Austin, Texas, December 12, 2025
The Texas Department of Public Safety has introduced a Limited Consent for DNA Testing Program designed for sexual assault survivors, allowing them to undergo forensic medical exams and collect DNA evidence at no cost without immediately involving law enforcement. Effective from December 1, 2025, this initiative aims to empower survivors by enabling them to decide when or if to report the assault while maintaining control over the evidence collection process.
Austin, Texas – DPS Implements Limited Consent DNA Testing Program for Sexual Assault Survivors
The Texas Department of Public Safety (DPS) has launched the Limited Consent for DNA Testing Program, enabling sexual assault survivors to have forensic medical exams and DNA evidence collected and tested at no cost, without the immediate involvement of law enforcement. This initiative, effective December 1, 2025, allows survivors to decide later whether to report the assault to authorities. The first evidence kit under this program was collected last week.
Program Details
Under House Bill 1422, the Limited Consent for DNA Testing Program permits survivors to obtain a forensic medical exam and have evidence tested for foreign DNA material, free of charge, even if they do not report the assault to law enforcement. Evidence collected on or after December 1, 2025, is eligible for this program. Previously, survivors had to involve law enforcement to have DNA evidence tested. This program removes that requirement, providing survivors with more control over the process.
Implementation and Support
For months, DPS’s Crime Laboratory Division has been preparing for the successful rollout of the Limited Consent for DNA Testing Program. This preparation included making necessary software enhancements to the Track-Kit system, ensuring compliance with ANSI National Accreditation Board standards, collaborating with sexual assault advocacy groups to develop clear, trauma-informed consent forms, and developing a new DNA testing workflow specific to limited consent DNA test kits. Additionally, DPS partnered with organizations such as the Texas A&M Health Center of Excellence in Forensic Nursing, the Texas Association Against Sexual Assault (TAASA), and the Governor’s Sexual Assault Survivors Task Force (SASTF) to educate medical professionals and victims’ advocates about this new program. The DPS Crime Laboratory website and Customer Handbook have also been updated to educate stakeholders about this program, an effort that remains ongoing.
Evidence Processing and Storage
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 the 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 of the evidence and lab results. Survivor instructions and forms for the release of evidence and lab results can be found on the DPS website.
Background
House Bill 1422, which established the Limited Consent for DNA Testing Program, was passed earlier this year to provide survivors with more control over the evidence collection and testing process. The program aims to remove barriers that survivors face when deciding whether to seek help, particularly the fear that obtaining a forensic exam requires immediate involvement of law enforcement. By offering this option, the program empowers survivors to make informed decisions about reporting the assault and pursuing justice on their own timeline.
Key Features of the Limited Consent for DNA Testing Program
| Feature | Description |
|---|---|
| Eligibility | Evidence collected on or after December 1, 2025, is eligible for the program. |
| Cost | Forensic medical exams and DNA testing are provided free of charge to survivors. |
| Law Enforcement Involvement | Survivors can have evidence tested without immediately involving law enforcement. |
| Evidence Storage | Evidence is stored for up to five years, with notifications sent to survivors before destruction. |
| Evidence Release | Survivors can choose to release evidence to law enforcement at any time during the storage period. |
| Tracking System | Survivors can track the status and results of their evidence through the Track-Kit system. |
Frequently Asked Questions (FAQ)
What is the Limited Consent for DNA Testing Program?
The Limited Consent for DNA Testing Program allows sexual assault survivors to obtain a forensic medical exam and have evidence tested for foreign DNA material, free of charge, without the immediate involvement of law enforcement. Survivors can decide later whether to report the assault to authorities.
When did the program begin?
The program became effective on December 1, 2025, with the first evidence kit collected last week.
How does the program work?
Survivors can undergo a forensic medical exam and have evidence collected and tested for foreign DNA material without reporting the assault to law enforcement. Evidence collected on or after December 1, 2025, is eligible for this program. Survivors can later choose to report the assault to law enforcement and consent to the release of the evidence and lab results.
How long is the evidence stored?
Evidence tested under this program is stored for a maximum of five years. After five years, the evidence is destroyed unless the survivor consents to its release to law enforcement before that time.
How can survivors track their evidence?
Survivors can track the status and results of their evidence through Texas’ statewide electronic tracking system, Track-Kit, which provides updates on the processing and analysis of their kits.
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