ENGROSSED SENATE
BILL NO. 1002	By:	Newberry of the Senate

			and

		Henke of the House

[ crimes against children - providing for fee - providing for collection of fee - providing for deposit of fee - codification - noncodification - 		emergency ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1313.8 of Title 20, unless there is created a duplication in numbering, reads as follows:
A.  As used in this section:
1.  "Convicted" means any final adjudication of guilt, whether pursuant to a plea of guilty or nolo contendere or otherwise, and any deferred or suspended sentence or judgment; and
2.  "Court" means any state or municipal court having jurisdiction to impose a criminal fine or penalty.
B.  Any person convicted of an offense, including traffic offenses but excluding parking and standing violations, punishable by a fine of Twenty-five Dollars ($25.00) or more or by incarceration or any person forfeiting bond when charged with such an offense, shall be ordered by the court to pay Ten Dollars ($10.00) as a separate fee, which fee shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law for such offense.  The fee shall be collected at the same time as the fees provided for in Sections 1313.2 and 1313.3 of Title 20 of the Oklahoma Statutes.
C.  The court clerk shall cause the fees provided for in subsection B of this section to be deposited on a monthly basis as follows:
1.  Two Dollars ($2.00) to the District Attorneys Council who shall deposit the monies into the Internet Crimes Against Children Prosecution Revolving Fund as created in Section 2 of this act;
2.  Five Dollars ($5.00) to the Oklahoma State Bureau of Investigation who shall deposit the monies into the OSBI Revolving Fund provided for in Section 150.19a of Title 74 of the Oklahoma Statutes to fund the Internet Crimes Against Children Unit (ICAC);
3.  Two Dollars ($2.00) to the Oklahoma State Bureau of Investigation who shall deposit the monies into the Child Abuse Response Team Revolving Fund as created in Section 4 of this act; and
4.  One Dollar ($1.00) to the Oklahoma State Bureau of Investigation who shall deposit the monies into the Internet Crimes Against Children Unit Revolving Fund as created in Section 3 of this act.
D.  The deposits required by this section shall be included in the report required by Section 1313.2 of Title 20 of the Oklahoma Statutes and shall be listed as a separate item.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 215.41 of Title 19, unless there is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund for the District Attorneys Council, to be designated the "Internet Crimes Against Children Prosecution Revolving Fund".  The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the control and management of the Council.  Expenditures from this fund shall be made pursuant to the purposes of this act and without legislative appropriation.  All monies accruing to the credit of the fund may be budgeted and expended by the Council solely for purposes of the enforcement of internet crimes against children laws.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 150.19b of Title 74, unless there is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund for the Oklahoma State Bureau of Investigation, to be designated the "Internet Crimes Against Children Unit Revolving Fund".  The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the control and management of the Bureau.  Expenditures from this fund shall be made pursuant to the purposes of this act and without legislative appropriation.  All monies accruing to the credit of the fund may be budgeted and expended by the Bureau solely for purposes of programs for the psychological fitness and health of the officers of the Internet Crimes Against Children Unit.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 150.19c of Title 74, unless there is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund for the Oklahoma State Bureau of Investigation, to be designated the "Child Abuse Response Team Revolving Fund".  The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the control and management of the Bureau.  Expenditures from this fund shall be made pursuant to the purposes of this act and without legislative appropriation.  All monies accruing to the credit of the fund may be budgeted and expended by the Bureau solely to support the services provided by the Child Abuse Response Team.
SECTION 5.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
It shall be the duty of the District Attorneys Council and the Oklahoma State Bureau of Investigation to provide to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chair of the Appropriations Committee of the Senate, and the Chair of the Appropriations and Budget Committee of the House of Representatives a report regarding the effectiveness of the provisions of this act no later than April 1, 2015.
SECTION 6.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the Senate the 5th day of March, 2013.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2013.

	
	Presiding Officer of the House
	of Representatives