HB 1397 Georgia House · 2025-2026 Regular Session

Criminal procedure; implied consent to a drug facilitated sexual assault examination for unconscious victims of alleged sexual assault; provide

Summary
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to investigating sexual assault, so as to provide for implied consent to a drug facilitated sexual assault examination for unconscious victims of alleged sexual assault; to provide for circumstances; to provide for evidence; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 19, 2026 Last action Mar 3, 2026
Maddy AI version diff · 1 comparison

What changed between versions

LC 48 1760/a LC 49 2769S/hs · 4 edits
MODERATE
This bill was amended to add 'forensic medical examination' to the list of covered examinations alongside 'drug facilitated sexual assault examination.' The changes clarify that both types of examinations are now explicitly covered under the same legal framework for unconscious sexual assault victims, ensuring broader protection and coverage for victims seeking medical care.
Scope change
The bill's scope was expanded to explicitly include forensic medical examinations as a covered examination type, alongside drug facilitated sexual assault examinations, for unconscious victims of alleged sexual assault.
DEFINITION

Added 'forensic medical examination' to the list of covered examinations in the bill's title and throughout the text, ensuring both examination types are treated consistently under the law.

ELIGIBILITY

Updated Section 3 to clarify that forensic medical examinations may be performed when a healthcare practitioner believes a victim is incapacitated and exigent circumstances exist, with drug testing performed on evidence retrieved from such examinations.

ENFORCEMENT

Modified the immunity provision in Section 3 to apply to anyone who receives a forensic medical examination under this section, protecting them from arrest or prosecution based solely on evidence obtained during the examination.

TECHNICAL

Added 'forensic medical examination' to Section 2, which covers the right to free forensic medical examinations, ensuring funding coverage applies to both examination types.

Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
4
Key actions
1
Committee
1
Mar 3, 2026
Lower · Passed
House Committee Favorably Reported By Substitute
lower
Feb 19, 2026
Introduced
House Hopper
lower
5 primary · 0 co-sponsors

Sponsors