An Act To Establish A Statewide Sexual Assault Forensic Examination Kit Tracking System And Conduct An Inventory Of Existing Forensic Examination Kits In The Possession Of Law Enforcement

132nd Legislature (2025-2026) Introduced by Rick Bennett and 7 co-sponsors

Creates a statewide DPS-managed SAFE kit tracking system, inventories all kits, and requires local agencies to participate and report; funds staffing and ongoing costs.

Died in Possession of the Senate when the Legislature adjourned Sine Die and was PLACED IN THE LEGISLATIVE FILES. (DEAD)

#criminalprocedure #evidence #forensicexaminationkits

Purpose and Intent

Establish a statewide system to track sexual assault forensic examination (SAFE) kits and conduct a comprehensive inventory of all such kits in the possession of law enforcement.

Improve accountability, timeliness, and data about SAFEs from collection to processing.

Create ongoing reporting about the tracking system’s operation and inventory status.

Key Provisions

Creation of a statewide SAFEs kit tracking system to be operated by the Department of Public Safety (DPS).

Require law enforcement agencies to provide tracking information for each SAFEs kit entered into the system, including the municipality or county where the kit was entered.

Require DPS to conduct an inventory of all SAFEs kits in its possession or in the possession of law enforcement agencies and prepare an annual report on the tracking system.

Funding and staffing to implement the system:

General Fund: $253,266 (FY 2025-26) and $216,117 (FY 2026-27)
Highway Fund: $136,375 (FY 2025-26) and $116,371 (FY 2026-27)
Positions funded: one Forensic Chemist II and one DNA Forensic Analyst, plus related costs.

The bill contemplates a multi-year ongoing operation with potential future fiscal impacts projected through FY 2028-29.

Agencies and Roles Affected

Primary: Department of Public Safety (DPS) to establish, operate, and maintain the tracking system; perform the kit inventory; and produce annual reporting.

Local governments: Municipalities and counties would be required to provide tracking information for kits entered into the system and to participate in the inventory process. This creates a potential state mandate on local units.

Fiscal Impact

Preliminary and amended fiscal notes indicate a net cost to the General Fund and Highway Fund over multiple years:

FY 2025-26: $253,266 GF and $136,375 HF (start-up costs)
FY 2026-27: $216,117 GF and $116,371 HF (ongoing costs)
FY 2027-28: $221,588 GF and $119,317 HF
FY 2028-29: $227,256 GF and $122,369 HF

The notes label this a potential state mandate requiring local participation, with local costs described as moderate statewide, and discuss options for funding such mandates (e.g., General Fund appropriation or a mandate exemption with a two-thirds vote).

Status and Legislative Timeline

Introduced: April 29, 2025.

Committee action: Committee on Criminal Justice and Public Safety recommended and then the bill was amended (Committee Amendment "A" S-427).

June 17-18, 2025: The bill advanced, was engrossed as amended, and sent for concurrence; it received floor action in the Senate/House with ongoing appropriation considerations.

June 25, 2025: Carried over in the same posture to any special or regular session of the 132nd Legislature, pursuant to Joint Order SP 800.

Summary Takeaway

LD 1816 would create a centralized, state-managed system for tracking SAFEs kits and require a jurisdiction-wide inventory of existing kits. It would obligate local law enforcement to participate in the tracking and inventory and would fund DPS staffing and operations through General and Highway Funds. The bill is currently carried over to a future session, with significant fiscal and administrative implications for both state and local governments.

Bill