HB1397: HB1397 Criminal procedure; implied consent to a drug facilitated sexual assault examination for unconscious victims of alleged sexual assault; provide

26 LC 49 2769S 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 Cod e of Georgia Annotated,1 relating to investigating sexual assault, so as to provide for implied consent to a forensic2 medical examination and a drug facilitated sexual assault exami nation for unconscious3 victims of alleged sexual assault; to provide for circumstances; to provide for evidence; to4 provide for a definition; to provide for rel ated matters; to repeal conflicting laws; and for5 other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Article 4 of Chapter 5 of Title 17 of the Official Code of Geor gia Annotated, relating to9 investigating sexual assault, is amended by revising Code Secti on 17-5-70, relating to10 definitions, as follows:11 "17-5-70.12 As used in this article, the term:13 (1) 'Drug facilitated sexual assault examination' means a labo ratory test designed to14 identify the presence or absence of common drug classes known t o be used in cases of15 sexual assault and would include a specialized toxicology screen, typically using blood16 H. B. 1397 (SUB) - 1 - 26 LC 49 2769S and urine, to detect substances that could compromise an individual's ability to consent17 to sexual activity.18 (1)(2) 'Forensic medical examination' means an examination by a health care provider19 of a person who is a victim of a sexual assault. Such examination shall include a physical20 examination, documentation of biological and physi cal findings, and collection of21 physical evidence from the victim.22 (2)(3) 'Investigating law enforcement agency' means the law enforcem ent agency23 responsible for the investigation of the alleged sexual assault.24 (3)(4) 'Sexual assault' means rape, sodomy, aggravated sodomy, statu tory rape, child25 molestation, aggravated child molestation, sexual assault again st a person in custody,26 sexual assault against a person detained in a hospital or other institution, sexual assault27 by a practitioner of psychotherapy against a patient, incest, bestiality, sexual battery, and28 aggravated sexual battery as those terms and offenses are set f orth and defined in29 Chapter 6 of Title 16."30 SECTION 2.31 Said article is further amended by revising Code Section 17-5-72, relating to the right to free32 forensic medical examination, as follows:33 "17-5-72.34 A victim shall have the right to have a forensic medical examination or a drug facilitated35 sexual assault examination regardless of whether the victim participates in the criminal36 justice system or cooperates with law enforcement in pursuing p rosecution of the37 underlying crime. A victim shall not be required to pay, directly or indirectly, for the cost38 of a forensic medical examination. The cost of a forensic medi cal examination shall be39 paid for by the Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of40 this title."41 H. B. 1397 (SUB) - 2 - 26 LC 49 2769S SECTION 3.42 Said article is further amended by adding a new Code section to read as follows:43 "17-5-75.44 (a) A licensed hospital or licensed healthcare practitioner may perform a forensic medical45 examination in accordance with the provisions of this Code section when:46 (1) A reasonable licensed healthcare practitioner believes a suspected victim of sexual47 assault to be incapacitated; and48 (2) Exigent circumstances justify conducting such an examination.49 (b) When a forensic medical examination is performed by a licensed hospital or licensed50 healthcare practitioner, a drug facilitated sexual assault examination shall be performed on51 any evidence retrieved from such examination.52 (c) Any person who has received a forensic medical examination performed pursuant to53 this Code section shall not be arrested, charged, or prosecuted for any criminal violation54 if the evidence for the arrest, charge, or prosecution of such violation resulted solely from55 such person receiving such an examination."56 SECTION 4.57 All laws and parts of laws in conflict with this Act are repealed.58 H. B. 1397 (SUB) - 3 -