House Bill 1297

Chairman: David Ralston

Committee: Judiciary Non-Civil

House Sponsor: Robert Mumford

Chairman Ralston’s opinion of this legislation:

This bill provides that a victim has the right to a forensic medical examination regardless of whether the victim participates in the criminal justice system or cooperates with law enforcement in pursuing prosecution of the underlying crime. The victim will not be required to bear any cost of a forensic medical examination, the entire cost being  paid for by the investigating law enforcement agency. A victim cannot be required to take a polygraph in order for allegations to be investigated. HB 1297 also requires that the evidence be maintained by the investigating law enforcement agency for ten years, regardless of whether the incident is prosecuted. These procedural changes are being made to bring Georgia law into compliance with federal law. Georgia will continue to receive approximately 3 million dollars in annual federal grant funds.

This bill comes to the House Floor under the Modified Structured Rule.

Further Action

The Senate Substitute made changes to provisions dealing with the agency's failure to follow protocol (p. 2, l. 6); evidence of sex crimes (p 2, l 8); and removes a section about evidence of alleged sexual assault (p. 3, l. 8). These changes were made at the request of the house sponsor. The House agreed to the Senate Substitute.