HB 518: Georgia House Bill 518 Bans At-Home Rape Kits and Establishes Sexual Assault…

What This Bill Proposed

Georgia House Bill 518 prohibits the sale of over-the-counter at-home sexual assault evidence kits, establishes a statewide tracking system managed by the Criminal Justice Coordinating Council, and creates a 13-member Forensic Medical Examination Advisory Committee to oversee forensic nurse training and standards.

Why it matters

The measure establishes criminal penalties for selling direct-to-consumer rape kits while setting mandatory deadlines for law enforcement agencies to utilize a centralized database tracking sexual assault evidence.

Background

The Criminal Justice Coordinating Council is an existing Georgia state agency tasked with various criminal justice and victim service initiatives. context
State tracking systems for sexual assault kits have been widely adopted across U.S. states to prevent backlogs and allow victims to monitor evidence testing status. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Sexual assault victims

Victims gain the ability to anonymously track the status of their sexual assault kits through a statewide tracking system.

Directly affected

Law enforcement agencies

Agencies must register for and utilize the statewide tracking system and ensure evidence is submitted for testing within 30 days.

Directly affected

Sexual assault nurse examiners

Nurses must complete approved training protocols and obtain a state certificate to practice as sexual assault nurse examiners.

Key Facts

Prohibits the sale, offering for sale, or provision of over-the-counter, at-home sexual assault evidence kits to individuals, making violations a misdemeanor punishable by a fine up to $1,000.00.
Requires the Criminal Justice Coordinating Council to create and operate a statewide sexual assault kit tracking system that allows victims to anonymously track the status of their kits.
Establishes the 13-member Forensic Medical Examination Advisory Committee appointed by the Governor, including nurses, law enforcement, prosecutors, and a victims' rights advocate.
Mandates that law enforcement officers submit collected sexual assault evidence to the Division of Forensic Sciences within 30 days of collection for testing.

Show all 8 facts

Sets initial appointment deadlines for the advisory committee no later than July 1, 2025, with initial terms beginning on the same date.
Requires sexual assault nurse examiner training providers to register and receive approval from the advisory committee starting October 1, 2025.
Mandates that all law enforcement agencies and entities having custody of sexual assault kits register for and utilize the tracking system.
Grants civil liability protection to public agencies, hospitals, and employees for releasing or failing to release tracking system information, absent gross negligence.

Frequently Asked Questions

What happens if someone sells an at-home rape kit under this bill?

Selling, offering for sale, or providing an to an individual is classified as a misdemeanor and is punishable by a fine not to exceed $1,000.00.

Who can track sexual assault kits in the new statewide system?

Medical facilities, law enforcement agencies, prosecutors, the Georgia Bureau of Investigation, and victims of sexual assault can track or receive updates regarding the status of their sexual assault kits.

Who makes up the Forensic Medical Examination Advisory Committee?

The 13-member committee is composed of the State Sexual Assault Nurse Examiner Coordinator and 12 citizens appointed by the Governor, including registered forensic nurses, nursing board and association representatives, advanced practice providers, a peace officer, a prosecutor, a GBI forensic division employee, and a victims' rights advocate.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

5 actions

Apr 4, 2025House
House Withdrawn, Recommitted
Feb 27, 2025HouseCommittee
House Committee Favorably Reported By Substitute
Feb 21, 2025House
House Second Readers
Feb 20, 2025HouseIntroduced
House First Readers
Feb 19, 2025HouseIntroduced
House Hopper

