The Texas Department of Public Safety’s (DPS) Crime Laboratory Division announces the implementation of the state’s new Limited Consent for DNA Testing Program for sexual assault survivors. The first kit under this new program, which began on Dec. 1, was collected last week.
Created under HB 1422 earlier this year, the Limited Consent for DNA Testing Program allows survivors of sexual assault to obtain a forensic medical exam and have evidence collected and tested for foreign DNA material, free of charge, even if a report has not been made to law enforcement. Only evidence collected on or after Dec. 1, 2025, is eligible for this new program. Previously, sexual assault survivors would have had to involve law enforcement in order to have DNA evidence tested – HB 1422 eliminates that requirement.
“House Bill 1422 removes one of the biggest barriers sexual assault survivors face when deciding whether to seek help: the fear that getting a forensic exam means they must immediately involve law enforcement,” said Senator Joan Huffman. “With the Limited Consent for DNA Testing Program now in place, survivors can take back some control, get critical evidence collected and tested at no cost, and decide later – on their own timeline – whether to move forward with a police report. The implementation of this program marks a historic step forward for survivor-centered justice in Texas.”
“I am proud to have authored this law to provide another option for survivors to have evidence kits tested,” said Representative Lacey Hull. “We know that making a report to law enforcement is a tremendously difficult decision. It is my hope that by providing an alternative testing option, we will empower survivors to subsequently make reports, and ultimately increase prosecutions of sexual assaults. Thank you to Senator Huffman for sponsoring this bill, and DPS for moving quickly to implement it.”
“For months, DPS Crime Laboratory Division personnel have been committed to preparing for the roll-out of Texas’ new Limited Consent DNA Testing Program,” said DPS Crime Laboratory Division Chief Brady Mills. “It has taken a tremendous amount of time and dedication to get to this point, but our personnel have demonstrated – and continue to show – their steadfast commitment to supporting survivors of sexual assault.”
For months, DPS’ Crime Laboratory Division has been preparing to ensure the successful rollout of DPS’ Limited Consent for DNA Testing Program, including:
- Making necessary software enhancements to the Track-Kit system for this program, funded by the Governor’s Public Safety Office.
- Ensuring the program’s compliance with ANSI National Accreditation Board standards.
- Collaborating with sexual assault advocacy groups to develop consent and release forms that include clear, trauma-informed language.
- Developing a new DNA testing workflow specific to limited consent DNA test kits to prevent results from being reported to law enforcement and prosecutors.
- Partnering with Texas A&M Health Center of Excellence in Forensic Nursing, Texas Association Against Sexual Assault (TAASA), the Governor’s Sexual Assault Survivors Task Force (SASTF) and sexual assault nurse examiners to educate and raise awareness to medical professionals and victims’ advocates about this new program.
- Updating the DPS Crime Laboratory website and Customer Handbook to educate stakeholders about this new program, an effort that remains ongoing.
More about the Limited Consent for DNA Testing Program
All Limited Consent for DNA Testing Program kits will be processed within 90 days of their receipt at DPS’ Crime Laboratory in Houston. Through funding by the Governor’s Public Safety Office, survivors participating in program will be able to track the status and results of their kit through Texas’ statewide electronic tracking system, Track-Kit.
Once a kit is analyzed, evidence tested under this program will be stored for a maximum of five years. Following the fifth-year anniversary of the date the evidence was collected, notification to the survivor is provided via Track-Kit and a response period of three months is granted before the evidence is destroyed. Prior to the five-year deadline, a survivor may choose to report the offense to law enforcement and consent to the release the evidence and lab results. Survivor instructions and forms for the release of evidence and lab results can be found on the DPS website.
Learn more about DPS’ Limited Consent for DNA Testing Program online.
Article source and photo credit: Texas Department of Public Safety’s (DPS)
