1.1 	A bill for an act
1.2 	relating to public safety; establishing an Internet
1.3 	Crimes Against Children (ICAC) Task Force; specifying
1.4 	the task force's duties and membership; providing for
1.5 	grants; appropriating money; proposing coding for new
1.6 	law in Minnesota Statutes, chapter 299A.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. [299A.78] INTERNET CRIMES AGAINST CHILDREN
1.9 	TASK FORCE; MEMBERSHIP; DUTIES; GRANTS; REPORTS.
1.10 	Subdivision 1.[DEFINITIONS] (a) For purposes of this
1.11 	section, the following terms have the meanings given them.
1.12 	(b) "ICAC" means Internet Crimes Against Children.
1.13 	(c) "OJJDP" means the federal Office of Juvenile Justice
1.14 	and Delinquency Prevention.
1.15 		Subd. 2.Icac established. The existing ICAC Task Force
1.16 	established by the St. Paul Police Department through funding
1.17 	provided by the federal Office of Juvenile Justice and
1.18 	Delinquency Prevention (OJJDP) is established as a statewide
1.19 	task force.  The ICAC Task Force is a multijurisdictional,
1.20 	multiagency task force that is constituted to respond to
1.21 	technology-facilitated crimes against children.  The ICAC Task
1.22 	Force may enter into agreements with local governments to
1.23 	continue and expand the ICAC Task Force through the effective
1.24 	participation of local law enforcement agencies.
1.25 		Subd. 3.Icac task force duties. The ICAC Task Force
1.26 	shall serve as a statewide source of prevention, education, and
2.1 	investigative expertise to provide assistance to parents,
2.2 	teachers, law enforcement, and other professionals working on
2.3 	child victimization issues.  In particular, the task force shall
2.4 	investigate individuals, based on their criminal activity, who:
2.5 	(1) commit crimes involving the possession or distribution
2.6 	of child pornography as defined in section 617.246, through the
2.7 	use of computers or the Internet; or 
2.8 	(2) commit crimes involving the exploitation or
2.9 	solicitation of a minor for sexual purposes.
2.10 		Subd. 4.Role of participating local governmental units.
 2.11 	The local governmental units that agree to participate in the
2.12 	ICAC program established by grant funds awarded by the OJJDP
2.13 	will become a single, centralized task force investigating
2.14 	crimes against children involving the Internet.  The agreement
2.15 	must be addressed in a memorandum of understanding and signed by
2.16 	the person in charge of each participating local unit of
2.17 	government.  The memorandum of understanding shall address the
2.18 	following:
2.19 	(1) the command structure of the ICAC Task Force;
2.20 	(2) acceptance of the ICAC standards as outlined by the
2.21 	ICAC program overseen by OJJDP and the ICAC program board of
2.22 	directors;
2.23 	(3) acquisition and liquidation of equipment, office space,
2.24 	and transportation;
2.25 	(4) procedures for contracting necessary administrative
2.26 	support;
2.27 	(5) selection and assignment of members;
2.28 	(6) transfers of ICAC Task Force members;
2.29 	(7) resolution of disputes between participating local
2.30 	governmental units;
2.31 	(8) requirements and procedures for all workers'
2.32 	compensation and other liability to remain the responsibility of
2.33 	each member's employing agency; and 
2.34 	(9) all other issues deemed pertinent by the participating
2.35 	local governmental units.
2.36 		Subd. 5.Commander. The commander of the statewide task
3.1 	force will be provided by the agency receiving the ICAC Task
3.2 	Force funding from OJJDP.  The commander shall make tactical
3.3 	decisions regarding the commencement, continuation, and
3.4 	conclusion of investigations of crimes within the task force's
3.5 	jurisdiction.  The commander shall also report annually to the
3.6 	Bureau of Criminal Apprehension as required in subdivision 11.
3.7 		Subd. 6.Members; employment status. (a) The
3.8 	investigation task force may include law enforcement officers,
3.9 	investigators, prosecutors, federal law enforcement officers,
3.10 	and investigators from local governmental units who are selected
3.11 	by their supervisors to participate in the ICAC Task Force.