Version history & redline

2 versions on file

Comparing LC 48 1481/a → LC 56 0352S/hs

removed addedOfficial text

25 LC 48 1481 56 0352S The House Bill 518 By: Representative Holcomb of Committee on Public Safety and Homeland Security offers the 101st following substitute to HB 518: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches and seizures, so as to authorize the Criminal Justice Coordinating Council to create and operate a state-wide sexual assault kit tracking system; to provide for definitions; to provide for reporting requirements; to prohibit the sale of over-the-counter sexual assault evidence kits; to provide for violation and penalty; to provide for civil immunity for certain sexual assault forensics personnel; to provide for rules; definitions; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for the […] of 2025." SECTION 2. Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches and seizures, is amended by adding a new revising Code section Section 17-5-74, relating to read unreported sexual assault kits, definitions, state-wide tracking system, requirements, implementation, reporting, jurisdiction, liability, and regulatory authority, as follows: "17-5-75. "17-5-74. (a) For the purposes of As used in this Code section, the term: (1) 'Over-the-counter sexual assault evidence kit' means a sexual assault forensic exam kit or rape kit that: (A) Is marketed or presented as an a do-it-yourself, over-the-counter, at-home, or self-collected early evidence kit; (B) Is offered for sale or as a sample to members of the public; and (C) Purports to allow an individual to independently collect evidence of a sexual assault outside of a collecting facility. (2) 'Unreported 'Unreported' 'unreported' sexual assault kit' means a sexual assault kit collected from a victim who has consented to the collection of the sexual assault kit but […] (b) The Criminal Justice Coordinating Council shall create and operate a state-wide sexual assault kit tracking system. The council may contract with state or out-of-state nonstate entities including, but not limited to, private software and technology providers, for the creation, operation, and maintenance of the system. (c) The state-wide sexual […] law enforcement agencies, receipt and analysis at forensic laboratories, and storage and any destruction after completion of analysis; (2) Designate sexual assault kits as an unreported sexual assault kit or reported; as a reported sexual assault kit; (3) Allow medical facilities performing sexual assault forensic examinations, law enforcement agencies, prosecutors, the Division of Forensic Sciences of the Georgia 25 LC 48 148 Bureau of Investigation, and other entities having custody of sexual assault kits to update4 update and track the status and location of sexual assault kits;4 kits; (4) Allow victims of sexual assault to anonymously track or receive updates regarding4 regarding the status of their sexual assault kits; and4 and (5) Use electronic technology or technologies allowing continuous access.4 access. (d) The Criminal Justice Coordinating Council may use a phased implementation process4 process in order to launch the sexual assault kit tracking system and facilitate entry and use of the4 the system for required participants. The council may phase initial participation according to4 to region, volume, or other appropriate classifications. All law enforcement agencies and other entities having custody of sexual assault kits shall register for and utilize the system5 system in order to fully participate no later than one year following the effective date of this Code5 section. July 1, 2022. The council shall submit a report on the current status and plan for launching the5 the system, including the plan for phased implementation, to the appropriate committees of the5 the legislature and the Governor no later than January 1, 2026.5 2022. (e) The Criminal Justice Coordinating Council shall submit a report on the state-wide5 state-wide sexual assault kit tracking system to the appropriate committees of the legislature and the5 the Governor. The council shall publish the current report on its website. The first report shall5 shall be submitted on or before December 31, 2025, 2022, and subsequent reports are to be submitted5 submitted on or before December 31 of each year. Each report shall include:6 include the following: (1) The number of sexual assault kits used by collection sites to conduct forensic medical6 medical examinations of assault victims;6 victims; (2) Of the sexual assault kits used by collection sites to conduct forensic medical6 medical examinations, the number of sexual assault kits for which a sexual assault has been6 been reported to law enforcement, sorted by law enforcement agency;6 agency; (3) The average time for each law enforcement agency to collect reported sexual assault6 assault kits from collection sites;6 sites; (4) Of the sexual assault kits generated for reported cases, the number of sexual assault6 assault kits submitted to a laboratory for forensic testing; (5) Of the sexual assault kits submitted for forensic testing, the number of kits for which7 which forensic testing has been completed;7 completed; (6) The number of sexual assault kits for which a sexual assault has not been reported7 reported to law enforcement; and7 and (7) The jurisdictions in which reported sexual assault kits have not been submitted to the7 the Division of Forensic Services Sciences of the Georgia Bureau of Investigation in accordance with7 with Code Section 35-1-2.7 35-1-2. (f) For the purpose of reports submitted under subsection (e) of this Code section, a sexual7 sexual assault kit shall be assigned to the jurisdiction associated with the law enforcement agency7 assault kit.8 (g) An over-the-counter agency anticipated to receive the sexual assault evidence kit does not include a sexual assault kit8 sold or provided to law enforcement or medical personnel or a collecting facility. A person8 may not sell, offer for sale, or provide to an individual an over-the-counter otherwise having custody of the sexual assault8 evidence assault kit. A violation of this subsection is a misdemeanor punishable by fine not to8 exceed $1,000.00.8 (h) (g) Any public agency or entity, including its officials and employees, and any hospital8 hospital and its employees providing services to victims of sexual assault shall not be held civilly8 civilly liable for damages arising from any release of information or the failure to release8 release information related to the state-wide sexual assault kit tracking system, so long as the release was without gross negligence.9 (i) negligence. (h) The Criminal Justice Coordinating Council shall adopt rules as necessary to implement9 implement this Code section."9 section. (i) An over-the-counter sexual assault evidence kit does not include a sexual assault kit sold or provided to law enforcement or medical personnel or a collecting facility. A person may not sell, offer for sale, or provide to an individual an over-the-counter sexual assault evidence kit. A violation of this subsection is a misdemeanor punishable by fine not to exceed $1,000.00." SECTION 3.9 3. