2021 Georgia Code
Title 17 - Criminal Procedure
Chapter 5 - Searches and Seizures
Article 4 - Investigating Sexual Assault
§ 17-5-71. Preservation of Evidence

1. In cases in which the victim reports an alleged sexual assault to law enforcement, the investigating law enforcement agency shall maintain any physical evidence collected as a result of an alleged sexual assault that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of an alleged sexual assault, for 30 years from the date of arrest, or seven years from completion of sentence, whichever occurs last, and if no arrests, then for 50 years.
2. If the victim chooses not to report the alleged sexual assault to law enforcement at the time of evidence collection, the law enforcement agency with jurisdiction shall maintain any physical evidence collected as a result of such alleged sexual assault that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the alleged sexual assault, for not less than 12 months from the date any such physical evidence is collected.

(Code 1981, §17-5-71, enacted by Ga. L. 2008, p. 486, § 3/HB 1297; Ga. L. 2019, p. 721, § 1/HB 282; Ga. L. 2021, p. 567, § 3/HB 255.)

The 2019 amendment, effective July 1, 2019, in subsection (a), substituted "In cases in which the victim reports an alleged sexual assault to law enforcement" for "Except as otherwise provided in subsection (b) of this Code section or Code Section 17-5-55 or 17-5-56, on or after May 12, 2008" at the beginning, and substituted "30 years from the date of arrest, or seven years from completion of sentence, whichever occurs last, and if no arrests, then for 50 years" for "ten years after the report of the alleged sexual assault" at the end.

The 2021 amendment, effective July 1, 2021, substituted "victim chooses not to report the alleged sexual assault to law enforcement at the time of evidence collection, the law enforcement agency with jurisdiction" for "victim does not cooperate with law enforcement in the investigation or prosecution of an alleged sexual assault, the investigating law enforcement agency" near the beginning of subsection (b).

- Ga. L. 2021, p. 567, § 1/HB 255, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Sexual Assault Reform Act of 2021."'

- For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 51 (2019).