Bill Text: HI SB702 | 2013 | Regular Session | Amended
Bill Title: Internet Crimes Against Children Fund; Department of the Attorney General; Alicia's Law
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2013-02-15 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB702 Detail]
Download: Hawaii-2013-SB702-Amended.html
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THE SENATE |
S.B. NO. |
702 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CHILD ABUSE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that due to a lack of dedicated resources, only about two per cent of known child exploitation offenders are being investigated. Alicia's Law is an initiative that builds state capacity to combat crimes against children by seeking funding for internet crimes against children task forces. Alicia's Law was named for Alicia Kozakiewicz, who was abducted by an internet predator and sexually abused.
The purpose of this Act is to help combat internet crimes against children by establishing an internet crimes against children fee and a special fund for fighting child pornographers and helping child victims.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
INTERNET CRIMES AGAINST CHILDREN
§ -1 Short title. This chapter shall be known as and may be cited as "Alicia's Law".
§ -2 Definitions. As used in this chapter, unless the context otherwise requires:
"Child" means a person who is under eighteen years of age.
"Child pornography" has the same meaning as in section 707‑750.
"Internet crimes against children" means promoting or soliciting child abuse in the first degree under section 707-750, promoting or soliciting child abuse in the second degree under section 707-751, promoting or soliciting child abuse in the third degree under section 707-752, or performing or soliciting indecent electronic display to a child under section 707-759.
"Victim" means a person who is harmed, injured, or killed by any act or omission of any other person coming within the criminal jurisdiction of the State.
§ -3 Internet crimes against children fee. The court shall impose and collect a fee of $10 upon every defendant for each felony or misdemeanor conviction. All fees collected pursuant to this section shall be deposited into the internet crimes against children special fund.
§ -4 Internet crimes against children special fund; established. (a) There is established in the state treasury the internet crimes against children special fund, into which shall be deposited:
(1) All fees collected pursuant to section -3;
(2) Moneys appropriated by the legislature to the fund;
(3) Other grants and gifts made to the fund; and
(4) The income and capital gains earned by the fund.
(b) Moneys in the internet crimes against children special fund shall be expended by the department of the attorney general for the following purposes:
(1) To provide training and equipment for local law enforcement agencies' use in investigating and prosecuting internet crimes against children, including funding to increase the forensic capacity of digital evidence; and
(2) To enable internet crimes investigators to follow the trail of child pornography traffic to locate children in need of protection.
The department shall disburse moneys to groups working directly to combat internet crimes against children, including but not limited to law enforcement agencies, the department of public safety, and the department of human services.
(c) All unexpended and unencumbered moneys remaining in the internet crimes against children special fund at the close of each fiscal year that are deemed, by the director of finance, to be in excess of the moneys necessary to carry out the purpose of this section over the next following fiscal year shall lapse to the credit of the state general fund."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this Act.
SECTION 4. This Act shall take effect on July 1, 2013.
Report Title:
Internet Crimes Against Children Fund; Department of the Attorney General; Alicia's Law
Description:
Establishes an internet crimes against children fee upon each felony or misdemeanor conviction. Requires deposit of the fees into an internet crimes against children special fund to provide training and resources for local law enforcement agencies' and investigators' use in investigating and prosecuting internet crimes against children. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