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and9 and agencies, is amended by revising subsections (c), (e), (f), and (g) of Code Section 35-1-2,9 35-1-2, relating to examination of sexual assault victims and reports, as follows:9 follows: "(c) It shall be the duty of every law enforcement officer who takes possession of the9 the evidence as provided in subsection (b) of this Code section to ensure that such evidence is9 is submitted to the division for testing within 30 days of it being collected, in accordance with the procedures established by the division. The division shall test evidence received in10 in compliance with this section, unless the victim requests in writing directly to the division10 division that the evidence not be tested."10 tested." "(e) It shall be the duty of every law enforcement agency to create a list of evidence10 evidence resulting from a forensic medical examination that is in such agency's possession on10 on August 1, 2016, identifying such evidence as needing to be tested and submitting such10 such listing of information to the division by August 15, 2016.10 2016. (f)(e) A failure to comply with the provisions of this Code section shall not affect the10 the admissibility of evidence collected from a forensic medical examination.10 examination. (g)(f) Beginning December 1, 2016, the division shall issue an annual report detailing the1 the number of cases for which it has tested evidence pursuant to this Code section and the1 the number of cases that are awaiting testing. Such report shall be provided to the executive1 executive counsel of the Governor, the Speaker of the House of Representatives, the Lieutenant1 Lieutenant Governor President of the Senate, the members of the House Committee on Judiciary,1 Judiciary, Non-civil,; the members of the Senate Judiciary Committee,; the House Committee on1 on Public and Community Health; and Human Services, and the Senate Health and Human1 Human Services Committee; and posted online at the Georgia Bureau of Investigation's public1 website."1 public website." SECTION 4.1 4. Said title is further amended by adding a new Code section to read as follows:1 "35-6A-18.1 follows: "35-6A-18. (a) There is created the Forensic Medical Examination Advisory Committee which shall1 shall be composed of 13 members.1 members. (b) The members of the committee shall be the State Sexual Assault Nurse Examiner1 Examiner (SANE) Coordinator and 12 other citizens of this state appointed by the Governor. Of the1 the members appointed by the Governor, four shall be registered nurses who hold board1 certification in forensic nursing, one shall be a representative from the Georgia Board of1 of Nursing, one shall be a representative from the Georgia Nurses Association, two shall be1 be licensed providers under Georgia law who are advanced practitioners, one shall be a peace1 peace officer certified by the Georgia Peace Officer Standards and Training Council, one shall1 shall be a prosecuting attorney, one shall be employed by the Division of Forensic Sciences of1 of the Georgia Bureau of Investigation, and one shall be a victims' rights advocate. The1 The Governor shall make the initial appointments not later than July 1, 2025, and shall appoint1 appoint three members for a one-year term of office, three members for two-year terms of office,1 office, three members for three-year terms of office, and three members for four-year terms of1 of office, which shall be specified in each member's appointment. Thereafter, successors shall1 shall be appointed to four-year terms of office. Vacancies shall be filled by appointment of the1 the Governor for the unexpired term. Initial terms of office shall begin on July 1, 2025.1 2025. (c) The committee shall establish by rule and regulation criteria for the SANE didactic and1 and clinical training protocols for the forensic medical examination and maintain certificates1 certificates for forensic nurses in the state. The training protocols shall be consistent with best practice1 practice as defined by the national organizations and uphold nurse practice standards as regulated1 regulated by the Georgia Board of Nursing. To receive the state certificate, the registered nurse must1 must complete a Criminal Justice Coordinating Council approved SANE didactic and clinical1 clinical training and submit the required documents required by the protocol as set forth by the1 the committee. Forensic Nurses nurses with sexual assault nurse training who begin practice in this1 this state on or after August 1, 2025, shall have until January 1, 2026, to apply for the state1 state certificate. Nurses entering the state on or after August 1, 2025, and who intend to practice1 practice as a sexual assault nurse examiner shall apply for the state certificate prior to beginning1 beginning practice as a sexual assault nurse examiner. The Victims Compensation Division of the1 the Criminal Justice Coordinating Council shall have the authority to make exceptions for any1 any reimbursement for the SANE examination by rule or regulation.1 regulation. (d) On and after July October 1, 2025, persons or organizations that provide sexual assault nurse1 nurse examiner training in this state shall register and receive approval from the State Sexual1 Assault Nurse Examiner Coordinator Forensic Medical Examination Advisory Committee prior to offering such training. Such persons or1 or organizations shall submit the locations and dates of the proposed training and the training1 training content for all adult/adolescent and pediatric didactic and clinical training for approval by1 by the State Sexual Assault Nurse Examiner Coordinator. Forensic Medical Examination Advisory Committee. Such persons or organizations shall1 shall report to the Criminal Justice Coordinating Council on completed training with such1 such information and in such manner as directed by the Criminal Justice Coordinating Council.1 Council. (e) Approvals for trainings made by the State Sexual Assault Nurse Examiner Coordinator1 Forensic Medical Examination Advisory Committee and the Criminal Justice Coordinating Council shall adhere to the established rules as set1 set forth by the committee protocol. The committee shall also act as an advisory committee1 committee to assist the Criminal Justice Coordinating Council in developing best practice1 practice recommendations for forensic medical examiners in this state."1 state." SECTION 5.1 5. All laws and parts of laws in conflict with this Act are repealed.1repealed.

