H-0694.2
HOUSE BILL 1281
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State of Washington | 64th Legislature | 2015 Regular Session |
By Representatives Sawyer, Orwall, Hurst, Blake, Stokesbary, Tarleton, Walsh, Kirby, Appleton, G. Hunt, Pettigrew, Jinkins, Carlyle, Fey, Ortiz-Self, Senn, Walkinshaw, Moeller, Kilduff, Robinson, Van De Wege, Stanford, Ryu, Lytton, Sells, Riccelli, Kagi, Bergquist, Clibborn, Santos, Buys, and Gregerson
Read first time 01/16/15. Referred to Committee on Public Safety.
AN ACT Relating to sexual exploitation of minors; amending RCW
67.70.190; adding new sections to chapter
9.68A RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that sexual abuse and exploitation of children robs victims of their childhood and irrevocably interferes with their emotional and psychological development. Victims of child pornography often experience severe and lasting harm from the permanent memorialization of the crimes committed against them. Child victims endure depression, withdrawal, anger, and other psychological disorders. Victims also experience feelings of guilt and responsibility for the sexual abuse as well as feelings of betrayal, powerlessness, worthlessness, and low self-esteem. Each and every time such an image is viewed, traded, printed, or downloaded, the child in that image is victimized again.
The legislature finds that the expansion of the internet and computer-related technologies have led to a dramatic increase in the availability of child pornography by simplifying how it can be created, distributed, and collected. Investigators and prosecutors report dramatic increases in the number and violent character of the sexually abusive images of children being trafficked through the internet. Between 2005 and 2009, the national center for missing and exploited children's child victim identification program has seen a four hundred thirty-two percent increase in child pornography films and files submitted for identification of the children depicted. The United States department of justice estimates that pornographers have recorded the abuse of more than one million children in the United States alone. Furthermore, a well-known study conducted by crimes against children research center for the national center for missing and exploited children concluded that an estimated forty percent of those who possess child pornography have also directly victimized a child and fifteen percent have attempted to entice a child over the internet.
The legislature finds that due to a lack of dedicated resources, only two percent of known child exploitation offenders are being investigated. The legislature finds that additional funding sources are needed to ensure that law enforcement agencies can adequately investigate and prosecute offenders and victims can receive necessary services, including mental health treatment. Finally, the legislature finds that offenders convicted of crimes relating to child pornography should bear the high cost of investigations and prosecutions of these crimes and also the cost of providing services to victims.
NEW SECTION. Sec. 2. A new section is added to chapter 9.68A RCW to read as follows:
(1) In addition to penalties set forth in RCW
9.68A.070, a person who is convicted of violating RCW
9.68A.070 shall be assessed a fee of one thousand dollars for each depiction or image of visual or printed matter that constitutes a separate conviction.
(2) Fees assessed under this section shall be collected by the clerk of the court and remitted to the state treasurer for deposit into the internet crimes against children account created in section 3 of this act.
NEW SECTION. Sec. 3. A new section is added to chapter 9.68A RCW to read as follows:
(1) The internet crimes against children account is created in the custody of the state treasurer. All receipts from fees collected under section 2 of this act must be deposited into the account.
(2) Only the attorney general for the state of Washington or the attorney general's designee may authorize expenditures from the account.
(3) The attorney general or his or her designee must make any expenditures from the account according to the following schedule:
(a) Twenty-five percent of receipts for grants to organizations providing mental health services to victims of child sexual abuse; and
(b) Seventy-five percent of receipts for grants to the Washington internet crimes against children task force for use in investigations and prosecutions of crimes against children.
(4) The account is subject to the allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
Sec. 4. RCW 67.70.190 and 2013 2nd sp.s. c 4 s 987 are each amended to read as follows:
Unclaimed prizes shall be retained in the state lottery account for the person entitled thereto for one hundred eighty days after the drawing in which the prize is won, or after the official end of the game for instant prizes. If no claim is made for the prize within this time, all rights to the prize shall be extinguished, and the prize shall be retained in the state lottery fund for further use as prizes, except that one-third of all unclaimed prize money shall be deposited in the economic development strategic reserve account created in RCW
43.330.250, and one-third shall be deposited in the internet crimes against children account created in section 3 of this act.
((On July 1, 2009, June 30, 2010, and June 30, 2011, all unclaimed prize money retained in the state lottery account in excess of three million dollars, excluding amounts distributed to the economic development strategic reserve account, shall be transferred into the state general fund.
During the 2013-2015 fiscal biennium, the legislature may transfer to the education legacy trust account such amounts as reflect the excess fund balance in the state lottery account from unclaimed prizes.))
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