3.12 	(b) All law enforcement officers selected to join the ICAC
3.13 	Task Force must be licensed peace officers under section 626.84,
3.14 	subdivision 1, or qualified federal law enforcement officers as
3.15 	defined in section 626.8453.
3.16 	(c) Members shall remain employees of the same entity that
3.17 	employed them before joining the ICAC Task Force.
3.18 	(d) Compensation, personnel evaluations, grievances, merit
3.19 	increases, and liability insurance coverage, such as general,
3.20 	personal, vehicle, and professional liability insurance, shall
3.21 	be covered by each member's employing agency.  Members of the
3.22 	ICAC Task Force are not employees of the state.
3.23 		Subd. 7.Jurisdiction and powers. (a) Law enforcement
3.24 	officers who are members of the ICAC Task Force shall have
3.25 	statewide jurisdiction to conduct criminal investigations into
3.26 	Internet crimes against children as described in subdivision 3,
3.27 	and possess the same powers of arrest as those of a sheriff.
3.28 	(b) Officers assigned to the ICAC Task Force shall follow
3.29 	their county arrest procedures, booking processes, reporting
3.30 	processes, county attorney charging requirements, and
3.31 	appropriate notification protocols to local and county sheriff
3.32 	agencies where arrests are made and search warrants executed.
3.33 	(c) The commander of the ICAC Task Force is responsible for
3.34 	ensuring compliance with applicable local practices and
3.35 	procedures.
3.36 		Subd. 8.Collaboration with other prosecutorial and law
4.1 	enforcement offices. To the greatest degree possible, the ICAC
4.2 	Task Force shall cooperate and collaborate with existing
4.3 	prosecutorial offices and law enforcement agencies.
4.4 		Subd. 9.Prosecutor. A participating local governmental
4.5 	unit may seek a grant for reimbursement for the time and
4.6 	resources that a prosecutor and prosecutor's staff dedicate to
4.7 	the ICAC Task Force.  In order to receive a grant under this
4.8 	subdivision, a participating local governmental unit must
4.9 	provide a 25 percent match in nonstate funds or in-kind
4.10 	contributions either directly from its budget or from businesses
4.11 	directly donating support.  A participating prosecutor shall
4.12 	remain an employee of the contributing county.
4.13 		Subd. 10.Forfeiture. Property seized by the ICAC Task
4.14 	Force is subject to forfeiture pursuant to guidelines
4.15 	established by the Department of Justice ICAC program and
4.16 	sections 609.531, 609.5312, and 609.5313, if ownership cannot be
4.17 	established.  The ICAC Task Force shall receive the proceeds
4.18 	from the sale of all property that it properly seizes and that
4.19 	is forfeited.
4.20 		Subd. 11.Required reports. (a) The commander shall
4.21 	provide copies of all reports provided to the Department of
4.22 	Justice relating to the ICAC grant to the commissioner of public
4.23 	safety, in addition to an annual report that outlines the
4.24 	activities of the ICAC Task Force and use of state grant funds
4.25 	awarded under subdivision 9.
4.26 	(b) By January 15, 2007, the commissioner of public safety
4.27 	shall report to the chairs and ranking minority members of the
4.28 	house of representatives and senate committees and divisions
4.29 	having jurisdiction over criminal justice policy and funding on
4.30 	the activities of the ICAC Task Force and use of grants under
4.31 	subdivision 9.
4.32 		Subd. 12.Expiration. Notwithstanding section 15.059,
4.33 	this section does not expire.

4.34 	Sec. 2. APPROPRIATION.
 4.35 	$250,000 is appropriated from the general fund to the
4.36 	commissioner of public safety to fund the Internet Crimes
5.1 	Against Children (ICAC) Task Force.  The appropriation is
5.2 	available for the biennium ending June 30, 2007.