---
title: O.C.G.A. § 17-5-56. Maintenance of physical evidence containing biological material.
collection: code
id: 17-5-56
cite_as: O.C.G.A. § 17-5-56 (2025)
canonical_url: https://georgiacommons.org/code/17-5-56
md_url: https://georgiacommons.org/code/17-5-56.md
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source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t17-(v15)-2020-pdf.pdf?sfvrsn=8c04ccfe_0#page=345
date: 2025
status: active
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heading_path: CRIMINAL PROCEDURE / SEARCHES AND SEIZURES / DISPOSITION OF PROPERTY SEIZED
---

# O.C.G.A. § 17-5-56. Maintenance of physical evidence containing biological material.

(a) Except as otherwise provided in Code Section 17-5-55, on or after May 27, 2003, governmental entities in possession of any physical evidence in a criminal case, including, but not limited to, a law enforcement agency or a prosecuting attorney, shall maintain any physical evidence collected at the time of the crime that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the crime as provided in this Code section. Biological samples collected directly from any person for use as reference materials for testing or collected for the purpose of drug or alcohol testing shall not be preserved.

(b) In a case in which the death penalty is imposed, the evidence shall be maintained until the sentence in the case has been carried out. Evidence in all felony cases that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the crime shall be maintained for the period of time that the crime remains unsolved or until the sentence in the case is completed, whichever occurs last.

## History

Code 1981, § 17-5-56, enacted by Ga. L. 2003, p. 247, § 3; Ga. L. 2008, p. 486, § 2/HB 1297; Ga. L. 2011, p. 264, § 1-3/SB 80.

## Editor's Notes

Ga. L. 2011, p. 264, § 1-1/SB 80, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Johnia Berry Act.’’’

## Law Reviews

For annual survey on criminal law, see 64 Mercer L. Rev. 83 (2012).

For note on the 2003 enactment of this Code section, see 20 Ga. St. U.L. Rev. 119 (2003).