THE SENATE

S.B. NO.

262

TWENTY-NINTH LEGISLATURE, 2017

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CHILDREN.

 

 

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

 


     SECTION 1.  Section 712A-16, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:

     "(4)  There is established in the department of the attorney general a revolving fund to be known as the criminal forfeiture fund[, hereinafter referred to as the "fund"] in which shall be deposited one-half of the proceeds of a forfeiture and any penalties paid pursuant to section 712A-10(6).  All moneys in the fund shall be expended by the attorney general and are appropriated for the following purposes:

     (a)  The payment of any expenses necessary to seize, detain, appraise, inventory, safeguard, maintain, advertise, or sell property seized, detained, or forfeited pursuant to this chapter or of any other necessary expenses incident to the seizure, detention, or forfeiture of such property and such contract services and payments to reimburse any federal, state, or county agency for any expenditures made to perform the foregoing functions;

     (b)  The payment of awards for information or assistance leading to a civil or criminal proceeding;

     (c)  The payment of supplemental sums to state and county agencies for law enforcement purposes;

     (d)  The payment of expenses arising in connection with programs for training and education of law enforcement officers;

     (e)  The payment of expenses arising in connection with enforcement pursuant to the drug nuisance abatement unit in the department of the attorney general; and

     (f)  The payment of expenses arising in connection with the law enforcement officer independent review board in the department of the attorney general[.];

provided that beginning in fiscal year 2017-2018, the department of the attorney general may transfer $50,000 of the fund each year into the internet crimes against children special fund under section 846F-4."

     SECTION 2.  Section 846F-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

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

     (1)  All fees collected pursuant to section 846F-3;

     (2)  Moneys transferred by the department of the attorney general from the criminal forfeiture fund pursuant to section 712A-16(4);

    [(2)] (3)  Moneys appropriated by the legislature to the fund;

    [(3)] (4)  Other grants and gifts made to the fund; and

    [(4)] (5)  Any income and capital gains earned by the fund."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 7, 2059; provided that the amendment made to section 712A-16, Hawaii Revised Statutes, in section 1 of this Act shall not be repealed when section 712A-16, Hawaii Revised Statutes, is reenacted on June 30, 2022, pursuant to section 7 of Act 161, Session Laws of Hawaii 2016.

 


 


 

Report Title:

Criminal Forfeiture Fund; Internet Crimes Against Children

 

Description:

Authorizes the department of the attorney general to transfer up to $50,000 each year out of the criminal forfeiture fund for deposit into the internet crimes against children special fund.  Authorizes the deposit of moneys transferred from the criminal forfeiture fund into the internet crimes against children special fund. Takes effect on 1/7/2059.  (SD1)

 

 

 

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