JD Key Consulting Logo
SB608

Regular Session

Relating to reporting information regarding certain evidence collection kits.

Moderate
Low Cost
Effective:2025-09-01
SB608
Moderate
Relating to reporting information regarding certain evidence collection kits.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
County Commissioners CourtsDPS
Primary Author: Sen. Peter Flores
89th Texas Legislature
jdkey.com
01

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.

Need Help Understanding Implementation?

Our government affairs experts can walk you through this bill's specific impact on your operations.

Schedule Consultation

Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Dec 13, 2024
Passed Senate
Apr 2, 2025
Passed House
May 1, 2025
Signed
May 14, 2025
TopicsCrimesCrimes--against PersonsCrimes--against Persons--sexualCriminal ProcedureCriminal Procedure--generalHealth Care ProvidersLaw EnforcementEvidencePublic Safety, Department of
03

Senate Authors

Sen. Peter FloresRepublican · Primary Author
Coauthors (2)

House Sponsor

Rep. Donna HowardDemocrat · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

Explore more bills from this author and on related topics

More from Sen. Peter Flores

View all bills by Sen. Peter Flores

Related by Topic

View more Crimes legislation
Quick Reference

Frequently Asked Questions

Common questions about SB608

Q

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).

Q

Who authored SB608?

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

Q

When was SB608 signed into law?

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

Q

Which agencies enforce SB608?

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

Q

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.

Q

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.

Q

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

Need Strategic Guidance on This Bill?

Need help with Government Relations, Lobbying, or compliance? JD Key Consulting has the expertise you're looking for.