Georgia

Georgia has achieved five of six pillars of rape kit reform. To achieve full reform, it must grant survivors the right to be informed on the status of their rape kits.

Reform Status
Some Reform
Testing Status
In-Process
Untested Kits
Now 480*
Then 10314**
* According to a report by the Georgia Bureau of Investigation's Sexual Assault Report there were 480 untested kits in Georgia in 2024.
** According to a media report by the Atlanta Journal-Constitution there were 10314 untested kits in Georgia in 2017.

Pillar Count

5/6 Pillars
Georgia has achieved five of six pillars of rape kit reform. To achieve full reform, it must grant survivors the right to be informed on the status of their rape kits.
Statewide Inventory

Yes, the state has a recurring inventory.

  • Is the inventory recurring? Yes
  • Are law enforcement agencies and/or labs required to participate in the inventory? Yes
  • Does the law require to document the date of when each kit was collected? No
  • Does the law require a reason to be given as to why the kit was not submitted to a crime lab for testing? No
  • Does the law require untested kits to be counted? Yes
Test Backlogged Kits

In-Process, the state has committed to testing its backlogged kits.

  • Does the law require law enforcement to submit all untested kits, including those past the statute of limitation, within a certain deadline? Yes
  • Does the law set a deadline for the crime laboratory to complete analysis once a kit has been submitted to the lab? No
  • Does the law require kits past the statute of limitations to be sent in for testing? No
  • Does the law allow public crime labs to outsource unsubmitted kits? No
Test New Kits

Yes, all newly collected kits are being tested.

  • According to the law, how much time after a rape kit examination do hospitals have to notify law enforcement that a kit is ready to be picked up? Not specified
  • According to the law, after being notified, within what time frame is law enforcement required to pick up the kit? 96 Hours
  • According to the law, after picking the kit up, within what time frame is law enforcement required to submit the kit to the lab? 30 Days
  • According to the law, after receiving the kit, within what time frame is the lab required to test the kit? Not specified
  • Does the law allow crime labs to outsource kits for testing if they are unable to meet the deadline? Not specified
Implement Tracking System

Yes, tracking system in use.

  • Does the law state that the tracking system should track initial collection at hospital, inventory and storage by law enforcement, and testing and storage by state labs? Yes
  • Does the law state that the tracking system should track if kit a has been destroyed? Yes
  • Does the law allow all agencies who participate in the tracking system to update the status of a kit? Yes
  • Does the law state that the tracking system should have a victim portal? Yes
  • Does the law require law enforcement, labs, and hospitals to participate in the tracking system? Yes
  • Does the law state that all previously untested kits should be entered into the system? No
Victim's Right To Know

No, the state has not granted victims the right to notice and be informed on the status of their kit.

  • Do victims have the right to receive information of the location, testing date, and testing results of their kit? n/a
  • Do victims have the right to be informed when there is any change in the status of their case? n/a
  • Do victims have the right to receive notification before destruction of their kit? n/a
  • Are victims granted further preservation of the kit or its probative contents? n/a
  • Are victims provided with the contact information for the designated liaison(s) at the corresponding law enforcement agency at the time that a kit is collected? n/a
  • Do victims have the right to receive a physical document identifying their rights under law? n/a
Fund Reform

Yes, the state has allocated one-time funding.

See state reform timeline below.

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State Reform Timeline

2024
Funding
$2,500,000 awarded in Fulton County

In 2024, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded Fulton County $2.5 million to support testing of partially tested sexual assault kits and to investigate cases with DNA profiles and CODIS hits.

Inventory
480 backlogged kits reported in Georgia

In 2024, the Department of Forensic Services reported that there are 480 kits from ongoing investigations remaining to be tested.

2023
Inventory
601 backlogged kits reported in Georgia

The 2023 Department of Forensic Services Report uncovered 601 backlogged kits in Georgia in 2023.

Funding
$1,500,000 awarded to the Georgia Criminal Justice Coordinating Council.

In 2023, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the Criminal Justice Coordinating Council $1,500,000 to improve the state’s response to cold case sexual assaults and sexually motivated homicides.

Funding
Second grant, for $2,500,000, awarded to the Criminal Justice Coordinating Council

In 2023, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded a second grant to the Criminal Justice Coordinating Council for $2,500,000. This grant is to improve the handling of sexual assault kits, and the response to sexual assault as well as addressing the challenges victims face within the criminal legal system.

Bill: Failed
HB638 failed in Georgia

In 2023, legislators in Georgia introduced HB638. This bill would have granted victims the right to know the status and location of their kit. This bill failed to pass.

Bill: Enacted
HB19 enacted in Georgia

HB19 was enacted. This law allocates $94,250 in funding for one position to administer the sexual assault kit tracking system. With this law, Georgia has achieved the funding pillar.

