SB608

Regular Session

Relating to reporting information regarding certain evidence collection kits.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Department of Public Safety (DPS) • County Commissioners Courts (via Local Response Teams)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: October 1, 2025 (Recommended internal deadline to ensure data entered into the statewide tracking system is accurate prior to the December 1 reporting cutoff).
Agency Rulemaking: DPS is not explicitly required to create new rules, but will likely update the "Track-Kit" system interface to segregate "uncollected" kit data. Watch for technical guidance bulletins from DPS in August 2025.

Immediate Action Plan

1. Immediate Inventory Audit: Conduct a physical audit of all evidence kits currently in storage. Flag any kit older than 14 days.
2. Paper Trail Verification: For every uncollected kit, locate the email, fax, or log entry proving Law Enforcement was notified. If it doesn't exist, create it today.
3. Update SART Protocols: Instruct your representative on the local Sexual Assault Response Team to demand a review of the "uncollected kit" data block before the SART submits its report to the County Commissioners Court.
4. System Check: Log into the DPS Track-Kit portal and verify that your facility's "status" inputs match your physical inventory.

Operational Changes Required

Contracts

Memorandums of Understanding (MOUs): Review existing MOUs with local Law Enforcement Agencies (LEAs).
Amendment Needed: Insert a clause defining "Notification of Readiness." You need a contractual definition of when the 14-day pickup clock starts to protect your facility from liability.
Receipt Acknowledgment: Require LEAs to digitally or physically sign for kits immediately upon transfer.

Hiring/Training

SART Representatives: Staff members assigned to local SARTs must be trained to aggregate specific data regarding LEA failure-to-collect rates for the biennial report.
Forensic Nursing Staff: Train staff on the "Aging Report" workflow—identifying kits approaching the 14-day statutory limit and triggering a documented follow-up with law enforcement.

Reporting & Record-Keeping

Chain of Custody Granularity: Your internal logs must now distinguish between:
1. Date/Time Evidence Collection Completed.
2. Date/Time LEA Notified.
3. Date/Time LEA took possession.
Discrepancy Logging: If a kit remains in your storage beyond 14 days, you must document *why* (e.g., "LEA notified 3x, failed to appear"). This documentation is your defense against the public report.

Fees & Costs

No New Fees: There are no state fees associated with this filing.
Administrative Cost: Absorbable costs related to data auditing and SART participation hours.

Strategic Ambiguities & Considerations

Definition of "Possession": The statute requires reporting on kits LEAs did not "take possession of." It does not account for valid delays (e.g., natural disasters, facility lockdowns, or jurisdictional disputes).
*Risk:* Your facility may be listed as holding "backlogged" kits even if the delay was agreed upon with the LEA.
Data Synchronization: There is no dispute resolution mechanism defined if your hospital records show a kit was picked up, but the DPS electronic system shows it as "uncollected."
*Watch For:* DPS guidance on reconciling data conflicts prior to the December 1 publication.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCrimes Crimes--against Persons Crimes--against Persons--sexual Criminal Procedure Criminal Procedure--general Health Care Providers Law Enforcement Evidence Public Safety, Department of

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 608
89R2957 MCF-F	By: Flores
	Criminal Justice
	3/13/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

For the last few years, the legislature has taken action to improve the processing of evidence collection kits. Forensic labs have improved their ability to process these kits; however, the need for additional oversight is necessary to ensure that the labs are keeping up with state standards. Chapter 420 of the Government Code handles sexual assault prevention and provides rules and regulations for the crisis services. S.B. 608 would amend Section 420.034 by adding a clause that will require law enforcement to report data from their evidence collection from hospitals and other health care facilities.

Pursuant to Section 420.035(b) of the Government Code, law enforcement must work with health care facilities and hospitals to process evidence kits in a timely manner. The bill would require the reporting of evidence kits from hospitals and health care facilities within 14 days of the facility notifying a law enforcement agency.

As proposed, S.B. 608 amends current law relating to reporting information regarding certain evidence collection kits.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 420.034, Government Code, by amending Subsection (h) and adding Subsection (i), as follows:

(h) Requires the Department of Public Safety of the State of Texas (DPS), not later than December 1 of each year, to submit a report to the governor, lieutenant governor, speaker of the house of representatives, and members of the legislature that provides certain information, including by identifying the number of evidence collection kits that a law enforcement agency did not take possession of within the period required by certain provisions of Section 420.035 (Evidence Release), as applicable. Makes nonsubstantive changes.

