---
title: SB 564. Sexual Assault; the maintenance of physical evidence collected from an alleged sexual assault; extend
collection: bills
id: 2025-2026/sb564
cite_as: SB 564, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb564
md_url: https://georgiacommons.org/bills/2025-2026/sb564.md
text_url: https://georgiacommons.org/bills/2025-2026/sb564/text
source_url: https://www.legis.ga.gov/legislation/73559
date: 2026-02-25
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/sb563.md
next: https://georgiacommons.org/bills/2025-2026/sb565.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb564.md?full=1
bill_number: SB 564
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-02-24
last_action: Senate Read and Referred
sponsors:
- Randal Mangham
- Kenya Wicks
- RaShaun Kemp
- Harold Jones
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB564/2025
upstream_id: 2123550
summaries_model: claude-sonnet-5
topic_tags:
- sexual assault evidence
- rape kits
- law enforcement procedures
- victims' rights
- criminal justice
---
# SB 564. Sexual Assault; the maintenance of physical evidence collected from an alleged sexual assault; extend
## Text
Senate Bill 564
By: Senators Mangham of the 55th, Wicks of the 34th, Kemp of the 38th and Jones II of the
22nd
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 extend the maintenance of physical evidence
collected from an alleged sexual assault; 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 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 not less than 12 months
two years from the date any such physical evidence is collected."
SECTION 2.
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 Senate bill would require law enforcement agencies to keep physical evidence from unreported sexual assaults for at least two years instead of 12 months, giving victims more time to decide whether to report.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Introduced (2026-02-24)
- Last action: Senate Read and Referred (2026-02-25)
- Sponsors: Randal Mangham, Kenya Wicks, RaShaun Kemp, Harold Jones
- Official page: https://www.legis.ga.gov/legislation/73559
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb564.md?full=1