HB1432: HB1432 Georgia Public Defender Council; provide for vacancies on the legislative oversight committee

This bill combines two unrelated changes to Georgia law. Part I, called the Stephanie Colquitt-Shurman Act of 2026, amends Georgia's evidence preservation law (O.C.G.A. § 17-5-71) so that when a sexual assault victim chooses not to immediately report the crime to police, the law enforcement agency holding the physical evidence, such as biological samples, must keep it for at least 30 years instead of the current 12 months. This part takes effect July 1, 2026. Part II rewrites the law governing the Legislative Oversight Committee for the Georgia Public Defender Council (O.C.G.A. § 17-12-10.1). It adds a specific process for filling vacancies on the eight-member committee, matching how the original appointment was made, and says losing a relevant committee chairmanship or seat also counts as a vacancy. It also revises the cooperation requirement so that it is unlawful for the council or its director to fail to cooperate with the committee's information requests. This part and the rest of the Act take effect when the Governor signs it or it otherwise becomes law.

• Extends the minimum retention period for physical sexual assault evidence, when a victim delays reporting, from 12 months to 30 years under O.C.G.A. § 17-5-71.
• Names Part I of the bill the 'Stephanie Colquitt-Shurman Act of 2026.'
• Adds a defined process for filling vacancies on the eight-member Legislative Oversight Committee for the Georgia Public Defender Council, matching the original appointment method.
• Specifies that losing the chairmanship of a standing committee or losing a seat on the Legislative Services Committee also creates a vacancy on the oversight committee.
• Makes it unlawful for the Georgia Public Defender Council or its director to fail to cooperate with the oversight committee's requests for information or reports.
• Sets July 1, 2026 as the effective date for the evidence-retention change, while the rest of the Act takes effect upon the Governor's signature.

Sexual assault survivors and the law enforcement agencies that store their forensic evidence, members of the House and Senate serving on the Legislative Oversight Committee for the Georgia Public Defender Council, and the Georgia Public Defender Council and its director, who must respond to that committee's oversight requests.

Victims who are not ready to report an assault right away would have far more time, 30 years instead of one, before their evidence could be discarded, preserving options for future prosecution. Separately, clearer vacancy rules and a stated penalty for non-cooperation could make legislative oversight of Georgia's public defender system more consistent.

• Section 1-1 titles Part I the 'Stephanie Colquitt-Shurman Act of 2026.'
• Section 1-2 revises O.C.G.A. § 17-5-71(b) to require law enforcement to keep sexual assault evidence with biological material for at least 30 years, up from 12 months, when a victim does not immediately report.
• Section 2-1 rewrites O.C.G.A. § 17-12-10.1 to add a subsection specifying that committee vacancies (from death, resignation, ineligibility, recall, or other reasons) are filled the same way as the original appointment.
• Section 2-1 also states that losing a relevant standing committee chairmanship or Legislative Services Committee seat counts as a vacancy for a member.
• Section 2-1 revises the cooperation clause so it is unlawful for the council or director to fail to cooperate with the oversight committee's information requests.
• Section 3-1 makes Part I effective July 1, 2026, with the rest of the Act effective upon the Governor's approval or becoming law without it.
• Section 3-2 repeals conflicting laws.

1. 2026-03-25Senate Read Second Time (Senate)
2. 2026-03-25Senate Committee Favorably Reported By Substitute (Senate)
3. 2026-03-06Senate Read and Referred (Senate)
4. 2026-03-04House Passed/Adopted By Substitute (House)
5. 2026-03-04House Third Readers (House)
6. 2026-03-03House Committee Favorably Reported By Substitute (House)
7. 2026-02-26House Second Readers (House)
8. 2026-02-25House First Readers (House)

• Joseph Gullett (R, HD-019)Primary sponsor
• Samuel Park (D, HD-107)
• James Burchett (R, HD-176)
• Stacey Evans (D, HD-057)
• Stan Gunter (R, HD-008)
• Blake Tillery (R, SD-019)

1. PassedHouse voteMarch 4, 2026

   168 yea, 1 nay (1 not voting, 7 absent)

   Passage: House Vote #620

• sexual assault evidence
• criminal procedure
• public defenders
• legislative oversight
• victim rights