|
REFERENCE TITLE: internet crimes against children; fund |
|
State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
|
|
HB 2517 |
|
|
|
Introduced by Representatives Boyer, Allen J, Alston, Andrade, Barton, Benally, Bolding, Borrelli, Bowers, Brophy McGee, Cardenas, Carter, Cobb, Coleman, Farnsworth E, Finchem, Gabaldón, Hale, Kern, Lawrence, McCune Davis, Meyer, Rios, Sherwood, Steele, Townsend, Velasquez, Senators Begay, Bradley, Burges, Cajero Bedford, Contreras, Dalessandro, Driggs, Farley, Hobbs, Miranda, Smith: Representatives Ackerley, Campbell, Clark, Espinoza, Fann, Fernandez, Friese, Gonzales, Gray, Larkin, Leach, Livingston, Lovas, Mach, Mendez, Mesnard, Mitchell, Montenegro, Norgaard, Olson, Otondo, Petersen, Pratt, Rivero, Robson, Saldate, Shope, Thorpe, Weninger, Senators Ableser, Allen, Barto, Dial, Farnsworth D, Griffin, Pierce, Quezada, Shooter, Ward, Worsley, Yee
|
AN ACT
amending sections 5‑572, 8‑509 and 8‑514.03, Arizona Revised Statutes; amending title 13, chapter 35.1, Arizona Revised Statutes, by adding sections 13‑3562, 13‑3563 and 13-3564; amending title 41, chapter 1, article 5, Arizona Revised Statutes, by adding section 41‑199; amending section 41‑1727, Arizona Revised Statutes; relating to internet crimes against children.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 5-572, Arizona Revised Statutes, is amended to read:
5-572. Use of monies in state lottery fund; report
A. If there are any bonds or bond related obligations payable from the state lottery revenue bond debt service fund, the state lottery revenue bond debt service fund shall be secured by a first lien on the monies in the state lottery fund after the payment of operating costs of the lottery, as prescribed in section 5‑555, subsection A, paragraph 1, until the state lottery bond debt service fund contains sufficient monies to meet all the requirements for the current period as required by the bond documents. Debt service for revenue bonds issued pursuant to this chapter shall be paid first from monies that would have otherwise been deposited pursuant to this section in the state general fund. After the requirements for the current period have been satisfied as required by the bond documents, the monies in the state lottery fund shall be expended for the expenses of the commission incurred in carrying out its powers and duties and in the operation of the lottery.
B. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsection A of this section, ten million dollars shall be deposited in the Arizona game and fish commission heritage fund established by section 17‑297.
C. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A and B of this section, five million dollars shall be allocated to the department of child safety for the healthy families program established by section 8‑481, four million dollars shall be allocated to the Arizona board of regents for the Arizona area health education system established by section 15‑1643, three million dollars shall be allocated to the department of health services to fund the teenage pregnancy prevention programs established in Laws 1995, chapter 190, sections 2 and 3, two million dollars shall be allocated to the department of health services for the health start program established by section 36‑697, two million dollars shall be deposited in the disease control research fund established by section 36‑274 and one million dollars shall be allocated to the department of health services for the federal women, infants and children food program. The allocations in this subsection shall be adjusted annually according to changes in the GDP price deflator as defined in section 41‑563 and the allocations are exempt from the provisions of section 35‑190 relating to lapsing of appropriations. If there are not sufficient monies available pursuant to this subsection, the allocation of monies for each program shall be reduced on a pro rata basis.
D. If the state lottery director determines that monies available to the state general fund may not equal eighty‑four million one hundred fifty thousand dollars in a fiscal year, the director shall not authorize deposits to the Arizona game and fish commission heritage fund pursuant to subsection B of this section until the deposits to the state general fund equal eighty‑four million one hundred fifty thousand dollars in a fiscal year.
E. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through D of this section, one million dollars or the remaining balance in the fund, whichever is less, is appropriated to the department of economic security for grants to nonprofit organizations, including faith based organizations, for homeless emergency and transitional shelters and related support services. The department of economic security shall submit a report on the amounts, recipients, purposes and results of each grant to the governor, the speaker of the house of representatives and the president of the senate on or before December 31 of each year for the prior fiscal year and shall provide a copy of this report to the secretary of state.
F. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through E of this section, and after a total of at least ninety‑nine million six hundred forty thousand dollars has been deposited in the state general fund, three million five hundred thousand dollars shall be deposited in the Arizona competes fund established by section 41‑1545.01. The balance in the state lottery fund remaining after deposits into the Arizona competes fund shall be deposited in the university capital improvement lease‑to-own and bond fund established by section 15‑1682.03, up to a maximum of eighty per cent percent of the total annual payments of lease-to-own and bond agreements entered into by the Arizona board of regents.
G. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through F of this section, four million five hundred thousand dollars shall be deposited in the internet crimes against children enforcement fund established by section 41‑199 and five hundred thousand dollars shall be deposited in the victims' rights enforcement fund established by section 41‑1727 for the purposes of section 13-3564.
G. H. All monies remaining in the state lottery fund after the appropriations and deposits authorized in this section shall be deposited in the state general fund.
H. I. Except for monies expended for debt service of revenue bonds as provided in subsection A of this section, monies expended under subsection A of this section are subject to legislative appropriation.
Sec. 2. Section 8-509, Arizona Revised Statutes, is amended to read:
8-509. Licensing of foster homes; renewal of license; provisional license; exemption from licensure; immunization requirements
A. The division shall license and certify foster homes. Licenses are valid for a period of two years.
B. The division shall not issue a license without satisfactory proof that the foster parent or parents have completed six actual hours of approved initial foster parent training as set forth in section 8‑503 and that each foster parent and each other adult member of the household has consented in writing to a search by the division of any computer that is in the home and has a valid fingerprint clearance card issued pursuant to section 41‑1758.07. The foster parent and each other adult member of the household must certify on forms that are provided by the division and that are notarized whether the foster parent or other adult member of the household is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41‑1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.
C. The division shall not renew a license without satisfactory proof that the foster parent or parents have completed six actual hours of approved ongoing foster parent training per year as set forth in section 8‑503.
D. Notwithstanding the requirements of subsections B and C of this section, if the division determines a condition of hardship to the foster parent or parents, the division may issue a provisional license for a period not to exceed six months. A provisional license may not be renewed.
E. Child welfare agencies that submit foster homes for licensing shall conduct an investigation of the foster home pursuant to licensing rules of the division. The division shall conduct investigations of all other foster homes. If the foster home meets all requirements set by the division, the agency shall submit an application stating the foster home's qualifications to the division. The agency may also recommend the types of licensing and certification to be granted to the foster home.
F. The division shall accept an adoptive home certification study as a licensing home study if the study has been updated within the past three months to include the information necessary to determine whether the home meets foster care licensing standards.
G. This section does not apply if the child is placed in a home by a means other than by court order and if the home does not receive compensation from this state or any political subdivision of this state.
H. The division does not prohibit a person operating a licensed foster home from applying for or receiving compensation as a foster home parent due to employment with this state.
I. The division shall not require a foster parent to immunize the foster parent's natural or adoptive children as a condition of foster home licensure.
J. A licensee may modify the renewal date of a license issued pursuant to this section by submitting an application for modification of renewal date with the division on a form prescribed by the division. The licensee must specify the new month of renewal on the application. The modified renewal date must be prior to before, but not more than six months earlier than, the existing renewal date.
Sec. 3. Section 8-514.03, Arizona Revised Statutes, is amended to read:
8-514.03. Kinship foster care; requirements; investigation; report
A. The department shall establish kinship foster care services for a child who has been removed from the child's home and is in the custody of the department. The program shall promote the placement of the child with the child's relative for kinship foster care.
B. A kinship foster care parent applicant who is not a licensed foster care parent shall be at least eighteen years of age. The applicant and each member of the applicant's household who is at least eighteen years of age shall consent in writing to a search by the department of child safety of any computer in the home and shall submit a full set of fingerprints to the department of child safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The department of child safety shall determine if the applicant is able to meet the child's health and safety needs by conducting one or more home visits and interviewing the applicant. The department of child safety may interview other household members, review the applicant's personal and professional references and conduct department of child safety central registry checks.
C. If the department determines that a kinship foster care placement is not in the best interest of the child, the department shall provide written notification to the applicant within fifteen business days. The notice shall include the specific reason for denial, the applicant's right to appeal and the process for reviewing the decision.
D. A kinship foster care parent may be eligible to receive the following financial services for the child:
1. Full foster care benefits, including payment if the kinship foster care parent becomes a licensed foster care home.
2. Temporary assistance for needy families cash assistance payments for a child only case and supplemental financial support.
E. The department shall establish procedures for child welfare workers to inform kinship foster care families about available financial and nonfinancial services and eligibility requirements and shall assist the families in completing the necessary application.
F. If a family declines to apply for financial services, the family shall sign a statement indicating that the family declined services. The statement does not prevent the family from making application in the future. The worker shall provide a copy of the statement to the family.