Redline computed from the official version text (record lane).View this version →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift98% confidence

Prohibition of Direct-to-Consumer Evidence Collection

The state shifts from allowing unregulated at-home evidence collection products to criminalizing their sale and centralizing evidence collection within certified medical and law enforcement facilities.

Criminal Justice Coordinating Council Forensic Medical Examination Advisory Committee

Connected Entities

Georgia Bureau of Investigation, Georgia Peace Officer Standards and Training Council, Criminal Justice Coordinating Council and 3 more

OrganizationGeorgia Bureau of Investigation“Houses the Division of Forensic Sciences responsible for forensic testing.”Map →

OrganizationGeorgia Peace Officer Standards and Training Council“Certifies peace officers who may serve on the advisory committee.”Map →

OrganizationCriminal Justice Coordinating Council“Responsible for creating and operating the statewide sexual assault kit tracking”Map →

OrganizationGeorgia Board of Nursing“Regulates nurse practice standards and provides a representative to the advisory”Map →

OrganizationForensic Medical Examination Advisory Committee“Newly created 13-member committee to establish training protocols and nurse cert”Map →

OrganizationGeorgia Nurses Association“Provides a representative to the advisory committee.”Map →

Sources

Open source document

www.legis.ga.gov

Georgia House Bill 518 Bans At-Home Rape Kits and Establishes Sexual Assault Tracking and Advisory Committee

What This Bill Proposed

Who It Would Have Affected

Key Facts

Frequently Asked Questions

News Coverage

Where This Stands

Procedural history

Version history & redline

Lobbying Activity

Full breakdown

Sponsors

Discoveries

Prohibition of Direct-to-Consumer Evidence Collection

Connected Entities

Sources

Analysis Score

Share or embed this record