Bill Text: HI SB2202 | 2016 | Regular Session | Introduced

Hawaii Senate Bill 2202 (Prior Session Legislation)

Introduced

Bill Title: Internet Crimes Against Children Fee

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2016-01-22 - Referred to JDL, WAM. [SB2202 Detail]

Download: Hawaii-2016-SB2202-Introduced.html

THE SENATE	S.B. NO.	2202
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

relating to Assessment of the internet crimes against children fee against criminal defendants.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that Act 115, Session Laws of Hawaii 2014, sought to more effectively combat internet crimes against children by enacting "Alicia's Law," which is codified as chapter 846F, Hawaii Revised Statutes. Alicia's Law established an internet crimes against children fee that was intended to be assessed against every defendant convicted of a misdemeanor or felony unless the court determined that the defendant was unable to pay the fee.

The purpose of this Act is to clarify that the internet crimes against children fee is to be assessed against every defendant who is convicted of a misdemeanor or felony regardless of the nature of the offense, except where the court has determined that the defendant is unable to pay the fee.

SECTION 2. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§706- Internet crimes against children fee; special fund. (1) This section shall be known as and may be cited as "Alicia's Law".

(2) For each felony or misdemeanor conviction of any offense, the court shall order the defendant to pay an internet crimes against children fee of up to $100 regardless of the nature of the offense of which the defendant was convicted; provided that no fee shall be ordered when the court determines that the defendant is unable to pay the fee.

(3) When a defendant is ordered to pay a fine, make restitution, pay a crime victim compensation fee, or pay other fees in addition to the internet crimes against children fee, payments by the defendant shall be made in the order of priority established under section 706-648.

(4) The defendant shall pay the internet crimes against children fee to the clerk of the court. The fee shall be deposited with the director of finance who shall transmit the fee to the internet crimes against children special fund pursuant to subsection (5).

(5) There is established in the state treasury the internet crimes against children special fund, into which shall be deposited:

(a) All fees collected pursuant to this section;

(b) Moneys appropriated by the legislature to the fund;

(d) Any income and capital gains earned by the fund.

(6) Moneys in the internet crimes against children special fund shall be expended by the department of the attorney general for the following purposes:

(a) To provide training and equipment for local law enforcement agencies to use in investigating and prosecuting internet crimes against children, including funding to increase the forensic capacity of digital evidence;

(b) To enable law enforcement to investigate and prosecute internet crimes against children; and

For the purposes of this subsection, "internet crimes against children" means 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, electronic enticement of a child in the first degree under section 707-756, electronic enticement of a child in the second degree under section 707-757, indecent electronic display to a child under section 707-759, or promoting pornography for minors under section 712-1215.

(7) 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 following fiscal year shall lapse to the credit of the state general fund."

SECTION 3. Chapter 846F, Hawaii Revised Statutes, is repealed.

SECTION 4. All unencumbered moneys in the internet crimes against children special fund established pursuant to section 846E-4, Hawaii Revised Statutes, existing on the close of business on June 30, 2016, shall be transferred to the special fund established pursuant to section 2 of this Act on July 1, 2016.

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2016.

INTRODUCED BY:	_____________________________

Report Title:

Internet Crimes Against Children Fee

Description:

Clarifies that the internet crimes against children fee is to be assessed against every defendant who is convicted of a misdemeanor or felony regardless of the nature of the offense.

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