Second Substitute H.B. 170

Senator Lyle W. Hillyard proposes the following substitute bill:

1 PROSECUTION AND PREVENTION OF CHILD
2 PORNOGRAPHY OFFENSES AMENDMENTS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ron Bigelow
6 Senate Sponsor: Lyle W. Hillyard
7
8 LONG TITLE
9 General Description:
10 This bill modifies the duties of the State Commission on Criminal and Juvenile Justice
11 and the attorney general and appropriates certain ongoing General Fund monies to the
12 attorney general and the State Commission on Criminal and Juvenile Justice to fund
13 prosecution, prevention, and education of individuals involved in child pornography
14 crimes and other pornography crimes.
15 Highlighted Provisions:
16 This bill:
17 . adds duties to the State Commission on Criminal and Juvenile Justice to allocate
18 and administer certain grants for approved education programs to help prevent the
19 sexual exploitation of children;
20 . creates an Internet Crimes Against Children unit within the Office of the Attorney
21 General;
22 . appropriates monies to the attorney general for the following items related to Title
23 76, Chapter 5a, Sexual Exploitation of Children:
24 . one new prosecutor and required equipment;
25 . grants, for state and local law enforcement and prosecution agencies;

26 . funding for the Children's Justice Center Medical Assessment Program; and
27 . certain other legal expenses; and
28 . appropriates monies to the State Commission on Criminal and Juvenile Justice for
29 grants for approved education programs to help prevent the sexual exploitation of
30 children.
31 Monies Appropriated in this Bill:
32 This bill appropriates from the General Fund as follows:
33 . to the attorney general as an ongoing appropriation subject to future budget
34 constraints, $650,000 for fiscal year 2006-07;
35 . to the State Commission on Criminal and Juvenile Justice, $1,000,000 for fiscal
36 year 2006-07;
37 . to the attorney general as an ongoing appropriation subject to future budget
38 constraints, $200,000 for fiscal year 2006-07; and
39 . to the attorney general, $400,000 for fiscal year 2006-07.
40 Other Special Clauses:
41 None
42 Utah Code Sections Affected:
43 AMENDS:
44 63-25a-104, as last amended by Chapter 220, Laws of Utah 2001
45 ENACTS:
46 67-5-21, Utah Code Annotated 1953
47
48 Be it enacted by the Legislature of the state of Utah:
49 Section 1. Section 63-25a-104 is amended to read:
50 63-25a-104. Duties of commission.
51 The State Commission on Criminal and Juvenile Justice administration shall:
52 (1) promote the commission's purposes as enumerated in Section 63-25a-101 ;
53 (2) promote the communication and coordination of all criminal and juvenile justice
54 agencies;
55 (3) study, evaluate, and report on the status of crime in the state and on the
56 effectiveness of criminal justice policies, procedures, and programs that are directed toward the

57 reduction of crime in the state;
58 (4) study, evaluate, and report on policies, procedures, and programs of other
59 jurisdictions which have effectively reduced crime;
60 (5) identify and promote the implementation of specific policies and programs the
61 commission determines will significantly reduce crime in Utah;
62 (6) provide analysis and recommendations on all criminal and juvenile justice
63 legislation, state budget, and facility requests, including program and fiscal impact on all
64 components of the criminal and juvenile justice system;
65 (7) provide analysis, accountability, recommendations, and supervision for state and
66 federal criminal justice grant monies;
67 (8) provide public information on the criminal and juvenile justice system and give
68 technical assistance to agencies or local units of government on methods to promote public
69 awareness;
70 (9) promote research and program evaluation as an integral part of the criminal and
71 juvenile justice system;
72 (10) provide a comprehensive criminal justice plan annually;
73 (11) review agency forecasts regarding future demands on the criminal and juvenile
74 justice systems, including specific projections for secure bed space; [and]
75 (12) promote the development of criminal and juvenile justice information systems that
76 are consistent with common standards for data storage and are capable of appropriately sharing
77 information with other criminal justice information systems by:
78 (a) developing and maintaining common data standards for use by all state criminal
79 justice agencies;
80 (b) annually performing audits of criminal history record information maintained by
81 state criminal justice agencies to assess their accuracy, completeness, and adherence to
82 standards;
83 (c) defining and developing state and local programs and projects associated with the
84 improvement of information management for law enforcement and the administration of
85 justice; and
86 (d) establishing general policies concerning criminal and juvenile justice information
87 systems and making rules as necessary to carry out the duties under this Subsection (12) and

88 Subsection (10)[.]; and
89 (13) allocate and administer grants, from monies made available, for approved
90 education programs to help prevent the sexual exploitation of children.
91 Section 2. Section 67-5-21 is enacted to read:
92 67-5-21. Internet Crimes Against Children (ICAC) unit creation -- Duties --
93 Employment of staff.
94 (1) There is created within the Office of the Attorney General the Internet Crimes
95 Against Children (ICAC) unit to investigate and prosecute cases involving child pornography
96 and cases involving enticing minors over the internet into illegal sexual acts.
97 (2) The attorney general may employ investigators, prosecutors, and necessary support
98 staff for the unit created under Subsection (1).
99 Section 3. Appropriation.
100 (1) There is appropriated from the General Fund to the attorney general as an ongoing
101 appropriation, subject to future budget constraints, $650,000 for fiscal year 2006-07.
102 (2) There is appropriated from the General Fund to the State Commission on Criminal
103 and Juvenile Justice, $1,000,000 for fiscal year 2006-07.
104 (3) There is appropriated from the General Fund to the attorney general as an ongoing
105 appropriation, subject to future budget constraints, $200,000 for fiscal year 2006-07 for the
106 Children's Justice Center Medical Assessment Program.
107 (4) There is appropriated from the General Fund to the attorney general, $400,000 for
108 fiscal year 2006-07 for outside legal counsel and expert witnesses for child pornography related
109 prosecution or defense.
110 (5) It is the intent of the Legislature that:
111 (a) the monies appropriated under Subsection (1) be used to fund prosecution and
112 investigatory activities that may lead to an enforcement action by the attorney general as
113 follows:
114 (i) $150,000 for one new prosecutor and required equipment for enforcement actions
115 under Title 76, Chapter 5a, Sexual Exploitation of Children; and
116 (ii) $500,000 as grants, allocated and administered by the attorney general, for state and
117 local law enforcement and prosecution agencies that submit an application approved by the
118 attorney general; and

119 (b) the monies appropriated under Subsection (2) be used for grants, allocated and
120 administered in accordance with Subsection 63-25a-104 (13), for approved education programs
121 to help prevent the sexual exploitation of children.