SF 1400

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.78] INTERNET CRIMES AGAINST CHILDREN
TASK FORCE; MEMBERSHIP; DUTIES; GRANTS; REPORTS.
new text end

new text begin Subdivision 1. new text end [DEFINITIONS] 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 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, 2007, 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