In addition to the historical audit conducted by the Department of Public Safety, effective September 1, 2019, Texas Government Code Section 420.045 requires that each law enforcement agency submit a quarterly report to the DPS identifying the number of evidence collection kits collected after August 31, 2019 that the law enforcement agency has not yet submitted for laboratory analysis. GC 420.045 also requires that accredited public crime laboratories submit a quarterly report to the DPS identifying the number of evidence collection kits received after August 31, 2019 for which the crime laboratory has not yet completed analysis.
The first quarterly report will be due to DPS by April 15, 2020 and will cover the period from December 1, 2019 to 02/29/2020 (FY20 second quarter). Subsequent reports will be due on the following dates: July 15, 2020, for FY20 third quarter, and October 15, 2020 for FY20 fourth quarter. Law enforcement agencies and laboratories are also required to certify within the Texas Sexual Assault Evidence Tracking System (Track-Kit) if they do not have any kits that meet the reporting requirement.
The quarterly reporting will be conducted via the Audit feature in the Track-Kit software system. Instructions are provided with this notice. Law enforcement agencies that do not currently have access to Track-Kit can email firstname.lastname@example.org for access information. If you have questions regarding the audit and/or reporting requirements, please visit SAK Audit and Reporting or contact the DPS Laboratory by email at SAEreporting@dps.texas.gov.
Effective September 1, 2019, Texas Government Code Section 420.047 requires the Texas Department of Public Safety to conduct an audit of unanalyzed sexual assault evidence collection kits. The audit requires law enforcement agencies to submit to the DPS a list of the agency’s active criminal cases for which a sexual assault evidence collection kit has not been submitted for laboratory analysis. Please see GC 420.003 for the statutory definition of an active criminal case. The list should only include kits collected on or before August 31, 2019. Law enforcement agencies must submit their list to the DPS no later than December 15, 2019.
The audit will be conducted via the Track-Kit software system. A spreadsheet is available within Track-Kit that can be completed with the information required for each evidence kit. The spreadsheet will be submitted via Track-Kit to complete the audit. Law enforcement agencies are required to certify within Track-Kit if they do not have any kits that meet the audit requirement. Law enforcement agencies that do not currently have access to Track-Kit can email email@example.com for access information. If you have questions regarding the audit and reporting requirements, please contact the DPS Laboratory by email at SAEreporting@dps.texas.gov.
Access the tracking system here: Texas Sexual Assault Evidence Tracking System
The spreadsheet at the following link was developed specifically in response to the Department's SB 1636 (82R) responsibilities. It provided an inventory of untested/ unreported rape kits held by the local Law Enforcement agencies at the time of the enactment of SB1636 from the 82nd regular session (09/01/2011). Law enforcement was required to submit a listing of all active sexual assault cases for which evidence had not been submitted to an accredited laboratory. The timeframe for this audit was for all cases where the offense occurred between 09/01/1996 and 08/01/2011. The statute went into effect on 09/01/2011 and Law Enforcement agencies had until 10/15/2011 to report their inventory of unanalyzed evidence to the department.
While DPS does not currently have a view into the inventory of untested/unreported rape kits held by the cities/counties that were collected outside of the SB1636 timeframe, HB8 from the 86th regular session does provide for a mechanism to obtain that data from local agencies. The first report required by HB8 is due from the locals not later than December 15, 2019 (see 420.045 / 420.047 of Texas Government Code as amended by HB8).