(i) Creates this subsection from existing text. Requires that the annual report required by Subsection (h) be titled "Statewide Electronic Tracking System Report" and be posted on DPS's publicly assessable Internet website.

SECTION 2. Amends Section 351.257, Local Government Code, as follows:�

Sec. 351.257. REPORT. Requires a response team, not later than December 1 of each odd-numbered year, to provide to the commissioners court of each county the response team serves a report that includes certain information, including the number of evidence collection kits described by Section 420.031 (Evidence Collection Protocol; Kits), Government Code, that a law enforcement agency did not take possession of within the period required by certain subsections of Section 420.035, Government Code, as applicable. Makes nonsubstantive changes.

SECTION 3. Effective date: September 1, 2025.

Senate Authors

Sen. Peter FloresRepublican · Primary Author

Coauthors (2)

House Sponsor

Rep. Donna HowardDemocrat · Primary Sponsor

Bill Text(with markup)

S.B. No. 608

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to reporting information regarding certain evidence
	collection kits.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 420.034, Government Code, is amended by
	amending Subsection (h) and adding Subsection (i) to read as
	follows:
	(h) Not later than December 1 of each year, the department
	shall submit a report to the governor, lieutenant governor, speaker
	of the house of representatives, and members of the legislature
	identifying the number of evidence collection kits:
	(1) that have not yet been submitted for laboratory
	analysis or for which the laboratory analysis has not yet been
	completed, as applicable; and
	(2) that a law enforcement agency did not take
	possession of within the period required by Section 420.035(b) or
	(c), as applicable.
	(i) The annual report required by Subsection (h) must be
	titled "Statewide Electronic Tracking System Report" and must be
	posted on the department's publicly accessible Internet website.
	SECTION 2. Section 351.257, Local Government Code, is
	amended to read as follows:
	Sec. 351.257. REPORT. Not later than December 1 of each
	odd-numbered year, a response team shall provide to the
	commissioners court of each county the response team serves a
	report that includes:
	(1) a list of response team members able to
	participate in the quarterly meetings required by Section
	351.254(c);
	(2) a copy of the written protocol developed under
	Section 351.256; and
	(3) either:
	(A) a biennial summary detailing:
	(i) the number of sexual assault reports
	received by local law enforcement agencies;
	(ii) the number of investigations conducted
	as a result of those reports;
	(iii) the number of indictments presented
	in connection with a report and the disposition of those cases;
	[~~and~~]
	(iv) the number of reports of sexual
	assault for which no indictment was presented; and
	(v) the number of evidence collection kits
	described by Section 420.031, Government Code, that a law
	enforcement agency did not take possession of within the period
	required by Section 420.035(b) or (c), Government Code, as
	applicable; or
	(B) an explanation of the reason the response
	team failed to provide the information described by Paragraph (A).
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 17, 2025

TO:	Honorable Pete Flores, Chair, Senate Committee on Criminal Justice

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB608 by Flores (Relating to reporting information regarding certain evidence collection kits.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would modify reporting requirements for certain evidence collection kits.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

405 Department of Public Safety

LBB Staff:

JMc, MGol, CSh, KVEL

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Frequently Asked Questions

Common questions about SB608

What does Texas SB608 do?

SB608 mandates public reporting of sexual assault evidence kits that law enforcement agencies fail to collect within statutory timelines (typically 14 days). While the reporting duty falls on the Department of Public Safety (DPS) and local Sexual Assault Response Teams (SARTs), healthcare providers and forensic centers must immediately tighten chain-of-custody logging to ensure their facilities are not erroneously blamed for evidence backlogs in these public reports. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: October 1, 2025 (Recommended internal deadline to ensure data entered into the statewide tracking system is accurate prior to the December 1 reporting cutoff).

Who authored SB608?

SB608 was authored by Texas Senator Peter Flores during the Regular Session.

When was SB608 signed into law?

SB608 was signed into law by Governor Greg Abbott on May 14, 2025.

Which agencies enforce SB608?

SB608 is enforced by Texas Department of Public Safety (DPS) and County Commissioners Courts (via Local Response Teams).

How urgent is compliance with SB608?

The compliance urgency for SB608 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB608?

The cost impact of SB608 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB608 address?

SB608 addresses topics including crimes, crimes--against persons, crimes--against persons--sexual, criminal procedure and criminal procedure--general.

Legislative data provided by LegiScanLast updated: November 25, 2025

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