SB564: SB564 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), if a sexual assault victim chooses not to report the crime to police at the time evidence is collected, the law enforcement agency that would have jurisdiction must still hold onto any physical evidence containing biological material, such as stains, fluids, or hair samples tied to the identity of the perpetrator, for at least 12 months. This bill would extend that minimum retention period to two years. It changes only this one subsection of the law and does not alter any other part of Georgia's sexual assault evidence rules. The bill contains no stated effective date beyond the standard process, and it repeals any conflicting laws.

• Extends the minimum time law enforcement must preserve unreported sexual assault evidence from 12 months to two years.
• Applies specifically to cases where the victim has not yet reported the assault to police at the time evidence was collected.
• Covers physical evidence containing biological material, including stains, fluids, or hair samples linked to a perpetrator's identity.
• Repeals any existing Georgia laws that conflict with this new retention period.

Sexual assault survivors who have not yet reported to police, and the law enforcement agencies responsible for storing their evidence (often called rape kits) once collected by medical or forensic personnel.

Victims who are not ready to report an assault right away would have more time, a full extra year, to decide whether to come forward before their evidence could be discarded, potentially preserving their option to pursue a case later.

• Section 1 amends O.C.G.A. § 17-5-71(b) to change the minimum evidence retention period from 12 months to two years for unreported sexual assault cases.
• Section 1 keeps the existing requirement that the law enforcement agency with jurisdiction is responsible for maintaining the evidence.
• Section 1 retains the existing definition of covered evidence as physical evidence containing biological material relating to the perpetrator's identity.
• Section 2 repeals any conflicting Georgia laws.

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
• victim rights
• criminal justice