Examination of Sexual Assault Victims; Reports

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  5. Examination of Sexual Assault Victims; Reports

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  1. As used in this Code section, the term:
    1. "Division" means the Division of Forensic Sciences of the Georgia Bureau of Investigation.
    2. "Medical examination" means an examination pursuant to subsection (c) of Code Section 16-6-1 or subsection (c) of Code Section 16-6-2.
  2. When a forensic medical examination is performed, evidence is collected, and the alleged victim has requested that law enforcement officials be notified, the individual performing such exam, or his or her designee, shall notify the appropriate law enforcement agency of the collection of such evidence and provide a summary of all rights guaranteed to the alleged victim pursuant to the Crime Victims' Bill of Rights established pursuant to Code Section 17-17-1, et seq., as provided by the Criminal Justice Coordinating Council. At the time of the examination, no alleged victim shall be required to assign or waive any rights afforded to him or her in the Crime Victims' Bill of Rights or that might prevent the alleged victim from seeking relief from the Crime Victims Compensation Board. Law enforcement officials shall take possession of such evidence no later than 96 hours of being notified.
  3. It shall be the duty of every law enforcement officer who takes possession of the evidence as provided in subsection (b) of this Code section to ensure that such evidence is submitted to the division within 30 days of it being collected, in accordance with the procedures established by the division.
  4. When a forensic medical examination was performed before July 1, 2016, evidence was collected, and the alleged victim requested that law enforcement officials be notified, the individual who performed such exam, or his or her designee, shall notify the appropriate law enforcement agency of the collection of such evidence on or before July 15, 2016, and law enforcement officials shall take possession of such evidence on or before July 31, 2016. It shall be the duty of every law enforcement officer who takes possession of the evidence as provided in this Code section to ensure that such evidence is submitted to the division by August 31, 2016, in accordance with the procedures established by the division.
  5. It shall be the duty of every law enforcement agency to create a list of evidence resulting from a forensic medical examination that is in such agency's possession on August 1, 2016, identifying such evidence as needing to be tested and submitting such listing of information to the division by August 15, 2016.
  6. A failure to comply with the provisions of this Code section shall not affect the admissibility of evidence collected from a forensic medical examination.
  7. Beginning December 1, 2016, the division shall issue an annual report detailing the number of cases for which it has tested evidence pursuant to this Code section and the number of cases that are awaiting testing. Such report shall be provided to the executive counsel of the Governor, the Speaker of the House of Representatives, the Lieutenant Governor, the members of the House Committee on Judiciary, Non-civil, the members of the Senate Judiciary Committee, the House Committee on Health and Human Services, and the Senate Health and Human Services Committee and posted online at the Georgia Bureau of Investigation's website.

(Code 1981, §35-1-2, enacted by Ga. L. 2016, p. 145, § 2/SB 304; Ga. L. 2017, p. 774, § 35/HB 323.)

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted "afforded to him or her" for "afforded to them" near the end of subsection (b); and substituted "Senate Judiciary Committee" for "Senate Judiciary, Non-civil Committee" in the middle of the second sentence of subsection (g).

Cross references.

- Sexual assault protocol, T. 15, C. 24.

Sexual offense, T. 16, C. 6.

Editor's notes.

- Former Code Section 35-1-2, pertaining to passenger motor vehicle for warden of Georgia State Prison, was repealed by Ga. L. 2007, p. 114, § 1, effective July 1, 2007. The former Code section was based on Ga. L. 1937, p. 322, art. 2, § 13; Ga. L. 1952, p. 3, § 1.

Ga. L. 2016, p. 145, § 1/SB 304, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Compassionate Care for Victims of Sexual Assault Act.'"


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