G. The department shall provide nonfinancial services for a kinship foster care parent through existing means or referral. Nonfinancial services may include:
1. Family assessment.
2. Case management.
3. Child day care.
4. Housing search and relocation.
5. Parenting skills training.
6. Supportive intervention and guidance counseling.
7. Transportation.
8. Emergency services.
9. Parent aid services.
10. Respite services.
11. Additional services that the department determines are necessary to meet the needs of the child and family.
H. The department of child safety shall evaluate biannually the performance of the kinship foster care program. On or before November 1, the department shall submit a report to the speaker of the house of representatives, the president of the senate and the governor and shall provide a copy of this report to the secretary of state. The report shall contain the following information:
1. The demographics and number of children placed with relative caregivers.
2. The demographics of kinship foster caregivers.
3. The number of relative children per kinship foster care family.
4. The department's success at maintaining kinship foster care placements.
5. The type of services provided to kinship foster care families.
6. The cost of services provided to kinship foster care families compared to the cost of out-of-home placements.
7. Recommendations regarding program improvement.
Sec. 4. Title 13, chapter 35.1, Arizona Revised Statutes, is amended by adding sections 13-3562, 13‑3563 and 13-3564, to read:
13-3562. Notice to communication service provider of website hosting alleged sexual exploitation of children
A. If a law enforcement agency receives information that a communication service provider is hosting a website that contains an alleged violation of this chapter, the law enforcement agency shall notify the communication service provider by serving a notice of the alleged violation on the statutory agent of the communication service provider.
B. The notice shall include specific information on the location of the alleged violation.
13-3563. Evidence; defendant's possession prohibited
In any prosecution for a violation of this chapter, the defendant, the defendant's attorney or any person who is employed by or who is assisting the defendant is prohibited from removing any visual depiction or any computer or other device that contains a visual depiction that is alleged to be in violation of this chapter and that is in the possession of a law enforcement agency or the prosecutor. An examination of this evidence must be permitted at reasonable times and be conducted at the law enforcement agency or the prosecutor's office.
13-3564. Appointment of guardian ad litem; minor victim in a visual depiction
In any prosecution for a violation of this chapter that involves the visual depiction of a minor the court shall appoint an attorney as guardian ad litem to protect and enforce the minor victim's rights as a crime victim.
Sec. 5. Title 41, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 41-199, to read:
41-199. Internet crimes against children enforcement fund; use; reporting
A. The internet crimes against children enforcement fund is established consisting of monies deposited pursuant to section 5‑572 and monies available from any other source. The attorney general shall administer the fund.
B. Subject to legislative appropriation, the attorney general shall use monies in the fund to enter into one or more intergovernmental agreements to continue the operation of the federally recognized internet crimes against children task force program that coordinates a national network of coordinated task forces that assist federal, state, local and tribal law enforcement agencies in investigations, forensic examinations and prosecutions related to technology‑facilitated sexual exploitation of children and internet crimes against children. When entering into agreements pursuant to this subsection, consideration shall be given to entities that hire and equip veterans who are wounded, ill or injured as digital forensic analysts or investigators to support child exploitation investigations.
C. The attorney general shall submit an expenditure plan to the joint legislative budget committee for review before spending any monies not identified in the attorney general's previous expenditure plans. Within thirty days after the last day of each calendar quarter, the attorney general shall provide a summary of quarterly and year-to-date expenditures and progress to the joint legislative budget committee, including any prior year appropriations that were nonlapsing.
Sec. 6. Section 41-1727, Arizona Revised Statutes, is amended to read:
41-1727. Victims' rights enforcement fund; use; reporting
A. The victims' rights enforcement fund is established consisting of monies collected pursuant to section sections 5‑572 and 12‑116.09 and monies available from any other source. The department shall administer the fund, shall distribute the monies to qualifying organizations and entities and may use up to five per cent percent of the monies deposited in the fund for its administrative costs. Monies in the fund are continuously appropriated.
B. On application, the department shall annually distribute monies from the fund to nonprofit organizations and entities that can demonstrate a five-year history of providing, without cost to the crime victim, each of the following services to crime victims:
1. Legal representation to enforce the rights of crime victims as counsel of record in criminal cases.
2. Social services to assist the crime victim during the course of the legal representation.
C. An organization or entity that applies for monies pursuant to this section may establish its qualifications through an attorney who otherwise meets the requirements of subsection B of this section.
D. An organization that qualifies under the terms of subsection B of this section shall be funded to provide the services included in subsection B of this section without limitation on the types of crimes against victims, including administrative support for the services. Each organization and entity that receives funding pursuant to this section shall submit an annual report to the department that details the organization's or entity's budget for the program and all of the sources and amounts of public monies that are spent on the program that provides the services to crime victims included in subsection B of this section. The report shall include the following:
1. The expenditures of the public monies.
2. The level of crime victim satisfaction with the services.
E. This section does not require the reporting of the name or personal identifying information of any crime victim or crime victim advocate, any information protected under the attorney-client privilege or any information the crime victim requests to remain private.
Sec. 7. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.