2022
Inventory
471 backlogged kits reported in Georgia

The 2022 Department of Forensic Services Report uncovered 471 backlogged kits in Georgia in 2022.

Other
Georgia's tracking system goes live

In 2022, Georgia’s tracking system went live.

2021
Bill: Enacted
HB255 enacted in Georgia

In 2021, Georgia legislators enacted HB255, a bill that established a rape kit tracking system with a survivor portal. The bill also requires an annual report on the tracking system and rape kits collected, reported, submitted, and left unsubmitted. Read our letter of support.

Inventory
1996 untested kits uncovered in Georgia

According to a report by the Georgia Bureau of Investigation’s Sexual Assault Report there were 1996 untested kits in Georgia in 2021.

2020
Bill: Failed
HB720 failed in Georgia

In 2020, Georgia introduced HB720, which would have created a rape kit tracking system and a semiannual rape kit inventory. This bill failed to pass.

Funding
$4.5 million awarded in Georgia

In 2020, BJA awarded the GCJCC $2.5 million, and the Fulton County Board of Commissioners $2 million to sustain their work on rape kit reform. The GCJCC award would also be used for the Violent Criminal Apprehension Program (ViCAP) database entry and to inventory and test partially tested kits across the state.

2019
Bill: Enacted
HB282 enacted in Georgia

In 2019, Georgia enacted HB282, increasing the amount of time that law enforcement agencies were required to preserve certain evidence of sexual assault. Evidence must now be retained for 50 years in cases in which no arrests have been made.

2018
News Article
Fewer than 2,900 kits found in Georgia

In April 2018, the Associated Press reported that fewer than 2,900 untested kits remained in Georgia. The Georgia Bureau of Investigation’s December 2020 Sexual Assault Kit Report stated that all the previously backlogged kits had been tested. However, due to staffing fluctuations, submission increases, and insufficient testing capacity, there was a new backlog of 1,996 kits from ongoing investigations. Georgia law does not require law enforcement to track rape kits.

Bill: Failed
HB837 failed in Georgia

In 2018, Georgia legislators introduced HB837, which would have granted sexual assault survivors the right to notice regarding rape kit testing status and results. This bill failed to pass.

Funding
$1 million awarded to Fulton County government

Also in 2018, BJA awarded the Fulton County Government $1 million to test kits, investigate and prosecute cases, and re-engage survivors.

2017
Funding
$3 million awarded to Georgia

In 2017, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the GCJCC $3 million to support the statewide coordination of efforts to identify any remaining backlogged kits, investigate and prosecute resulting cases, and re-engage victims in the criminal justice process.

Inventory
10,314 untested kits found in Georgia

According to a media report by the Atlanta Journal-Constitution there were 10314 untested kits in Georgia in 2017.

2016
Bill: Enacted
SB304 enacted in Georgia

In 2016, Georgia enacted SB304, which requires hospitals to notify police of rape kit collection. Law enforcement is then required to collect kits from the hospitals within 96 hours of notification and deliver them to the state crime lab within 30 days of collection. In addition, the law required that law enforcement agencies document all untested kits in police storage and submit this information to the lab. It also mandated that untested kits in hospital storage be collected by police and submitted to the lab for testing.

Funding
$1,487,656 awarded to Georgia

In 2016, the U.S. Department of Justice National Institute of Justice (NIJ) awarded the GCJCC $1,487,656 to implement an evidence-management program to inventory, track, and report untested and unsubmitted rape kits.

2015
Funding
$1,999,982 awarded to Georgia

In 2015, the Manhattan District Attorney’s Office awarded the Georgia Criminal Justice Coordinating Council (GCJCC) $1,999,982 to test 3,108 kits.

2014
Accountability
4,014 kits found in Georgia

In 2014, The Accountability Project issued a public records request to bring the number of untested kits in Atlanta to light. After we issued our records request, in 2015, a CBS 46 investigation found more than 2,000 untested rape kits in the Atlanta metro area. The Athens-Clarke County Police Department found 159 untested kits dating back to 1993, the Cobb County Police Department found 365 untested kits dating back to the 1970s, and Grady Memorial Hospital identified 1,490 untested kits in storage. In 2016, 211 untested pediatric rape kits were found at Children’s Healthcare of Atlanta. The Atlanta Police Department did not fully respond to our records request. After the CBS 46 investigation and other media coverage of the issue, we did not reissue our request.

Accountability

We have issued public records requests, through the Freedom of Information Act, to the following jurisdictions in Georgia to discover whether they possess any untested rape kits.
Target
Request Year
Untested kits discovered
Incomplete information received
Atlanta, GA
2014
2225

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