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