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HB 0827 - "Pursuing Justice for Rape Victims Act"; enact

Tracking Level: Monitor
Sponsor: Holcomb, Scott 81st (D)
Last Action: 2/24/2016 - Senate Read and Referred
House Committee: JudyNC
Senate Committee: H&HS
Assigned To:
05. Superior CourtsNext Bill
Criminal Next Bill

Staff Analysis of the Legislation

            HB 827 seeks to amend Chapter 1 of Title 35 of the O.C.G.A. relating to general provisions for law enforcement officers and agencies. This Act shall be known and may be cited as the “Pursuing Justice for Rape Victims Act.”

            Code Section 35-1-2 is revised to mandate that when a forensic medical examination is performed, evidence collected, and the alleged victim has requested that law enforcement officials be notified, the individual performing the exam or the designee shall notify law enforcement. Law enforcement officials shall take possession of such evidence no later than 96 hours after being notified. The officer who takes possession of such evidence has a duty to ensure that such evidence is submitted to the division within 30 days of it being collected. When an examination was performed before July 1, 2016, the individual who performed the exam or the designee shall notify law enforcement of the collection of such evidence. The law enforcement officer must follow aforementioned guidelines and the evidence must be submitted to the division by August 31, 2016. Every law enforcement agency must create a list of evidence resulting from such examinations in the agency’s possession on August 1, 2016, identifying such evidence as needing to be tested and submitting the list to the division by August 15, 2016. Beginning December 1, 2016, the division shall issue an annual report detailing the number of cases for which it has tested evidence and the number of cases awaiting testing. 


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