SB2595.DOC

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 create a special fund dedicated to investigating and prosecuting child pornographers and other perpetrators of internet facilitated crimes against children, to promote education on internet safety to the public and to minors, to rescue child victims from abuse and exploitation, and to require the attorney general to submit a report to the legislature.

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 the promotion of or solicitation of child abuse, including promoting child abuse in the first degree under section 707-750, promoting child abuse in the second degree under section 707-751, promoting child abuse in the third degree under section 707-752, or performing 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;

(2) To enable internet crimes investigators to follow the trail of child pornography traffic to locate children in need of protection; and

(3) To expressly support the work of the State's internet crimes against children task force and its affiliate agencies.

(c) All unexpended and unencumbered moneys remaining in the internet crimes against children special fund at the close of each fiscal year shall carry over to the following fiscal year. Moneys accrued and deposited into the fund shall not revert back to the general fund or be diverted to other activities."

SECTION 3. The attorney general shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2015 that includes:

(1) All statistical data as reported to the United States Department of Justice and the Office of Juvenile Justice and Delinquency Prevention, in compliance with the federal Internet Crimes Against Children Task Force requirements;

(2) The annual number of arrests involving internet crimes against children;

(3) The annual number of child victims rescued and identified;

(4) Proposed legislation for reducing internet crimes committed against children; and

(5) Any additional resources needed by the department of the attorney general or any Internet Crimes Against Children Task Force affiliate law enforcement office in the State, to further assist in the identification of internet crimes against children and increased rescue of children.

SECTION 4. 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 5. This Act shall take effect on July 1, 2014.

INTRODUCED BY:	_____________________________

Report Title:

Internet Crimes Against Children Fund; Department of the Attorney General; Alicia's Law

Description:

Establishes an internet crimes against children fee for 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. Requires the attorney general to submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2015.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

THE SENATE	S.B. NO.	2595
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII