Georgia Laws and Statutes

During the 2016 legislative session, GA Statute 35-1-2 passed.  This new law, which went into effect on July 1, 2016, ensures the timely collection and submission of sexual assault kits for testing for those victims who wish to proceed with a criminal justice response by reporting the sexual assault to law enforcement.  For those victims who do not wish to report their sexual assault, GA Statute 17-5-71 states that the investigating law enforcement agency must maintain custody of any physical evidence (including evidence collected in a sexual assault kit) for not less than 12 months from the date the evidence is collected. The kits collected from sexual assault victims not wishing to report the assault should not be submitted for testing.