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

26 LC 44 3547S The Senate Committee on Judiciary offered the following substitute to HB 1432: A BILL TO BE ENTITLED AN ACT To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure,1 so as to extend the retention period of evidence of sexual assault when the victim chooses not2 to immediately report the assault; to provide for a short title; to provide for vacancies on the3 legislative oversight committee; to provide for a penalty for f ailure by the council to4 cooperate with the committee; to provide for related matters; to provide for effective dates;5 to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 PART I8 SECTION 1-1.9 This part shall be known and may be cited as the "Stephanie Colquitt-Shurman Act of 2026."10 SECTION 1-2.11 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is12 amended in Code Section 17-5-71, relating to preservation of ev idence, by revising13 subsection (b) as follows:14 - 1 - 26 LC 44 3547S "(b) If the victim chooses not to report the alleged sexual assault to law enforcement at the15 time of evidence collection, the law enforcement agency with jurisdiction shall maintain16 any physical evidence collected as a result of such alleged sex ual assault that contains17 biological material, including, but not limited to, stains, fluids, or hair samples that relate18 to the identity of the perpetrator of the alleged sexual assault, for not less than 12 months19 30 years from the date any such physical evidence is collected."20 PART II21 SECTION 2-1.22 Said title is further amended by revising Code Section 17-12-10 .1, relating to legislative23 oversight committee created, membership, and audits, as follows:24 "17-12-10.1.25 (a)(1) There is created the Legislative Oversight Committee for the Georgia Public26 Defender Council which shall be composed of eight persons: three members of the House27 of Representatives appointed by the Speaker of the House of Rep resentatives, three28 members of the Senate appointed by the Senate Committee on Assi gnments or such29 person or entity as established by Senate rule, and one member of the House of30 Representatives and one member of the Senate appointed by the Governor. The members31 of such committee shall be selected within ten days after the c onvening of the General32 Assembly in each odd-numbered year and shall serve until their successors are appointed.33 (2) Any vacancy in such committee due to death, resignation, i neligibility, recall, or34 other reason shall be filled in the same manner as the original appointment. A member's35 termination of the chairmanshi p of any standing committee or ce asing to qualify for36 membership on the Legislative Services Committee shall also constitute a vacancy.37 (b) The Speaker of the House of Representatives shall appoint a member of such38 committee to serve as chairperson, and the Senate Committee on Assignments or such39 - 2 - 26 LC 44 3547S person or entity as established by Senate rule shall appoint one member of the committee40 to serve as vice chairperson during each even-numbered year. The Senate Committee on41 Assignments or such person or entity as established by Senate rule shall appoint a member42 of such committee to serve as chairperson, and the Speaker of the House of Representatives43 shall appoint one member to serve as vice chairperson during ea ch odd-numbered year. 44 Such committee shall meet at least once each year and, upon the call of the chairperson, at45 such additional times as deemed necessary by the chairperson.46 (c) It shall be the duty of such committee to review and evaluate:47 (1) Information on new programs submitted by the council;48 (2) Information on policies proposed by the council;49 (3) The strategic plans for the council;50 (4) Program evaluation reports and budget recommendations of the council;51 (5) The fiscal impact of fees and fines on counties;52 (6) The reports submitted pursuant to Code Section 15-21A-7 in order to identify, among53 other things, opportunities to reduce or consolidate fees, fines, and surcharges; and54 (7) Such other information or reports as deemed necessary by such committee.55 (d) It shall be unlawful for the The council and or director shall to fail to cooperate with56 such committee and provide such information or reports as requested by the committee for57 the performance of its functions.58 (e) The council shall submit its budget estimate to the director of the Office of Planning59 and Budget in accordance with subsection (a) of Code Section 45-12-78.60 (f) The members of such committee shall receive the allowances authorized for legislative61 members of legislative committees. The funds necessary to pay such allowances shall62 come from funds appropriated to the House of Representatives and the Senate.63 (g) The legislative oversight committee shall be authorized to request that a performance64 audit of the council be conducted."65 - 3 - 26 LC 44 3547S PART III66 SECTION 3-1.67 (a) Except as provided in subsection (b) of this section, this Act shall become effective upon68 its approval by the Governor or upon its becoming law without such approval.69 (b) Part I of this Act shall become effective on July 1, 2026.70 SECTION 3-2.71 All laws and parts of laws in conflict with this Act are repealed.72 - 4 -