17-21-3. Review of cold case murders; reinvestigation; procedures; funding.

The head of an agency or his or her designee shall review the case file regarding a cold case murder upon written application by one designated person to determine if a full reinvestigation would result in:#

1. (1)

   The identification of probative investigative leads; or#

2. (2)

   A likely perpetrator.#

The review conducted under subsection (a) of this Code section shall include:#

1. (1)

   An analysis of what investigative procedures may have been missed in the initial investigation;#

2. (2)

   An assessment of whether witnesses should be interviewed or reinterviewed;#

3. (3)

   An examination of physical evidence to see if all appropriate forensic testing and analysis was performed in the first instance or if additional testing might produce information relevant to the investigation; and#

4. (4)

   An update of the case file using the most current investigative standards as of the date of the review to the extent it would help develop probative leads.#

1. (1)

   The agency shall conduct a full reinvestigation of the cold case murder at issue if in the agency’s sole discretion the review of the case file concludes that a full reinvestigation of such cold case murder would result in additional, previously unidentified, probative leads or a likely perpetrator.#

2. (2)

   A full reinvestigation shall include reviewing all evidence and analyzing those items which may contain forensic value collected in the cold case murder at issue for the purpose of developing probative leads or a likely perpetrator.#

3. (3)

   The conclusion of a review of a cold case file conducted by the Georgia Bureau of Investigation under this Code section is subject to judicial review in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” Any result following the conclusion of the reinvestigation of a cold case by any sheriff or police department shall not be subject to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”.#

1. (1)

   A reinvestigation required under subsection (c) of this Code section shall not be solely conducted by a person who previously investigated the homicide at issue.#

2. (2)

   Only one full reinvestigation shall be undertaken at any one time with respect to the same victim.#

3. (3)

   If a full reinvestigation of a cold case murder is completed and a likely perpetrator is not identified at its conclusion, no additional case file review or full reinvestigation shall be undertaken with regard to that cold case murder for a period of five years beginning on the date of the conclusion of the reinvestigation, unless there is newly discovered, materially significant evidence.#

1. (1)

   Each agency shall develop a written application to be used by a designated person to request a case file review under subsection (a) of this Code section.#

2. (2)

   Not later than July 1, 2024, the head of each agency or his or her designee shall promulgate procedures to ensure compliance by the agency with the provisions described in this chapter.#

The agency shall provide in writing to the designated person who made the application as soon as reasonably possible confirmation of the agency’s receipt of the application. The agency’s written confirmation shall include the process to submit a complaint to and contact information for the agency’s unit responsible for internal investigations involving misconduct allegations.#

1. (1)

   In any case in which a written application for review has been received under this chapter by the investigating agency, review shall be declined where the case does not satisfy any criteria under paragraph (2) of Code Section 17-21-2 for a cold case murder.#

2. (2)

   In such a case, the head of the agency or his or her designee shall issue a written letter, with a copy provided to the designated person who made the application under paragraph (1) of this subsection, stating that final review is not necessary.#

Not later than six months after the receipt of the written application, the agency shall complete its case file review and conclude whether or not a full reinvestigation is warranted as provided in subsection (a) of this Code section.#

The agency may extend the time limit under subsection (h) of this Code section once for a period of time not to exceed six months if the agency makes a finding that the number of case files to be reviewed make it impracticable to comply with such limit without unreasonably taking resources from other law enforcement activities. For cases for which the time limit is extended, the agency shall provide notice and an explanation of its reasoning to one designated person who filed the written application for review.#

The procedures promulgated under subsection (e) of this Code section shall require a course of training by an instructor certified by the Georgia Peace Officer Standards and Training Council as provided in Code Section 35-8-8 for appropriate employees and officers within the agency regarding the procedures, responsibilities, and obligations required under this chapter.#

The Carl Vinson Institute of Government of the University of Georgia shall establish and maintain a case tracking system and searchable public website that includes the following information about cold case murder investigations provided under this chapter:#

1. (1)

   The number of written applications filed with the agency as provided in subsection (e) of this Code section;#

2. (2)

   The number of extensions granted and an explanation of reasons provided under subsection (i) of this Code section;#

3. (3)

   The number of full reinvestigations initiated and closed as provided in subsection (h) of this Code section; and#

4. (4)

   Statistical information on the aggregate number of cold cases, suspects, arrests, indictments, and convictions.#

1. (1)

   If more than one agency conducted the initial investigation of a cold case murder, each agency shall coordinate their case file review or full reinvestigation such that there is only one joint case file review or full reinvestigation occurring at a time as provided in paragraph (2) of subsection (d) of this Code section.#

2. (2)

   If more than one agency conducted the initial investigation of a cold case murder, if any involved agency conducts a full reinvestigation and a likely perpetrator is not identified at its conclusion, no additional case file review or full reinvestigation is required to be undertaken with regard to that cold case murder for a period of five years by any involved agency beginning on the date of the conclusion of the reinvestigation, unless there is newly discovered, materially significant evidence.#

The provisions of this chapter are subject to the availability of funds specifically appropriated by the General Assembly, or other relevant political subdivision of the state, for this purpose, for all costs incurred by state and local authorities.#