HF 3725

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; establishing an Internet Crimes Against Children
(ICAC) Task Force; specifying the task force's duties and membership; providing
for grants; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 299A.

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

Section 1.

new text begin [299A.79] INTERNET CRIMES AGAINST CHILDREN TASK
FORCE; MEMBERSHIP; DUTIES; GRANTS; REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "ICAC" means Internet Crimes Against Children.
new text end

new text begin (c) "OJJDP" means the federal Office of Juvenile Justice and Delinquency
Prevention.
new text end

new text begin Subd. 2. new text end

new text begin ICAC established. new text end

new text begin The existing Internet Crimes Against Children (ICAC)
Task Force established by the St. Paul Police Department through funding provided by the
federal Office of Juvenile Justice and Delinquency Prevention (OJJDP) is established as a
statewide task force. The ICAC Task Force is a multijurisdictional, multiagency task force
that is constituted to respond to technology-facilitated crimes against children. The ICAC
Task Force may enter into agreements with local governments to continue and expand the
ICAC Task Force through the effective participation of local law enforcement agencies.
new text end

new text begin Subd. 3. new text end

new text begin ICAC Task Force duties. new text end

new text begin The ICAC Task Force shall serve as a statewide
source of prevention, education, and investigative expertise to provide assistance to
parents, teachers, law enforcement, and other professionals working on child victimization
issues. In particular, the task force shall investigate individuals, based on their criminal
activity, who:
new text end

new text begin (1) commit crimes involving the possession or distribution of child pornography as
defined in section 617.246, through the use of computers or the Internet; or
new text end

new text begin (2) commit crimes involving the exploitation or solicitation of a minor for sexual
purposes.
new text end

new text begin Subd. 4. new text end

new text begin Role of participating local governmental units. new text end

new text begin The local governmental
units that agree to participate in the ICAC program established by grant funds awarded
by the OJJDP will become a single, centralized task force investigating crimes against
children involving the Internet. The agreement must be addressed in a memorandum
of understanding and signed by the person in charge of each participating local unit of
government. The memorandum of understanding shall address the following:
new text end

new text begin (1) the command structure of the ICAC Task Force;
new text end

new text begin (2) acceptance of the ICAC standards as outlined by the ICAC program overseen by
OJJDP and the ICAC program board of directors;
new text end

new text begin (3) acquisition and liquidation of equipment, office space, and transportation;
new text end

new text begin (4) procedures for contracting necessary administrative support;
new text end

new text begin (5) selection and assignment of members;
new text end

new text begin (6) transfers of ICAC Task Force members;
new text end

new text begin (7) resolution of disputes between participating local governmental units;
new text end

new text begin (8) requirements and procedures for all workers' compensation and other liability to
remain the responsibility of each member's employing agency; and
new text end

new text begin (9) all other issues deemed pertinent by the participating local governmental units.
new text end

new text begin Subd. 5. new text end

new text begin Commander. new text end

new text begin The commander of the statewide task force will be provided
by the agency receiving the ICAC Task Force funding from OJJDP. The commander shall
make tactical decisions regarding the commencement, continuation, and conclusion of
investigations of crimes within the task force's jurisdiction. The commander shall also
report annually to the Bureau of Criminal Apprehension as required in subdivision 11.
new text end

new text begin Subd. 6. new text end

new text begin Members; employment status. new text end

new text begin (a) The investigation task force may
include law enforcement officers, investigators, prosecutors, federal law enforcement
officers, and investigators from local governmental units who are selected by their
supervisors to participate in the ICAC Task Force.
new text end

new text begin (b) All law enforcement officers selected to join the ICAC Task Force must be
licensed peace officers under section 626.84, subdivision 1, or qualified federal law
enforcement officers as defined in section 626.8453.
new text end

new text begin (c) Members shall remain employees of the same entity that employed them before
joining the ICAC Task Force.
new text end

new text begin (d) Compensation, personnel evaluations, grievances, merit increases, and liability
insurance coverage, such as general, personal, vehicle, and professional liability insurance,
shall be covered by each member's employing agency. Members of the ICAC Task Force
are not employees of the state.
new text end

new text begin Subd. 7. new text end

new text begin Jurisdiction and powers. new text end

new text begin (a) Law enforcement officers who are
members of the ICAC Task Force shall have statewide jurisdiction to conduct criminal
investigations into Internet crimes against children as described in subdivision 3, and
possess the same powers of arrest as those of a sheriff.
new text end

new text begin (b) Officers assigned to the ICAC Task Force shall follow their county arrest
procedures, booking processes, reporting processes, county attorney charging
requirements, and appropriate notification protocols to local and county sheriff agencies
where arrests are made and search warrants executed.
new text end

new text begin (c) The commander of the ICAC Task Force is responsible for ensuring compliance
with applicable local practices and procedures.
new text end

new text begin Subd. 8. new text end

new text begin Collaboration with other prosecutorial and law enforcement offices.
new text end

new text begin To the greatest degree possible, the ICAC Task Force shall cooperate and collaborate with
existing prosecutorial offices and law enforcement agencies.
new text end

new text begin Subd. 9. new text end

new text begin Prosecutor. new text end

new text begin A participating local governmental unit may seek a grant for
reimbursement for the time and resources that a prosecutor and prosecutor's staff dedicate
to the ICAC Task Force. In order to receive a grant under this subdivision, a participating
local governmental unit must provide a 25 percent match in nonstate funds or in-kind
contributions either directly from its budget or from businesses directly donating support.
A participating prosecutor shall remain an employee of the contributing county.
new text end

new text begin Subd. 10. new text end

new text begin Forfeiture. new text end

new text begin Property seized by the ICAC Task Force is subject to
forfeiture pursuant to guidelines established by the Department of Justice ICAC program
and sections 609.531, 609.5312, and 609.5313, if ownership cannot be established. The
ICAC Task Force shall receive the proceeds from the sale of all property that it properly
seizes and that is forfeited.
new text end

new text begin Subd. 11. new text end

new text begin Required reports. new text end

new text begin (a) The commander shall provide copies of all reports
provided to the Department of Justice relating to the ICAC grant to the commissioner of
public safety, in addition to an annual report that outlines the activities of the ICAC Task
Force and use of state grant funds awarded under subdivision 9.
new text end

new text begin (b) By January 15, 2008, the commissioner of public safety shall report to the chairs
and ranking minority members of the house of representatives and senate committees and
divisions having jurisdiction over criminal justice policy and funding on the activities of
the ICAC Task Force and use of grants under subdivision 9.
new text end

new text begin Subd.12. new text end

new text begin Expiration. new text end

new text begin Notwithstanding section 15.059, this section does not expire.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $250,000 is appropriated from the general fund to the commissioner of public safety
to fund the Internet Crimes Against Children (ICAC) Task Force. The appropriation is
available for the biennium ending June 30, 2007. new text end