perpetrator is still preserved and available.

• Section 1 amends O.C.G.A. § 17-5-71(b) to change the minimum evidence retention period for unreported sexual assaults from 12 months to two years.
• The retention requirement applies only when the victim has not reported the assault to law enforcement at the time evidence was collected.
• Covered evidence includes physical material containing biological samples, such as stains, fluids, or hair, relevant to identifying the alleged perpetrator.
• Section 2 repeals any conflicting state laws, a standard clause with no substantive effect beyond aligning existing law with the new deadline.

1. 2026-02-25Senate Read and Referred (Senate)
2. 2026-02-24Senate Hopper (Senate)

• Randal Mangham (D, SD-055)Primary sponsor
• Kenya Wicks (D, SD-034)
• RaShaun Kemp (D, SD-038)
• Harold Jones (D, SD-022)

• sexual assault evidence
• rape kits
• law enforcement procedures
• victims' rights
• criminal justice